HomeMy WebLinkAboutMINUTES - 04201993 - 1.71 ' Contra
TO: BOARD OF SUPERVISORS •� :.
Costa
FROM: Harvey E. Bragdon
County
Director of Community Development ��y
DATE: April 20, 1993
SUBJECT: Approval of certain Community Development Block Grant (CDBG) Program
Project Agreements, FY 1993/94 .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve and authorize the Deputy Director or his Designee to execute
the following CDBG Program Project Agreements with payment limits as
indicated, during the period beginning April 1, 1993 and ending March
31, 1994 :
19-14 Bi-Bett Corp. Operation Self-Sufficiency $ 58,000
19-15 City of San Pablo Commercial Area Revitalization $ 10,000
19-17 Rubicon Programs Close to Home Bakery . $ 60,000
19-37 Rape Crisis Center Child Assault Prevention $ 25,000
19-38 Contra Costa Legal Assistance for the Elderly $ 18,750
19-42 Villa San Ramon: ConSery Program $ 30,000
19-44 Delta Community Services Youth Program $ 5,400
19-49 Contra Costa Food Bank $ 32,500
19-5.0 Contra Costa County Housing Authority $100,000
19-51 United Council of Spanish Speaking Organ. $ 10,000
19-53 Hospice of Contra Costa $ 40,000
19-55 Eden Council for Hope and Opportunity $ 10,000
19-57 Marina United Senior Services $ 23,650
19-62 Crisis & Suicide Intervention $ 10,000
FISCAL IMPACT
None ( 100% HUD Funds)
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Community Development Block Grant is Federal l funded and operates
CONTINUED ON ATTACHMENT: YES SIGNATURE: I
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM I M414DATION 0 BOARD CO TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT�_ . ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Larry Jones
646-4208
cc: Community Development ATTESTED d
CAO PHIL BATCHELaR, CLERK OIK
Auditor (Nona Garnett) THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Contractor
BY DEPUTY
LJ6/cdbgnew.bos
at no cost to the County. The programs described below implement
some of the goals and objectives described in the County' s final
statement of Community Development Objectives and Projected use of
funds approved . by the U.S. Department of Housing and Urban
Development.
19 -14 Bi-Bett Corporation, Operation Self -Sufficiency
This program will provide start-up costs for a painting and
contracting business operated by Bi-Bett Corporation, creating jobs
for alcohol and drug rehabilitation patients from their facility in
East County.
19 -15 City of San Pablo, Commercial Area Revitalization
This will permit the City to hire a staff person to administer a
commercial business renovation and facade rehabilitation program in
the Old Town section of San Pablo.
19 -17 Rubicon Programs, Close to Home Bakery
This program will renovate Rubicon' s kitchen facility on Bissell
Avenue in Richmond for the operation of the catering and bakery
companies, allowing for business expansion. The business expansion
will provide jobs for homeless and disabled persons in the West
County.
19 -37 Rape Crisis Center, Child Assault Prevention- Teen Program
This funding assists with the operating costs of a school outreach
program which educates junior and senior high school students on
child assault and abuse issues and works with identified assault
victims and their families in West, South, and Central County.
19 -38 Contra Costa Legal Assistance for the Elderly
This program provides free legal assistance to the over - 60
population of the County. Services are focused on the frail
elderly whose basic needs are at risk.
19 -42 Villa San Ramon: Conserv Program
This project will subsidize the costs of congregate meals and other
services for up to 24 very-low income seniors and disabled persons
at Villa San Ramon. The program will be administer by the City of
San Ramon.
19 -44 Delta, Community Services Youth Program
This program is a drop-in Friday night recreation center for low-
income East County Youth, as an alternative to drugs or other
negative choices . The center will be at Delta Community Service
Center, Brentwood or the Delta Family YMCA, Oakley.
19 -49 Contra Costa Food Bank
Funding for this project assists with the purchase of a truck and
the operating costs of a program which picks up surplus ready-to-
eat food from restaurants, corporate cafeterias, and elsewhere
throughout the County for delivery to soup kitchens and other local
charities who feed the very-low income population of the County.
19 -50 Contra Costa Housing Authority, Homeless Shelter Program
This funding will assist with the operating costs of two homeless
shelters, thereby allowing them to remain open year-round.
19 -51 United Council of Spanish Speaking Organizations
This project will partially support a community worker at UCSSO' s
Community Center in Martinez . The Center provides translation and
social services to low-income residents of Central County.
19 -53 Hospice of Contra Costa
this project will subsidize the cost of patient care inn a skilled
nursing facility for persons in the terminal stages of AIDS from
throughout the County. The identified skilled nursing facility is
the first and only in Contra Costa County which is willing to
.dedicate all or part of its services to HIV/AIDS patients .
19-55 Eden Council for Hope and Opportunity
This program provides support counseling of County elderly
residents on the availability of Reverse Annuity Mortgage programs,
which allow seniors to receive monthly payments to supplement their
incomes, based upon the equity in their homes . Services will be
provided in the elderly person's homes .
19 -57 Marina United Senior Services
This project will support a program that will provide weekend meals
and activities for low-income seniors living primarily in the
Pittsburg area.
19 -62 Crisis & Suicide Intervention
This project will support the crisis hotline and supportive
services for all residents of Contra Costa County.
19-14
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and Bi-Belt Corporation (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Operation
Self - Sufficiency in a manner satisfactory to County and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant Program:
Program Delivery
The. Bi-Belt Corporation will commence two small non profit businesses with CDBG
funds. The program will train and employ participants from the Diablo Valley and
Frederic Ozanam rehabilitation centers. The businesses will be in the field of office
janitorial services and building maintenance and painting services.
General Administration
[Add description of general administrative services to be performed in support of
activities noted above]
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $58,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Susan Cinelli
Community Development Department 1260 - A Monument Blvd.
651 Pine Street, 4th Floor, North Wing Concord, CA 94520
Martinez, CA 94553 (510) 798-7250
(510) 6464208
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
C:CDBGCONT.SHL
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent Subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the'Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The Subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance; whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the: County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project; and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government:.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a.. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG pro,-.:,)Tam;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Clidnt Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency- as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in,accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory record:. of all non-expendable
personal property as defined by such policy as may 'be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement:
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 .as amended, Section 109
of Title I of the Housing and Community Development .Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any ernployee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not Iimited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentialitv
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan .
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer..
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Emplovment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for. political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for.inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of$2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of'the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the.agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the-greatest extent feasible opportunities for training and _
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of abilit�r to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest; in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copy6ght
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply wirh any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written ,
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
19-15
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and the City of San Pablo (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Commercial
Area Revitalization District Program in a manner satisfactory to County and consistent
with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Community Development Block Grant
Program:
Program Delivery
The City of San Pablo will be responsible for operating a loan and grant program that
assists commercial businesses in facade rehabilitation. The Old town section of the
City, specifically the area along Market street, will be the focus of the program. The
City will assist businesses with architectural services and will provide grant assistance
for sign removal and facade improvement.
General Administration
[Add description of general administrative services to be performed in support of
activities noted above]
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the _ day of 19_ and end on
the _ day of , 19_. The term of this Agreement and the provisions herein
shall be extended to cover any additional time period during which the Subrecipient
remains in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $ . Demands for the payment of
eligible expenses shall be based upon information submitted by the Subrecipient
consistent with the approved Agreement Budget, attached hereto and made a part hereof
as Exhibit _, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Name
Community Development Department Address
651 Pine Street, 4th Floor, North Wing City, State, ZIP
Martinez, CA 94553 Telephone
(510) 646-4208
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
C:CDBGCONT.SHL
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the'Subreciepient's insurance policy.
s
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The Subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the. County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or fimding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any r-eal or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies.as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Pavment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Managennent Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation. Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
0
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentialitv
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States,are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WB EiTVM E
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub.-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records,and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertiseme;.its for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Emplovment Restrictions
1. Prohibited Activities
0
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or :nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Riizht to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of$2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of$2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organiz<<tion or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior-written consent of the County thereto; provided., however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct: or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that :in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2006).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement.
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in. the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C GENCOM.SHL
corporation seal.
DRAP
19-17
° PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and Rubicon Programs Inc. (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
1. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Close to
Home Bakery in a manner satisfactory to County and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant Program:
Program Delivery
Rubicon Programs will own and operate a non-profit wholesale dessert bakery business
called "Close to Home". The enterprise will distribute to cafes, restaurants and grocery
stores throughout the Bay Area. The Bakery will employ and train up to 25 people (23
disadvantaged) in the first year. Five employees will be full time. CDBG funds will
assist in the acquisition of capital equipment and in operational funds.
General Administration
[Add description of general administrative services to be performed in support of
activities noted above]
0
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary. .
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
d'
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $34,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Cheri Hirsch
Community Development Department Rubicoon Programs Inc.
651 Pine Street, 4th Floor, North Wing 2500 Bissell Ave.
Martinez, CA 94553 Richmond, CA 94804
(510) 646-4208 (510) 235-1516
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
C:CDBGCONT.SHL
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
° insurance, including coverage for owned and non-owned automobiles, with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees.as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the'Subreciepient's insurance policy. ,
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance; whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or fimding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
O
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMIlVISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Pavment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Pavment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance 'with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement. '
4. Relocation, Acquisition and Displacement:
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices. are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation,. and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, td
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the.
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Emplovment Restrictions
1. Prohibited Activities G
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for. political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the.payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
.Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation. of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. . Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict.of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process ,
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
DC ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in. the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in. Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or Stats
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is.subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipienfs performance or any part thereof complies
with the requirements of this Agreement, or acceptance; of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written .
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GFNCOWSHL
corporation seal:
1
<< 71
DRAPI'01 .1 19-37
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Rape Crisis Center (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Child
Assault Prevention Program - Teen Proiect (CAP) in a manner satisfactory to County
and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community
Development Block Grant Program:
Program Delivery
The Subrecipient will provide the Teen Component of the Child Assault Prevention
Program to students in junior and senior high schools throughout the Urban County.
Subrecipient will provide the following services in a manner satisfactory to County and
consistent with the Subrecipient's approved CDBG proposal.
General Administration
Project oversight and direction will be provided by the Subrecipient's Executive
Director and Associate Director. Program delivery services will be provided by the
Prevention Manager, Workshop Leaders, Direct Services Coordinator, and Prevention
Manager. General administrative support will be provided by the Fiscal Manager, Data
Entry Operator, and Direct Services Coordinator.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
90 presentations to 2,700 students, a majority of whom are from low-moderate income
households. 10 presentations to principals/teachers. Support service and follow-up
services to teens who are identified as sexually abused.
C. Staffinp,
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance`Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
in. PAYMENT
It is expressly agreed and understood that the total amount, to be paid by the County
under this agreement shall not exceed $25,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Gloria Sandoval, Executive Director
Community Development Department Rape Crisis Center
651 Pine Street, 4th Floor, North Wing 2023 Vale Road, Suite 2
Martinez, CA 94553 San Pablo, CA 94806
(510) 646-4208 (510) 237-0113
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
LJ6:19-37.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles;- with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy..
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,.
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided-by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADNMQSTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity,components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or.sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency- as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget.from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504.• By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
J V
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. . Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous. places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours; the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing` and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
e
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
Fir te,
71
19-38
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and Contra Costa Legal Assistance for the Elderly (herein called the
"Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [191 Prevention of
the Loss of Basic Needs Program in a manner satisfactory to County and consistent
with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Community Development Block Grant
Program:
Program Delivery
The Subrecipient will operate a program which provides free legal assistance to low-
income, over-60 population of the Urban County. Services will be focused on the frail
elderly whose basic needs are at risk.
General Administration
Project oversight and direction will be provided by the Executive Director. General
administrative support and program delivery will be carried out by the Subrecipient's
legal and project staff.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
Provision of free legal services to a minimum of 340 elderly residents living in the
Urban County. Approximately 160 of these clients will be residents of West County;
180 will reside in East and Central County.
.Legal services will focus on those areas of the law which are most geared toward the
specific legal needs of the elderly.
Subrecipient will develop referral relationships with agencies who provide other senior
services to assure optimum use of CDBG funds.
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $18,750. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Nancy DeNault
Community Development Department CC Legal Assistance for the Elderly, Inc.
651 Pine Street, 4th Floor, North Wing 1305 MacDonald Avenue
Martinez, CA 94553 Richmond, CA 94801
(510) 646-4208 (510) 374-3713
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
U6:19-38.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of.such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all rimes remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles;, with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute priinary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board, of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the. Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR: Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4.• Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area �.vith funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or.other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income. residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation. of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided., however, that claims for
money due-or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title W United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or, elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use'and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the .parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance: with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the.Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
� 7
j
r 19-42
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and the City of San Ramon (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [191 ConSery
Program in a manner satisfactory to County and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant Program:
Program Delivery
The Subrecipient will provide subsidies for the ConSery Program at Villa San Ramon,
a congregate care facility for the elderly located in San Ramon. The funding will be
used to assist with the non-rent costs of the facility, including meals, social activities,
and transportation.
General Administration
Project oversight and direction will be provided by a designated staff person from the
City of San Ramon. General administrative support will be provided by Subrecipient's
administrative staff.
0
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
Subsidies for up to twenty-four (24) low income elderly and/or disabled residents at
Villa San Ramon to assist with the payment of the costs associated with the ConSery
package. The unsubsidized cost,of this program is $400 per month.
Subsidies will be provided on a sliding scale to optimize the use of CDBG funds.
Subsidy payments will be made to the neediest residents first. The sliding scale is as
follows:
Regardless of the level of subsidy required, Subrecipient acknowledges that the CDBG
funds awarded through this Agreement will be utilized in such a manner as to assure
that the funds are available for the full length of the program year.
Annual Household Income Level of Subsidy
Up to $4,999 100%
$5,000 to $8,999 75%
$9,000 - $12,000 50%
$12,001 - $18,350* 25%
*The upper limit for a two-person household is $20,950.
I
I
C. Staffiniz
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $30,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Heather Bovat
Community Development Department City of San Ramon
651 Pine Street, 4th Floor, North Wing Planning Services Division
Martinez, CA 94553 2226 Camino Ramon
(510) 646-4208 San Ramon, CA 94583
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
A:19-42.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974,,including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding?
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles;. with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Manaizement
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning Subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly all program income as defined at 24 CFR o
570.500(a) generated by activities carried out with CDBG funds made available
under this agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest eamed on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the Subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the.County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
a
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentialitv
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
0
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
.of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58). °
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
OKAFor 1, 71
19-49
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and Contra Costa Food Bank (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [L9] Prepared
Food Program in a manner satisfactory to County and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant Program:
Program Delivery
The Subrecipient will implement a program which picks up surplus ready-to-eat food
from restaurants, corporate cafeterias, and elsewhere throughout the Urban County for
delivery to soup kitchens and other local charities who feed the very-low income
population of the County.
General Administration
Project oversight and direction will be provided by the Executive Director. General
administrative support will be provided by Subrecipient's support staff. Many of the
services provided by the Subrecipient will be delivered through the use of volunteers.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
Pickup and transport surplus prepared foods from restaurants, cafeterias and other
sources throughout the County. During this first year of program operations, foods will
be transported in a refrigerated van by a driver trained in food handling for delivery to
the four largest soup kitchens in Contra Costa County: Fishes and Loaves, in Concord,
Martinez, and Pittsburg; and the Souper Center in Richmond. These four centers feed a
total of up to 1500 persons a day. Subrecipient agrees that foods will be made
available to a minimum of 1,000 people per day.
CDBG funds may be used for the truck driver's salary, operating costs, and/or the
purchase of the truck.
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
H. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $32,500. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones John Bates
Community Development Department Contra Costa Food Bank
651 Pine Street, 4th Floor, North Wing 5121 Port Chicago Highway
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 676-7543
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
LJ6:19-49.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal. Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all rimes remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not ]later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain theproject as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
n
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records :For any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement :For costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval f-om the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing: grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
a
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for. political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest: in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
fiunished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall. be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
0
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair-and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with. any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all rimes for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
e 7/
A Ft
19-50
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Housing Authority of Contra Costa County (herein called the
"Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Homeless
Shelter Program in a manner satisfactory to County and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant Program:
Program Delivery
The Subrecipient will use funds to pay operating costs of two homeless shelters,
allowing them to remain open year-round. The shelters are located at 845B Brookside
Drive, Richmond, and 2047 Arnold Industrial Way, Concord.
General Administration
Project oversight and direction will be provided by the Program Manager. General
operational and administrative support will be provided by two (2) community-based
non-profit organizations under contract to Subrecipient. Subrecipient will ensure that
these sub-subrecipients operate in accordance with all provisions of the Community
Development Block Grant Program, as set forth in the General Conditions of this
Agreement. Subrecipient will be responsible for meeting all terms of this Agreement.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
Operating costs for the Richmond and Concord homeless shelters, including selection of
the community-based organizations who will provide site services, including operational
and supervision of the shelter populations; payment of some utilities; and payment of
some CDBG-eligible costs of building upkeep. CDBG funds are not to be used to
provide any type of income payment, as defined by H.U.D. in the CDBG Program
regulations.
C. StaffinL
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
0
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $100,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Pat Pinkston
Community Development Department Housing Authority of Contra Costa County
651 Pine Street, 4th Floor, North Wing 3130 Estudillo Street
Martinez, CA 94553 Martinez, CA 94553
(510) 646-4208 (510) 372-5385
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
LJ6:19-50.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all rimes remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles.- with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the .
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa. County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keening
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more .
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063,.and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for.employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The.Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of$2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining.to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each- labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be.forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
0
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 198 1,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this. Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped frombringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
0
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business,-execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
ORAFt
19-62
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st day of April, 1993 by and between Contra Costa County
(herein called the "County") and Crisis and Suicide Intervention of Contra Costa (herein called the
"Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year [19] Hotline,
Grief Counseling, Community Education Pro in in a manner satisfactory to County
and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community
Development Block Grant Program:
Program Delivery
The Subrecipient will operate the crisis hotline and supportive services for all residents
of the Urban County. Supportive services include grief counseling and community
education.
General Administration
Project oversight and direction will be provided by the Executive Director. General
administrative support will be provided by Subrecipient's support staff. Many of the
services provided by the Subrecipient will be delivered through the use of volunteers.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide the following services:
Operation of the suicide and crisis hotline, serving 12,000 callers from the Urban
County during the term of this Agreement. Grief counseling, utilizing 60 trained
volunteers. Community education in public schools, utilizing 25 trained volunteers.
C. Staffn2
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30) days after being notified by the County, agreement suspension or termination
procedures may be initiated.
H. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
in. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $10,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa Coun Subrecipient
0
Lawrence P. Jones Jim Bouquin
Community Development Department Crisis and Suicide Intervention of
651 Pine Street, 4th Floor, North Wing Contra Costa
Martinez, CA 94553 307 Lennon Lane
(510) 646-4208 Walnut Creek, CA 94598
(510) 939-1916
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
LJ6:19-62.AGR
0
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday,November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
° or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire term of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles;- with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered.under the Subreciepient's insurance policy..
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply�with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
I. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review.upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
0
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
e
practices include but are not 'limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
0 0
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of.1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the
County and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which, are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipient's performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
• from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.
I< 71
19-53
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 21st.day of April, 1993 by and between Contra Costa County
(herein called the "County") and Hospice of Contra Costa (herein called the "Subrecipient").
WHEREAS, the County has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended;
and
WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year L19] Hospice Care
of HIV/AIDS Patients Program in a manner satisfactory to County and consistent with
any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Community Development Block Grant
Program:
Program Delivery
The Subrecipient will use funds to subsidize cost of patient care in a skilled nursing
facility for persons in the terminal stages of HIV/AIDS/ARC from throughout Contra
Costa County.
General Administration
Project oversight and direction will be provided by the Project Director. General
administrative support will be provided by the Subrecipient's administrative staff.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide subsidies on a sliding scale basis for at least 400 patient
days in an identified skilled nursing facility. CDBG funding will be utilized in such a
manner as to assure that the subsidies are made available on a priority basis to the
neediest, most acute patients. Funding will not replace funds available from any other
source.
C. Staffing
Provide name of employee(s), title, hourly rate of pay, and time spent on program per
pay period. This list is to be updated as necessary.
D. Performance Monitoring
The County will have the right to monitor the performance of the Subrecipient against
goals and performance standards established herein. Substandard performance as
determined by the County will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within
thirty (30)days after being notified by the County, agreement suspension or termination
procedures may be initiated.
k
^7t tli
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of April, 1993 and end on the
31 st day of March, 1994. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which the Subrecipient remains
in control of CDBG funds or other assets including program income.
in. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $40,000. Demands for the payment of eligible
expenses shall be based upon information submitted by the Subrecipient consistent
with the approved Agreement Budget, attached hereto and made a part hereof as
Exhibit A, and County policy concerning payments.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication concerning this agreement and/or any amendments hereto shall be
directed to the following:
Contra Costa County Subrecipient
Lawrence P. Jones Cindy Siljestrom
Community Development Department Hospice of Contra Costa
651 Pine Street, 4th Floor, North Wing 120 La Casa Via, Suite 106 State,
Martinez,, CA 94553 Walnut Creek, CA 94598
(510) 646-4208
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to this regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
I..J6:19-53.AGR
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing public agencies with respect to its performance
hereunder, including but not limited to Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part
570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November
13, 1974, as may be revised and amended; and which are incorporated herein by
reference. Documentation of such compliance shall be made available for review
by the County upon request.
B. Independent Subrecipient
Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent subrecipient
with respect to the services to be performed under this agreement. The County
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance
as the Subrecipient is an independent Subrecipient.
C. Indemnification
The Subrecipient shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any
damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly
or indirectly from or connected with the operations or services of the Subrecipient
or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct
of the County or its officers or employees. The Subrecipient will reimburse the
County for any expenditures, including reasonable attorney's fees, the County may
make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Subrecipient.
D. Insurance and Bonding
During the entire terns of this Agreement and any extension of modification
thereof, the Subrecipient shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special
Conditions:
(1) Liability Insurance. The Subrecipient shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles;• with a
minimum combined single limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the
County and its officers and employees as additional insureds as to all services
performed by the Subrecipient under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss
covered under the Subreciepient's insurance policy.
(2) Workers' Compensation. The Subrecipient shall provide the County with
a Certificate of Insurance evidencing workers' compensation insurance coverage
for its employees.
(3) The subrecipient shall provide a policy or policies of All Risk Property
Damage Insurance including Flood Plain Insurance whenever applicable,
particularly where CDBG funds are used in the acquisition of real property.
(4) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the
County, the State and Federal Governments, their officers, agents, and employees,
so that other insurance policies held by them shall not be required to contribute
to any loss covered under the Subrecipient's insurance policy or policies.
The Subrecipient shall carry sufficient insurance coverage to protect agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the County. Not later than the effective
date of the Agreement, the Subrecipient shall provide the County with a
certificate(s) of insurance evidencing the above liability insurance.
The Subrecipient shall comply with the bonding and insurance requirements of
Attachment B of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the grantor agency in
providing services through this agreement. As appropriate, activities, facilities and
items utilized pursuant to this agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this agreement.
G. Amendments
Contra Costa County or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the County Board of Supervisors. Such
amendments shall not invalidate this Agreement, nor relieve or release County or
Subrecipient from its obligations under this Agreement.
Should Federal or State regulations, laws, policies or funding amounts touching
upon the subject of this Agreement be adopted or revised during the term hereof,
this Agreement shall be deemed amended to assure conformance with such
Federal and State requirements. If such amendments result in a change in the
funding, the scope of services, or schedule of, the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both County and Subrecipient.
H. Suspension or Termination
In the event the Subrecipient fails to perform properly any of its obligations
hereunder and such failure of performance is not cured by the Subrecipient within
thirty (30) days after receipt of written notice from the County, the County may
in addition to any other remedies, complete the Subrecipient's obligations in any
reasonable manner it chooses, take possession of any real or personal property
associated with the project, and construct, operate or maintain the project as the
County may deem necessary to fulfill requirements of the Federal Government.
The Subrecipient agrees to reimburse the County for any costs or expenses
incurred by the County because of said failure to perform and also agrees to
convey title to any real property acquired by Subrecipient with project funds
should County request such title.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by Subrecipient under this Agreement shall, at the option of the
County, become the property of the County, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination. Contra Costa County may
also suspend or terminate this Agreement, in whole or in part.
Failure by the Subrecipient to perform properly any of its obligations under this
Agreement may be cause for suspension of all obligations of the County
thereunder.
If the Subrecipient materially fails to comply with any term of this Agreement, or
with any of the rules, regulations or provisions referred to herein; and the County
may declare the Subrecipient ineligible for any further participation in Contra
Costa County agreements, in addition to other remedies as provided by law.
1. Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
J. Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a
written administrative amendment executed by the Subrecipient and the
head of the County Department for which this Agreement is made or his
designee, subject to any required State of Federal (United States) approval,
provided that such administrative amendments may not materially change
the Payment Provisions or the Project Work Program.
K. Extension of Term for Performance. Without requiring Subrecipient to
provide consideration in addition to that supporting this Agreement, the
County of Contra Costa, through its Community Development Director,
may grant Subrecipient an extension of time for performance, beyond that
time specified above under "Term" (Paragraph 3). Any such extension
must be in writing and shall be at the sole discretion of the County.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions," as applicable; [and if the Subrecipient is a
governmental or quasi-governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,"] for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and satisfactory to County staff, and that are
pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110; and
g. Other records necessary to document compliance with Subpart K
of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to services performed and
expenditures incurred under this agreement for a period of three (3) years after the
termination of all activities funded under this agreement, or after the resolution of
all Federal audit findings, whichever occurs later. Records for non-expendable
property acquired with funds under this agreement shall be retained for three (3)
years after final disposition of such property. Records for any displaced person
must be kept for three (3) years after he/she has received final payment.
3. Client Data
The Subrecipient 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 Contra Costa
County monitors or their designees for review upon their request.
4. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold with the grant monies. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this agreement meet one or more
of the CDBG Program's national objectives - (1) benefit low/moderate income
persons; (2) aid in the prevention or elimination of slums or blight; (3) meet
community development needs having a particular urgency - as defined in 24 CFR
Part 570.208.
6. Close-Outs
Subrecipient obligation to the County 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
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the County), and determining the
custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the County, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the
County or grantor agency deems necessary, to audit, examine, and make excepts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient.
Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current County policy concerning subrecipient
audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed agreement budget of a form and content
prescribed by the County for approval by the County. The County and the
Subrecipient may agree to revise the budget from time to time in accordance with
existing County policies.
2. Program Income
The Subrecipient shall report monthly 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 Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the agreement period 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 unused
program income shall be returned to the County at the end of the agreement
period, unless specific written amendments are made between the County and the
Subrecipient. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to the County.
3. Indirect Costs
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate County share of administrative
costs and shall submit such plan to the County for approval.
4. Payment Procedures
The County will pay to the Subrecipient funds available under this agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and County policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the subrecipient, and not to exceed actual cash requirements. Payments will
be adjusted by the County in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the County reserves the
right to liquidate funds available under this agreement for costs incurred by the
County on behalf of the Subrecipient.
5. Progress Reports
The Subrecipient shall submit regular Progress Reports to the County in the form,
content and frequency as required by the County.
D. Procurement
1. Compliance
The Subrecipient shall comply with current County policy concerning the purchase
of equipment and shall maintain an inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this agreement.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain prior written approval from the County for any
travel outside the 9 - county San Francisco Bay Area with funds provided under
this agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, nonprofit organizations and farms occurring
as a direct result of any acquisition or rehabilitation of real property utilizing grant
funds. The Subrecipient agrees to comply with applicable county Ordinances,
Resolutions, and Policies concerning displacement of individuals from their
residences.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 109
of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
3. Confidentiality
Subrecipient agrees to comply and to require his employees to comply with all
applicable State and Federal statutes or regulations respecting confidentiality,
including but not limited to, the identify of recipients, their records, or services
provided them, and assures that:
All applications and records concerning any individual made or kept by
Subrecipient or any public officer or agency in connection with the administration
of or relating to services provided under this Agreement will be confidential, to
the extent,permitted by law, and will not be open to examination for any purpose
not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons- receiving services, except as may be required in the
administration of such service. Subrecipient agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of misdemeanor.
4. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this agreement, the Subrecipient 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 of occupancy of such
land, or in any improvements erected or to be.erected thereon, providing that the
County and the United States: are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, 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.
4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The County shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
County's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965.
2. WBE/MBE
The Subrecipient will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this agreement. As used in this agreement, the term "minority and
women owned business enterprise" means a business at least fifty-one (5 1)percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
Native American. The Subrecipient shall use the County's determination
regarding their status as minority and female business enterprises.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the County, HUD or its agent, or other authorized federal
officials for purposes.of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII 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 sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activities
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian,
or religious activities; lobbying, political patronage, or nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants' health
or safety.
3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Agreement Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback"
Act (40 U.S.C. 276, 327-333) 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 Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage requirements of this part.
Such documentation shall be made available to the County for review upon
request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all subrecipients engaged under contracts in excess of $2,000.00
for construction, renovation or repair of any building or work financed in whole
or in part with assistance provided under this agreement, shall comply with federal
requirements adopted by the County pertaining to such agreements and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be inserted in full,
in all such agreements subject to, such regulations, provisions meeting the
requirements of this paragraph, for such agreements in excess of $2,000.00.
5. "Section 3" Clauses
a. Compliance
Compliance with the provisions of Section 3, 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 the County, the Subrecipient and any sub-
Subrecipients. Failure to fulfill these requirements shall subject the County, the
Subrecipient and any sub-Subrecipients, their successors and assigns, to those
sanctions specified by the agreement through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
agreement:
"The work to be performed under this agreement is a project assisted under
a program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and
agreements for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons
residing in, the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other agreement
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.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the sub-
Subrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any sub-Subrecipient where it has notice
or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the sub-Subrecipient has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County under this
agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the County.
2. Hatch Act
The Subrecipient 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 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient further covenants that in the performance of this
agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement.program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this agreement without the written consent of the
County prior to the execution of such agreement.
b. Monitoring
The Subrecipient 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.
C. Content
The Subrecipient shall cause all of the provisions of this agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the County along
with documentation concerning the selection process.
5. Copyright
h If this agreement results in any copyrightable material, the County agency reserves
the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use and to authorize others to use, the work for government
purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of
a religious organization in accordance with the federal regulations specified in 24
CFR 570.2000).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, etc., as
amended 1318 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR,
Part 50, as amended.
National Environmental Policy Act of 1969.
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this agreement, as it may
apply to the provisions of this agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation or 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, and in
particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted
housing and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
D. Historic Preservation
The Subrecipient 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.
X. OTHER PROVISIONS
1. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981,
and amendments relating thereto, if any, no other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
2. Retained Powers. All powers not explicitly invested in the Contractor remain in
the County.
3. Disputes. Disagreements between the County and Subrecipient concerning the
meaning, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable pro-
cedures (if any) required by the Federal Government.
4. Law Governing Agreement.- This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the laws of the State of
California.
5. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term
hereof, this Agreement is subject to modification to assure conformance with such
Federal or State requirements.
6. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Subrecipienfs performance or any part thereof complies
with the requirements of this Agreement, or acceptance of the whole or any part
of said performance, or payments therefore, or any combination of these acts, shall
not relieve the Subrecipient's obligation to fulfill this Agreement as prescribed;
nor shall the County be thereby stopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and
conditions thereof.
7. Available Copies. Copies of the County's Project documents (as specified in
Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall
be available at all times for inspection by the Subrecipient during regular business
hours at the Offices of the Community Development Department, Martinez,
California.
8. Original Agreement. The original copy of this Agreement and of any modification
thereto is that copy filed in the. Community Development Department of Contra
Costa County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written
above.
COUNTY OF CONTRA COSTA, CALIFORNIA Subrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization)
ATTEST: Phil Batchelor, County Clerk
of the Board of Supervisors
and County Administrator
By:
(Designate Official Capacity in Organization)
Note to Subrecipient:
(1) If a public agency, designate official
capacity in public agency and attach a
certified copy of the governing body
resolution authorizing execution of this
agreement.
Form Approved: County Counsel (2) All others: execute acknowledgement
from above, and if a corporation, designate
official capacity in business, execute
acknowledgement form and affix
C:GENCONN.SHL
corporation seal.