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HomeMy WebLinkAboutMINUTES - 04201993 - 1.72 Contra :j Costa TO: BOARD OF SUPERVISORS r FROM: Harvey E. Bragdon County Director of Community Development DATE: April 20, 1993 SUBJECT: Approval of Community Development Block Grant (CDBG) Program Agreement, 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 a CDBG Program Project Agreement with Rubicon Programs, implementing the Building Bridges project with a spending limit of $60,000 between during the period beginning April 1, 1993 and ending March 31, 1994 . FISCAL IMPACT NONE ( 100% HUD FUNDS) BACKGROUND/REASONS FOR RECOMMENDATIONS This is a continuation project that provide partial funding of operating costs for Rubicon' s overall economic development strategy which creates job within businesses owned and operated by Rubicon and in neighboring West County communities for the homeless and disabled population. n CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF .COUNTY ADMINISTRATOR RECO ATION OF BOARD CO ITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 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 ATTESTEDQ 3 CAO PHIL BAT LOR, CL R OF Auditor (Nona Garnett) THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Contractor BY '�'� DEPUTY LJ6:19 16.bas fjr I KFIP*t 19-16 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: I. SCOPE OF SERVICE A. Activities The Subrecipient will be responsible for administering a CDBG Year [19] Building Bridges 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 Rubicon is responsible for recruitment, employment and placement of disadvantaged workers in area businesses and in Rubicon's own landscaping, janitorial and catering businesses in West County. Employees and employers receive services from the Employment Resource Specialist(ERS), The Job Placement Coordinator, and the Job Developer. The ERS provides technical assistance to area businesses to facilitate the hiring of homeless and disabled clients. The Job Placement Coordinator works with the clients and the Job Developer works with both the client and employer. This program was started in 1992/93 with CDBG funding. 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 approximately 320 clients (154 non-Richmond) will be enrolled in the Vocational program. 160 will be placed in employment and 115 (77%) will be retained in their jobs for at least 13 weeks. 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 • 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 $60,000. 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 Hurst Community Development Department Rubicon 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. 0 0 C:CDBGCONT.SHL I 41 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. I 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. ADM NISTRATIVE 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. Proverty Records The Subrecipient shall maintainreal 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 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 fi-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. 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 E/MB 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 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 policeJobs,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-Rinds under the CDBG Entitlement program. e 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. Covvd-ght 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 hzzards 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.