HomeMy WebLinkAboutMINUTES - 04061993 - 1.34 r r V
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TO: BOARD OF SUPERVISORS Costa
FROM: Harvey E. Bragdon •, �,,,;� Cour-_y
Director of Community Development
DATE: April 6 , 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 :
Activity No. Contractor Payment limit
19-3 Contra Costa County Housing Authority $200,000
19-4 City of Pittsburg $180,000
19-9 City of San Pablo $180,000
19-11 Contra Costa Legal Services Foundation. $ 22,500
19-12 SHELTER, Inc. $ 22,500
19-13 Pacific Community Services Inc. , Fair Housing $ 10,000
19-34 Cambridge Community Center $ 10,000
19-35 East Bay Center for the Performing Arts $ 18,000
(cont. )
FISCAL IMPACT
None ( 100% HUD Funds)
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Community Development Block Grant is Federall funded at cost
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOATION OFl BOARD CO TTEE
APPROVE OTHER
7..
S I GNATURE (S)
_ ACTION OF BOARD ON APPROVED AS RECOMMENDED > OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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 4 / /
cc: Community Development ATTESTED (�
CAO PHIL BATCHEIJOR, CLERK OF
Auditor (Nona) THE BOARD OF SUPERVISORS
County Counsel AND COUN Y ADMINISTRATOR
Contractor
BY , DEPUTY
LJ6/cdbeccn.bos
Activity No. Contractor Payment limit
19-36 Rape Crisis Center Sexual Assault Prevention $ 25, 000
19-39 Hospice of East County $ 20, 000
19-40 SHELTER Inc. $ 80,000
19-41 Contra Costa Legal Services Foundation $ 20,000
19-43 Brentwood Preschool $ 25,000
19-45 Center for New Americans $ 45,000
19-46 Greater Richmond Interfaith Program $ 10, 000
19-47 Family Stress Center CPEP $ 14 ,700
19-48 Family Stress Center CAP $ 25,000
19-52 Battered Women' s Alternatives $ 25, 000
19-54 Pleasant Hill Recreation & Park District $ 15,000
19-56 Pacific Community Services Inc. , $ 10, 000
19-58 Neighborhood House of North Richmond $ 47,000
.19-60 Pacific Community Services, Inc. , Loan Fund $ 30,000
BACKGROUND/REASONS FOR RECOMMENDATIONS (cont. )
to the County. The agreements contained in this Board Order are
all continuation contracts of projects funded in the prior Program
Year.
19 -3 Contra Costa Housing Authority,- Rental Housing
Rehabilitation Program
This program provides leveraged low interest and deferred
rehabilitation loans to owners of rental properties which are
available at affordable rents throughout the County. Program
income should provide an additional $15,000 in resources .
19 -4 City of Pittsburg, Housing Rehabilitation Program
This program provides low-interest deferred loans for the
rehabilitation of homeowner and rental housing units for low-
moderate income households in the target `area bounded by E. 8th
street to E. 10th street and Harbor street to Cumberland street in
Pittsburg. Additional resources include City Redevelopment Agency
funds and an estimated $175, 000 in program income.
19 -9 City of San Pablo, Housing rehabilitation Program
This program provides low-interest and deferred loans for
rehabilitation of owner-occupied and rental housing for low-
moderate income households .
19 -11 Contra Costa Legal Services Foundation
This program provides legal service to Contra Costa County
residents experiencing fair housing and housing discrimination
problems . f,
19 -12 SHELTER Inc. Fair Housing
This program provides fair housing services to the residents of
Contra Costa County, specifically. Supervisorial Districts I-IV.
19 -13 Pacific Community Services Inc.
This program provides fair housing services to the residents of
Contra Costa County, specifically Supervisorial District V.
19 -34 'Cambridge Community Center
This project assists with operating funds for the Cambridge
Community Center which meets emergency needs and assists homeless
.clients to prepare emergency housing grant applications .
19 -35 East Bay Center for the Performing Arts
This project funds the continuation of an arts outreach program at
Verde School in North Richmond. The project offers arts training
and activities to low-income children.
19 -36 Rape Crisis Center, Rape Crisis Intervention
The project funds continuation of. assistance in the operation of
the Rape Crisis Center to provide supportive services to rape
victims and provide rape education and prevention programs in West,
South and Central County.
19 -39 Hospice of East County
This continuation project partially funds the services of aides and
other medical personnel to. provide hospice services to terminally
ill patients in East County.
19 -40 SHELTER. Inc. Emergency Housing / Homeless Services
This project will allow the continuation of housing counseling and
homeless referrals to County residents, primarily located in
Supervisorial Districts I-IV.
19 -41 Contra Costa Legal Services Foundation, Housing and
Homeless Assistance Project
This program provides legal fees and operating funds for the
provision of supportive legal services to low-income households who
experience housing and homeless problems throughout the County.
19 -43 Brentwood Preschool
This project supports the staffing at Brentwood preschool which
serves low-income children in East County.
19 -45 Center for New Americans
This project provides operating funds for a program which assists
immigrants in coping with the problems of assimilating into the
American culture. $30,000 of these funds are available for
services throughout the County; $15,000 are designated to assist
the North Richmond Laotian community.
19 -46 Greater Richmond Interfaith Program
This project provides operating funds for an adult day care center
for the frail elderly population of West county.
19 -47 Family Stress Center, Child Parent Enrichment Program
This project provides in-home services to pregnant women and
families with young . children who are at high risk of child abuse
and neglect in East an Central County
19 -48 Family Stress Center, Child Assault Prevention Program
This project continues to support operating costs of a school
outreach program which educates children on child assault and abuse
issues and works with identified victims and their families in East
County and Central County.
19 -52 Battered Women' s Alternatives
This project funds operating costs of a program which teaches out
into the schools to work with teens on violence issues . The
program educates youth on sexual violence issues, including date-
rape, and teaches appropriate alternative behavior models .
19 -54 Senior Service Network
Funding for this project continues . a model program which provides
supportive services to low-income elderly residents from throughout
the County.
19 -56 Pacific Community Services Inc. , Comprehensive Housing
Counseling Services.
This project is a continuation of Housing Counseling Services to
low-income residents of the County, primarily in Supervisorial
District V.
19 -58 Neighborhood House of North Richmond
This project is a continuation of the Senior Citizens Program for
elderly residents of North Richmond.
19 -60 Pacific Community Services Inc. , Revolving Loan Fund
This continuing program provides for the marketing and packaging of
loans to small businesses in the County. Loans are packaged for
submission to the Small Business Administration. The project also
funds Direct loans to start-ups and on-going businesses .
—--- --— — 194
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the City of Pittsburg (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 [191 Housing
Rehabilitation 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 purpose of the Housing Rehabilitation Program operated by the City of Pittsburg
and funded in part by the Community Development Block Grant Program is to maintain
and improve the supply of rental and owner-occupied housing affordable to and
occupied by low and moderate income households in the City of Pittsburg. Low and
moderate income households are defined as households with incomes less than or equal
to 80 percent of area median income as determined by the U.S. Department of Housing
and Urban Development.
Beginning with the FY 1993-94 program year, the City of Pittsburg is focusing on the
additional objective of neighborhood revitalization in an existing low-income
neighborhood. Specifically, CDBG loans will be targeted to homeowners and rental
properties located in the area bounded by East 8th Street on the north, 10th Street on
the south, Harbor Street on the east, and Cumberland Street on the west. Using CDBG
funds, the City will provide low-interest deferred housing rehabilitation loans to low
and moderate income homeowners and owners of rental property affordable to and
occupied by the target population. The latter will include rent restrictions to ensure that
the units remain affordable for a minimum of ten years. In addition to the
rehabilitation loans, the City will undertake a variety of public improvements in the
target area, including the removal of railroad tracks from 8th Street, street
improvements, curb and gutter, and water and sewer improvements. It is anticipated
that full revitalization of this area will require a multi-year effort.
In implementing the Rehabilitation Program, the City will provide the following
services: package and process loan applications; provide technical assistance to
property owners throughout the loan, contracting and construction process; and perform
inspections and monitor construction to ensure compliance with federal regulations and
building code requirements.
General Administration
Project oversight and direction will be provided by the Project Manager and
administrative support will be provided by the City's administrative staff.
r r
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient anticipates that approximately 20 units will be rehabilitated through
CDBG-funded Rental Rehabilitation Program loans during FY 1993-94.
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 $180,000. 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 Lillian Pride
Community Development Department Assistant City Manager, City of Pittsburg
651 Pine Street, 4th Floor, North Wing P.O. Box 1518
Martinez, CA 94553 Pittsburg, CA 94565
(510) 646-4208 (510) 439-4850
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.
L16:19-4AGR
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 A410; 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.
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.
c
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-Sub'recipient 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
famished 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 Subrecipie*nt 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.
s
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 1.14
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
CGENCONKSHL
corporation seal.
I %
19-3
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and 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] Rental
Housing Rehabilitation Prog am 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 purpose of the Rental Rehabilitation Program operated by the Housing Authority of
Contra Costa County (HACCC) and funded in part by the Community Development
Block Grant Program is to maintain and improve the supply of rental housing
affordable to low and moderate income households in Contra Costa. Specifically,
CDBG funds will be used by the Housing Authority to provide low and zero-interest
loans to property owners for purposes of rehabilitating rental units affordable to
households earning 80 percent or less of area median income as defined by HUD for
the Oakland PMSA. Loans made with CDBG funds will include rent restrictions to
ensure the continued affordability of the units. A maximum of 25 percent of CDBG
funds may also be used for Rental Rehabilitation Program delivery costs, including
administration, marketing, and operations.
Services provided by HACCC staff in the Rehabilitation Loan Program will include,
but are not necessarily limited to the following: program marketing; technical
assistance to property owners in assessing rehabilitation work required to meet Federal
Housing Quality Standards; financial analysis to determine project feasibility and terms
of loan package; and evaluation of rehabilitation contracts, work performed, and
occupancy of assisted units to ensure compliance with federal regulations and County
requirements.
CDBG loans will be available throughout the Urban County, including all of Contra
Costa with the exception of Antioch, Concord, Richmond, and Walnut Creek.
General Administration
Project oversight and direction will be provided by the Project Manager and
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 anticipates that approximately 30 rental units will be improved through
Rental Rehabilitation Program loans made during FY 1992-93, including 10 assisted
with CDBG resources.
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
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.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $200,000. 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 Jay Daley
Community Development Department Housing Authority of Contra Costa County
651 Pine Street, 4th Floor, North Wing P.O. Box 2759
Martinez, CA 94553 Martinez, CA 94553
(510) 646-4208 (510) 372-7391
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.
LJ6:19-3.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.
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. 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 1retain 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 therequirements 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 actioni 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.
e
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, Part58).
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
n
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.
D
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.
19-11
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Contra Costa County Legal Services (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] Housing and
Homeless Assistance Proiect 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 legal assistance to eligible County residents relative to
fair housing issues; advise and train other fair housing agencies in the County, and
attorney services to low-income County clients. Court representation will be provided
in more serious cases requiring attorney representation.
General Administration
Project oversight and direction will be provided by the Executive Director and
administrative support will be provided by the CCC Legal Services Foundation
administrative staff. Legal services will be provided by the Subrecipient's staff
attorneys.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide monthly training sessions to other Fair Housing agencies
in the County; direct services to clients, telephone support to other counselors, and
court time as needed.
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
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.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $22,500. 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 Phil Bertenthal
Community Development Department CCC Legal Services Foundation
651 Pine Street, 4th Floor, North Wing 1017 McDonald Avenue
Martinez, CA 94553 Richmond, CA 94802
(510) 646-4208 (510) 233-9954
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 19-1 LAGR
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 Subrecipienfs 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. ADNCMSTRATIVE 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 duringi 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.
t;
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.
0
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 570.2006).
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'agreemeht 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
a 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.
' L
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.
19-12
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and SHELTER, 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] Fair Housing
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 assistance to eligible County residents relative to fair
housing assistance. Subrecipient will conduct education and outreach activities in the
County. Cases of discrimination will be investigated and handled in West and Central
County. Subrecipient will conduct proactive testing services in identified areas; will
promote participation of County Board of Realtors, Rental Housing Association
meetings, and coordination with city and county staff and fair housing groups.
General Administration
Project oversight and direction will be provided by the Program Director and
administrative support will be provided by 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 monthly training sessions to Housing Provider groups in
the County; direct services to clients; telephone support to other clients; and proactive
testing in identified areas in West and Central County.
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 a
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 $22,500. 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 Jennifer Baha
Community Development Department SHELTER, INC.
651 Pine Street, 4th Floor, North Wing 1070 Concord Ave.
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 827-3598
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part570 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 : 19-12.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.
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. 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.
e
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 24CFR 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. G
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 propertyutilizing 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. WBEIMBE
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 toroyalty-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.
0
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 Subrecipien
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
CGENCONKSHL
corporation seal.
1 -
19-13
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called,the "County") and Pacific Community Services, 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 [ 191 A Fair
Housing Services Prop-ram 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 assistance to eligible County residents relative to fair
housing assistance. Subrecipient will conduct education and outreach activities in the
County. Cases of discrimination will be investigated and handled in East County.
Subrecipient will conduct proactive testing services in identified areas; will promote
participation of County Board of Realtors, Rental Housing Association meetings, and
coordination with city and county staff and fair housing groups.
General Administration
Project oversight and direction will be provided by the Program Director and
administrative support will be provided by 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 monthly training sessions to Housing Provider groups in
the County; direct services to clients; telephone support to other clients; and proactive
testing in identified areas in West and Central County.
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 $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 County Subrecipient
Lawrence P. Jones Rosemary Tumbaga
Community Development Department PCSI, Inc.
651 Pine Street, 4th Floor, North Wing P.O. Box 1397
Martinez, CA 94553 Pittsburg, CA 94565
(510) 646-4208 (510) 439-1056
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.
LJ6/19-13.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
o 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. NationalObiectives'
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. o
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.(51) 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
ules,_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 fobs, 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, 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
C:GENCONN.SHL acknowledgement form and affix
corporation seal.
5
19-34
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT-PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Cambridge Community 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] Homeless
Assistance Proiect 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 homeless assistance program, by proving information
and referral and assisting homeless individuals and families with housing and loan
applications, and transportation to various Social Service agencies.
Services will available at the Cambridge Community Center, 1135 Lacey Lane,
Concord California, and be available to all homeless individuals of the Urban County.
The services will be provided through a combination of trained volunteers and paid
staff.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Cambridge Community Center'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 assistance to 1600 individuals each quarter.
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.
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 County Subrecipient
Lawrence P. Jones Mary Lou Labscher
Community Development Department Executive Director
651 Pine Street 4th Floor North Wing 1135 Lacey Lane
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 798-1078
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.
LJ6/19-34.AGR
HOMELESS ASSISTANCE PROJECT BUDGET Attachment F
April 1993 / March 1994
Revenues Cash Match
Community Development Block- Grant $10, 000
Center Match
Clothing Exchange Proceeds $ 1, 500
Emergency Food $ 1, 500
Volunteer Time
10 x $5/hrs x 50 weeks $10 ,000
Community Match
Sanwa Bank $ 2, 000
$10 ,000 $15, 000
TOTAL PROJECT SUPPORT $25,000
Expenses C.D.B.G. Match
Project Director
50 x 4 hrs x $20/hr $ 4,000
Fringe $ 600
Administrative Support $ 3,500
Bilingual Staff Support $ 2,000
Volunteer Staff $10,000
Emergency Food
$ 1,500
Emergency Clothing $ 1,500
Volunteer Training $ 200
Postage $ 300
Supplies & Equipment $ 400
Milage for volunteers $ 200
Transportation Vouchers $ :750
Misc. $ 50
$10,000 $15,000
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.
0
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
ti .r:r
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 Fundiniz. 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 shallpost 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 1.
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 disabilityexists
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 570.2006).
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 thesymptoms, 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 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
CGENCONNSHL
corporation seal.
19-35
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and East Bay Center for the Perforrning Arts (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] After School
Outreach 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 the After School Performing Arts Enrichment, Education
and Training Program for school children from low income families. The classes will
be held at Verde School, in North Richmond; and at Downer and Bayview Schools in
San Pablo. Classes will be taught by instructors retained by the Subrecipient as
consultants.
General Administration
The program includes oversight and support from the Administrative Director, Artistic/
Executive Director, Development Officer, Administrative Assistant and Bookkeeper.
B. Levels of Accomplishment V
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide classes for 400 students, in three 10 week sessions
between September 1993 and June 1994, (concurrent with the school year).
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.
U. 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 $18,000. 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 Carla Inniss
Community Development Department 339 11th Street
651 Pine Street, 4th Floor, North Wing Richmond, CA 94801
Martinez, CA 94553 (510) 234-5624
(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.
LJ6:19-35.agr
K-.
Attachment F
East Bay Center for the Performing Arts
Downer School
Budget for Strengthening Program, 1993-94
(Based on actual figures for 1991/92)
REVENUES
Earned Income $ 2,800.00
Contributed Income 14,650.00
TOTAL $17,450.00
EXPENSES
Teachers' Salaries $ 7,200.00
+Portion of Program Director's .Salary 3,500.00
Recital Honorarium for teachers 200.00
Printing 550.00
Scholarships 3,500.00
Insurance 200.00
Supplies, repairs, costumes, etc. 600.00
*Administrative Overhead 1,700.00
TOTAL $17,450.00 _
+ this percentage varies depending on the size of the program (number of
classes, number of students, etc. ) at each school
* includes a percentage of the combined salaries for the Administrative
Director, Artistic/ Executive Director, Development Officer, Administrative
Assistant and Bookkeeper plus a portion of the telephone, transportation and
class recital expenses allocated to the Richmond After School Program.
`T
Attachment F
East Bay Center for the Performing Arts
Bayview School
Budget for Strengthening Program, 1993-94
(Based on actual figures for 1991/92)
REVENUES
Earned Income $ 1,800.00
Contributed Income 7,185.00
TOTAL $ 8,985.00
EXPENSES
Teachers' Salaries $ 3,860.00
+Portion of Program Director's Salary 1,300.00
On-site Coordinators 300.00
Recital Honorarium for teachers 200.00
Printing 375.00
Scholarships 1,500.00
Insurance 200.00
Supplies, repairs, costumes, etc. 400.00
*Administrative Overhead 850.00
TOTAL $ 8,985.00
+ this percentage varies depending on the size of the program (number of
classes, number of students, etc. ) at each school
* includes a percentage of the combined salaries for the Administrative
Director, Artistic/ Executive Director,. Development Officer, Administrative
Assistant and Bookkeeper plus a portion of the telephone, transportation and
class recital expenses allocated to the Richmond After School Program.
Attachment F
East Bay Center for the Performing Arts
Verde School
Budget for Strengthening Program, 1993-94
REVENUES
Earned Income (per year) $ 300.00
(we expect most of the enrolled
students to be on full scholarship)
Contributed Income 9,770.00
TOTAL $10,070.00
EXPENSES
Teachers' Salaries . $ 3,870.00
+Portion of Program Director's Salary 2,500.00
Recital Honorarium for teachers 200.00
Printing 250.00
Scholarships 1,000.00
Insurance 200.00
Supplies, repairs, costumes, etc. 300.00
Video Class/Editing at Studio 250.00
*Administrative Overhead 1,500.00
TOTAL $10,070.00
+ this percentage varies depending on the size of the program (number of
classes, number of students, etc. ) at each school
* includes a percentage of the combined salaries for the Administrative
Director, Artistic/ Executive Director, Development Officer, Administrative
Assistant and Bookkeeper plus a portion of the telephone, transportation and
class recital expenses allocated to the Richmond After School Program.
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. ADNfMSTRATIVE 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.
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 570.2006).
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, 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.
19-36
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered this 7th 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] Sexual
Assault / Prevention 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 Rape Crisis Center will provide intervention services to primarily low-income
sexually assaulted women and children. The Rape Crisis Center will make every effort
to document the income of the clients served on intake sheets whenever possible. The
clientele served by the Rape Crisis Center will be from throughout Contra Costa
County less residents of Concord, Richmond, Walnut Creek, and Antioch.
General Administration
Project oversight and direction will be provided by the Executive Director, Associate
Director, Direct Services Coordinator, Crisis Intervention Manager, Prevention
Manager, and Program Assistant. Administrative support will be provided by the Data
Entry Operator, the Fiscal Manager and other members of the Rape Crisis Center'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: Crisis intervention to 255 new sexual assault victims,
Follow Up to 90 sexual assault victims, In-Person Counseling to 90 sexual assault
victims, Accompaniment to 60 sexual assault victims, In-Person Advocacy to 60
victims, Information and Referral to 400 people, Girls Assertiveness Training to 50
Jr/Sr High Girls, Self Defense Training to 30 Women.
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 $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 J. Sandoval
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.
LJ6C:19-36.AGR
ATTACHMENT F
SEXUAL ASSAULT PREVENTION AND INTERVENTION
Proposed Budget
CDBG - CCC FY93-94
Income
Office of Criminal Justice Planning - East . . . . . . . $ 36,377
Office of Criminal Justice Planning - West/Central . . . 42, 113
CCCCDBG . . . . . . . . . . . . . . . . . . . . . . . . 35,000
CCCPACT . . . . . . . . . . . . . . . . . . . . . . 8,500
United Way . . . . . . . . . . . . . . . . . . . . . 10,000
Soroptomists International . . . . . . . . . . . . . . 1,000
Donations . . . . . . . . . . . . . . . . . . . . . . . . 5 ,650
TOTAL INCOME $138,648
Expenses Project CCC
Total Match CDBG Funds
SALARIES
Executive Director $ 16,775 $ 13,725 $ 3,050
Associate Director 13,856 11,337 2,519
Fiscal Manager 8,086 61605 1,481
Data Entry Operator 61917 5,764 10, 153
Director Service Coordinator 13,891 4,630 9,261
Crisis Intervention Manager 12,250 4,083 8, 167
Prevention Manager 8,206 41924 3,282
Program Assistant 9 ,369 3 ,282 6 ,087
TOTAL SALARIES $ 89,350 $ 54,350 $35,000
BENEFITS
SUI ( .04 x gross to 7,000) $ 2,863 $ 2,863 ---
FICA ( .075 x gross) 5,368 5,368 ---
Medical/Dental ($140/mo) 5,880 5,880 ---
Workers Compensation 1 ,830 1 ,830 ---
TOTAL BENEFIT $ 15,941 $ 15,941 ---
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 represeritative 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 Countynand 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
f
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
i 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
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
CGENCONKSHL
corporation seal.
19-39
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Hospice of East County, 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] Hospice of
East County 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 Hospice services for terminally ill patients in East Contra
Costa County.- The services will be provided by Registered Nurses, Nurses' Aides, and
a Social Worker retained by the Subrecipient as consultants.
General Administration
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to maintain a cases load of 20 - 30 patients throughout the length
of this contracting period. The actual number of cases working will vary due to the
dynamics of managing terminally ill patients.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide hospice care and grief counseling services to low income
residents of East Contra Costa County.
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.
R. 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 $20,000. 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 Peggy Nichols
Community Development Department Hospice of East County
651 Pine Street, 4th Floor, North Wing P.O. Box 342
Martinez, CA 94553 Antioch, CA 94509
(510) 646-4208 (510) 439-4115
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 19-39.AGR
ATTACHMENT F:
HOSPICE OF EAST COUNTY
Month Year
INCOME:
Office $ 2,000 (In Kind) $ 24,000
EXPENSES:
2 Registered Nurses
$17/hr (16 hours/week 2,176 26,112
3 Aides
$10/hr (8 hours/week) 960 11,520
Social Worker
$35/hr (10 additional hrs/mo) 350 4,200
Chaplain
$100 stipend (20 hrs/mo) 100 1,200
TOTAL $ 3,586 $ 43,032 .
These requested additions are all members of the Interdisciplinary Team
and directly involved with patient care.
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 suchamendments 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 fiurther 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. n
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. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-114
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:
e
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.
e
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 1 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
e
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 "minorityand
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
P
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 GrantorAgency. 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. o
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
CGENCONKSHL
corporation seal.
19-40
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and SHELTER, 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. i Activities
The Subrecipient will be responsible for administering a CDBG Year [ 19 ] Emergency
Housing/Homeless Services 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 housing counseling and homeless assistance to eligible
County residents, including information and referral, landlord/tenant issues, housing
loan fund operation, rental assistance and default and delinquency cases.
General Administration
Project oversight and direction will be provided by the Program Director and
administrative support will be provided by 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 services as follows: 100 Persons Shelter Program; 8,000
Information & Referrals; 750 Households Landlord/Tenant Cases; 90 Households
Homeowner Assistance; 2,000 Households Rental Assistance; 655 Persons Shared
Housing.
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.
IlI. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $80,000. 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 Jennifer Baha
Community Development Department SHELTER, INC
651 Pine Street, 4th Floor, North Wing 1070 Concord Avenue
Martinez, CA 94553 Concord, CA 94520
(510) 6464208 (510) 827-3598
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.
LJ6:19-40.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 theproject, 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 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 (PI. 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 swill 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, director indirect, which would
conflict in any manner or degree with the performance of services required under
this agreement. The Subrecipient fiuther 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, 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.
r
19-41
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Contra Costa County Legal Services (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] Fair Housing
Project 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 legal assistance to eligible County residents relative to
fair housing issues; advise and train other fair housing agencies in the County, and
attorney services to low-income County clients. Court representation will be provided
in more serious cases requiring attorney representation.
General Administration
Project oversight and direction' will be provided by the Executive Director and
administrative support will be provided by the CCC Legal Services Foundation
administrative staff. Legal services will be provided by the Subrecipient's staff
attorneys.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide monthly training sessions to other Fair Housing agencies
in the County; direct services to clients, telephone support to other counselors, and
court time as needed.
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.
in. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $20,000. 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 Phil Betenthal
Community Development Department CCC Legal Services Foundation
651 Pine Street, 4th Floor, North Wing 1017 McDonald Avenue
Martinez, CA 94553 Richmond, CA 94802
(510) 646-4208 (510) 233-9954
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.
LJ6:19-41.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.
e
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 pian 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 pemlitted 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 itis 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 570.2006).
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, 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 mi
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 assureconformance 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.
� r
19-43
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Liberty Child Care, 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] The
Brentwood Preschool 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 pre-school for low income children in East County at
743 3rd Street, Brentwood California. The Community Development Block Grant will
provide funding for an additional 12-16 additional low income and/or bilingual children
to attend the pre-school.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Brentwood Preschool'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 preschool services for 176 days, (concurrent with the
school year, September to June).
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.
S
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 $20,000. 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 Kathy Pardee
Community Development Department Liberty Child Care Inc.
651 Pine Street, 4th Floor, North Wing P.O. Box 762
Martinez, CA 94553 Brentwood, CA 94513
(510) 646-4208 (510) 634-2022
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.
LJ6:1943.AGR
LIBERTY CHILD CARE, -INC. - P.O. -BOX 762 --BRENTWC)RD, -SCA. 94513 - FY: 91/92
F'REENTWOOI? PRESCHOOL
-------------------
REVE.NUEES: Children Cost Days Yc=.sr l S'
1 a.PRESi=H OL (SDE)—— — 34 11 . 74 176 _. — — — — — _.- -- — 7022G
1 b.PRESC=HOO(_ (CCC)— — 16 11 . 74 176 — — -- — -- --• -- -.. 33-
._. C:C:FP Z FED i _ — — — 49 2. 25 176 — — _ _ __ _- — -_ __ 19404
04
TOTAL REVENUES: - - - - _ _. _. _. _ _ _ _ _. _ _ _ _ _ -- _ 1226•:2
EXPENSES: Yearly
1. ADMINISTRATIVE SALARIES_ - -- - _ - - ._ _ _ T _ _ ._ _._ __ 1344 2. TEACHERS' SALAR I E.� 331 ;`;
3. AIDES' SALA I FEES- - - - - - - - - - - - - -- __ __ - _. - __ __ _. - 19405
4. FRINGE BENEFITS- _ _. _ _ _-. __ _ _ _ _ _ _ _ _ _ _ _ _ -- _ --. 10522
5. F'GRM SUPPLIES- - - - - -- - - - -- - .- - - - .-- - - -- - - -- -- - 2350
6. FOOD SUPPLIES- - - - - - _ _ - - - - - - - - - - - - - - - 19404
7. UTILITIES- - - - - - - - - - _ _ _ _ _ _ __ _ _ _ _ _ _ - _ 3 500
S. JANITORIAL - - - - - - -. - - - - - - - - - - - - - - - - - - 2047
9. LIABILITY- -- - - -- -- -- -- - - - - -- -- -- - -- - - - - -- -- -- 3000
i i0
10. TRANSF=ORTAT I ON — — — -- — — _. — _ — — — — — _ — _ — -_ — -_ 5000
11.0FF I GE SUPPLIES— -- -- -- — — — _ _- __ _ -_ _ __ -_ -_ — -. — -- — -_ — 950
__ ____ --.2
'1�. LEASE_ A F'F'-'F::Q X. -. _.- -... _.. ._. .._ __ _. __ ... ._. ._ _. -- -- -... _._ _.. y..•._t.:;�i
MOTHER COSTS— — — — -- -•- -- ._ __ .- _.. _. _- — — _- __ — _ — — — — -_ 2656
TOTAL COSTS: — — — — - - — — --_ _ _ _ _ __ _ .._ _ _ _ _ _ _ _ _ 122692
EXCESS/(DEFIC:IT) OF REVENUES OVER EXPENSES — — — — — — — — — 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
V1. 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
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 fu nish
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 CFR570.611 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, 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 terra
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 ar
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 Parries 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.
t
19-45
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
0
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Center for New Americans (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] New
American Support Services 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 direct services to people of all nationalities in a holistic
and integrated fashion; with specified goals of guiding the client to become a self-
sufficient, independent, integrated and contributing citizen of the United States. These
services include cross cultural counseling, information and referral, basic needs
counseling, American friends, employment development, community education, New
American Orientation Classes, English for Speakers of Other Languages classes and
volunteer development. Residents throughout Contra Costa County, (less Richmond,
Walnut Creek, Concord and Antioch) will be eligible for this program.
In addition, there will be an additional office opened for residents of North Richmond.
The location of which is yet to be determined. The same services described above will
be available to Laotians and all other immigrants who reside in North Richmond.
General Administration
Project oversight and direction will be provided by the executive director and
administrative support will be provided by the Center for New Americans'
administrative 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:
Main Program North Richmond
Cross-Cultural Counseling 48 families 24 families
Information Referral 320 individuals 200 individuals
Basic Needs 40 individuals 25 individuals
English Acquisition 20 students 20 students
American Friendship 10 families 10 families
Volunteers 20 American-born 10 American-born
10 New Americans 5 New Americans
Community Education 30 presentations 20 presentations
Orientation classes 45 clients in 3 languages 25 clients in Laotian
The North Richmond office will be in the planning stages from April 1, 1993 until July
1, 1993 with services beginning no later than July 1, 1993. Planning activities include,
but are. not limited to: the selection of an appropriate office location, and the
recruitment of a qualified cross-cultural counselor.
Residents of North Richmond will not be denied access to the services provided for
in this contract during the period beginning April 1, 1993 and July 1, 1993.
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.
i
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 $45,000. 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 Guity Kiani
Community,Development Department Center for New Americans
651 Pine Street, 4th Floor, North Wing 1135 Lacey Lane
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 798-3492
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.
LJ6:19-45.agr
Attachment F
ANNUAL BASIC BUDGET
Project A
Staff Wages Fringe Total
1. Spanish-Speaking Bilingual Counselor I, $10,838 $2,158 $13,006
half-time
2. Asian-Speaking Bilingual Counselor II, 10,838 2,168 13,006
half-time
3. Program Coordinator, half-time 9,371 1,874 11,245
4. Clerical Support, half-time 8,706 1,741 10,447
Operation
Copying and printing, postage,janitorial, office supplies,
equipment repair, miscellaneous, rent, utility, telephone,
food, insurance, mileage 2,100
Indirect Cost
Administration, audit, bookkeeping, etc 4,720
Total $ 54,524
Matched Fund 93-94 10% 15.452)
REQUESTED $49,072
o�a�a=eo
Project B
Staff Wages Frin a Total
1. Laotian-Speaking Bilingual Counselor I, $10,838 $2,168 13,006
halftime
2. Clerical Support, half-time 8,706 1,741 10,447
Operation
Copying and printing, postage,janitorial, office supplies,
equipment repair, miscellaneous, rent, utility, telephone,
food, insurance, mileage 1.500
Total $243
Matched Fund 93-94 100/0 (2495)
REQUESTED $22458
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 evidencingworkers' 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
p 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 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
0
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
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.
0
19-46
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Greater Richmond Interfaith Program (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] West County
Adult Day Care 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 day care center for functionally impaired elderly adults
suffering from dementia. The Community Development Block Grant Funding will
support 13 non-Richmond residents, out of a total of 29 program participants.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Greater Richmond Interfaith Program'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 day care services for functionally impaired elderly adults
suffering from dementia.
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.
Id 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 $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 County Subrecipient
Lawrence P. Jones Deborah Janke
Community Development Department West County Adult Day Care
651 Pine Street, 4th Floor, North Wing 2369 Barrett Avenue
Martinez, CA 94553 Richmond, CA 94804
(510). 646-4208 (510) 235-6276
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.
W6:19-46.AGR
F
West County Adult Day Care Center
Budget for Non-Richmond Residents 1993/94
EXPENSES
Personnel
Executive Director ' 14,762
FICA 1,129
Benefits 416
Assistant Director 7,537
FICA 576
Benefits 349
Contract workers 5,408
Total Personnel 30,178
Site Costs
Rent 4,476
Custodian 1,248
Telephone service 499
Utilities 749
Equipment costs 208
Total Site Costs 7,180
Program Costs
Program supplies 1,872
Staff training 104
Volunteer appreciation 354
Prntg. , ofc. supplies, postage 632
Publicity 208
Volunteers meals 333
Participant meals (1 day/week) 582
Total Program Costs 4,085
Miscellaneous
Insurance
Liability 707
Workers compensation 2,920
Wordprocessing 863
Fundraising consultant 1,664
Total Miscellaneous 6,154
Administrative Fee (GRIP) 2,505
TOTAL 50,102
INCOME
Fee income 8,800
County CDBG 10,000
Richmond Adult Education 3,679
United Way 16,800
Other cash grants and contributions 10,823
TOTAL INCOME 50,102
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 terns 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 0 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,I 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 unionor 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.
t
19-47
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Family Stress 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 Parent
Enrichment 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 in-home parenting counseling services to pregnant
women and families with young children who are at high risk of child abuse and
neglect, throughout the Urban County.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Family Stress Center'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 in-home counseling services to 30 low income families
from all parts of Contra Costa County, (less the Cities of Richmond, Anitoch, Walnut
Creek and Concord).
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 tennination
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
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.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $14,700. 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 Robert Hansen
Community Development Department 'Family Stress Center
651 Pine Street, 4th Floor, North Wing 2086 Commerce Avenue
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 827-0212
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.
LJ6:19-47.AGR
ATTACHMENT F
=AMiLi :TRE:S CEi_CER iii/ 6!,_12
V7:25. AA
CHILD FARENT ENRICHMENT FRn ERA1. CSE;
0 50NNt.: RATE ---- nRsi K. cDi6 --- HAiCr ---- TOTAL
Frooram director 6 5.25 4 3,172.00 656.0 4,030.00
Parent Aide i 110.92 "G3 i-3.060.32 13.060.3:
Parent Aide 'II $10.71 i4 1i,138.40 11.138.40
Secretarvinecpt 39.06 6 2008.00 720.00 3.025.00
Volunteer Coord. $13.50 4 21808.00 2.606.0+1
bookkeeper 114.00 2 1,450.+iii 1.450.00
TOTAL PERSONNEL: 29,0"76.72 5,642.00 35,520.-ri
FRINGE BENEFITS:
----------------
181 OF TOTAL PERSONNEL COST 5.342.17 1,051.56 o,3f's.i3
OPERATING WEHSES:
*Occupancy 388.00 386.00
Audit 300.00 300.60
Equipment Raintenance 05.+10 65.00
Orrice Suouites 300.00 31+0.00
nicai Consultant 000.00 000.00
taae 2170.00 200.00
51).00 50.00
eaucattonr7rainina ?Itls.
Telephone 100.00
Fir intinoidupiicat ing :00.00 500,(10
CoaterenceilraveiiTrainino i00.0I 100.09
Client benefits a50.+i0 050.00
Local Travei 2,006.00 2,1500.01;
insurance 6511.+10 DSV.VU
Aavertising 100.00 1100.00
Miscellaneous 10+1.00 100.0
---------- ------ ------------
iOTAL OPERATING EXPENSES: 0.00 6,703.+10 0,763.00
TOTAL EUDGET 35.00.89 13,656.50 48,377.45
t Occupancy cost has been reduced this year by moving program staff to
Lavonia Alien site in Kest Pittsburg where C-PEP uses office ana meeting
space rent-free.
i
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. ADNIMSTRATIVE 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
an
CFR 135 d 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:GENCONN.SHL
corporation seal.
19-48
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Family Stress 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 [191 Child
Assault Prevention 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 child abuse prevention classes for children between the
ages of 3 and 18, parents and teachers in lower income areas of East and Central
County. Classes will be primarily held in classroom during the normal school day,
concurrent with the school year.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Family Stress Center'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 workshops for 1000 students, training for 150 parents,
and training for 90 teachers.
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.
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 Ann Kent
Community Development Department Family Stress Center
651 Pine Street, 4th Floor, North Wing 2086 Commerce Avenue
Martinez, CA 94553 Concord, CA 94520
(510) 646-4208 (510) 827-0212
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.
LJ6:19-48.AGR
A I I AI:NMtN 1 F'
7:!'HS t.tMith: 1L+1 G!+17: ✓
PSGNntL: RATEn --
------ --------- -------- -UFR-------- ---- ------- -- --------
Prooram Director ii3.+J!+ 4
G,�7J'.!6 G,153.16
wori.shoo Facilitator 1 $16.25 16 7.!06.4_
0orkshop Facilitator II 110.25 16 7,1ii6.12 7,106.i2
Secretary 34.00 4 i.55Y.8t 1.559.Bn
Bookkeeper 314.06 3 !,51Y.db 1,514.86
Office Manaaer 313.00 4 1,bb4.87 563.24 2,253.16
Community Development "Dir. 314.00 !,&!4.56 1,814.86
TOTAL PERSONNEL: 219535.0! 2,3$3.15 23,418.16
FRINGE BENEFITS: 3,$16.31+ 428.47,
TOTAL "PERSONNEL WIFRIN6E: 25,411.31 2.8,12.12 28.223,42,
OPERATING EKFENS=S:
---------------------
*Occupancy iU'J.DU 40 C.
Orrice 5upoiies 300.0V 2011.01+ 500.00
Telephone 560.00 200.08 700.00
Fastape 200.01, 20x.00
insurance 600.60 660.00
0aupi icatina 600.04) i00.iii' 7(j(,.00
it 200.00 i00.6
ve: !.200.6�>
%omerences JVV.VV 3+:•0.00
Classroom Supp i i e 300.00 100.iii 4cj.00
Ad ver t i si nq :+10.00 i0o.tltl .
----------- ------------ ------------
TOTAL OPERATING EXPENSES, 4,700.00 601+.110 5.300.00
TOTAL BUDGET: 30,11i.31 3,41:.12 33,523.4
Oudget is on a 10 month basis. L.A.F. staff are laid off ,iuiy & august
because SCn0p15 are closed.
1
* Occupancy rate has been reduced from 1991/92 by sharing office space.
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 57.0.506, 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 Subrecip ient.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 0 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.
Vin. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Comoliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VU 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 int' 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, 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, CALIFORNIASubrecipient
By: By:
Deputy Director - Redevelopment (Designate Official Capacity in Organization) °
ATTEST: Phil Batchelor, County CIerk
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:GE NCONN.SHL
corporation seal.
19-52
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Battered Women's Alternatives (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] Teens Need
Teens and Parents 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 teen violence prevention program for predominately
low income high school students throughout the Urban County. The program will
reach out to into the schools to work with teens on violence issues. The program
educates youth on sexual violence issues, including date-rape, and will teach
appropriate alternative behavior models.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by the Cambridge Community Center's
administrative staff.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to expose the program and its benefits to 2500 youth, train 300
parents and professionals (i.e. teachers and school counselors). 30 youth will be trained
as peer counselors. These goals will be accomplished through a series of workshops.
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
3 f 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.
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-I 10, 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 Nell Myhand
Community Development Department Battered Women's Alternatives
651 Pine Street, 4th Floor, North Wing P.O. Box 6406
Martinez, CA 94553 Concord, CA. 94524.
(510) 646-4208 (510) 676-2854
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.
LJ6:19-52.AGR
------------
BATTERED WOMEN'S ALTERNATIVES
CONTRA COSTA COUNTY CDBG
PROJECT BUDGET
Total CDBG Other
Funds Funds Funds
A. PERSONNEL SERVICES - SALARIES
Director of Community Education
16-15 Ar x 25 hr/week 4 weeks 1,615 21,964 13, 113 8,851
16.96 Ar x 25 hr/week 48 weeks 20,349
Youth Services Coordinator
11.55 Ar x 20 hr/week 52 weeks 12,012 12,012 9,658 2,354
Teen Counselor
12.34 Ar x 40 hr/week 22 weeks 10,859 26,408 2,870 93,538
12.96 Ar x 40 hr/week 30 weeks 15,548
Assistant Director, Workplace Prevention
13-23 Ar x 8 hr/week 36 weeks 3,810 5,588
5,588
13-89 Ar x 8 hr/week 16 weeks 1,778
---------------------------------
B. PERSONNEL SERVICES - BENEFITS 65.,972 25,641 40,331
17% of salaries includes FICA, SUI
Worker's Comp. and Medical/Dental) 9,173 4,359 6,456
---------------------------------
Total Salaries & Benefits 75,145 30,000 46,787
C. INDIRECT COSTS
(10% of Total Salaries) 7,515 0 7,515
(Executive Director, Sec'y, Bookkeeper)
D. OPERATING EXPENSES
Rent 1,200 0 1,200
Utilities 600 . 0 500
Telephone 700 0 700
Printing, Supplies 2,000 0 2,000
Mileage 600 0 600
Audit 620 0 620
--------- --------- ---------
Total Operating Expenses 5,720 0 5,620
F. TRAVEL
Statewide Training Conference 720 720
---------------------------------
89,100 30,000 60,642
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
L. 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 arecharged,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
Affix-mative 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. Rijzht 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 570.6.11 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 .dis utes 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.
19-54
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Pleasant Hill Recreation and Park District (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] the Senior
Service Network 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 an on-site care manager who will help senior citizens get
the assistance that they might not otherwise have access to. The service will be
provided at the Pleasant Hill Senior Center located at 233 Gregory Lane, Pleasant Hill.
General Administration
The Subrecipient will monitor Family and Community Services (or other approved
subcontractor) to insure that Family and Community Services is in compliance with all
terms and conditions of this contract and all applicable Federal and State Regulations.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Subrecipient agrees to provide direct service to 2,700 eligible seniors from throughout
Contra Costa County. This service may include, but is not limited to; referral of cases
of elder abuse to Adult Protective Services, Suicide Intervention, grief support and
counseling, and outreach to appropriate groups about the services available at the
Senior Center.
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.
in. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the County
under this agreement shall not exceed $15,000. 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 Nancy Whaley, Director
Community Development Department Pleasant Hill Senior Center
651 Pine Street, 4th Floor, North Wing 233 Gregory Lane
Martinez, CA 94553 Pleasant Hill, CA 94523
(510) 646-4208 (510) 798-8788
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.
LJ6:19-54.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. ADM NISTRATIVE REQUIREMENTS
A. Financial Manaizement
1. Accountiniz 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 19909
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 discriminateagainst 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
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.
19-56
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and Pacific Community Services, 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]
Comprehensive Housing Counseling Services 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 housing counseling and homeless assistance to eligible
County residents, primarily in Supervisorial District 5, including information and
referral, landlord/tenant issues, rental assistance and default and delinquency cases.
General Administration
Project oversight and direction will be provided by the Program Director and
administrative support will be provided by 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 services as follows: 400 Information & Referrals; 100
Household's Landlord/Tenant Cases; 35 Households Homeowner Assistance.
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
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.
III. 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 County o Subrecipient
Lawrence P. Jones Rosemary Tumbaga
Community Development Department PCSI, INC
651 Pine Street, 4th Floor, North Wing P.O. Box 1397
Martinez, CA 94553 Pittsburg, CA 94565
(510) 646-4208 (510) 439-1056
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.
W6:19-56.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.
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. 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.
a
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 Subrecipienf 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. Projaram 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. Projress 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 shalt 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'si 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.
.:i
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. Copvright
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 I 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 CM 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
i
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 o'bligation to fulfill this I Agreement as prescribed;
nor shall the County be thereby stoppid'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.
a
19-58
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered into this 7th day of April, 1993 by and between Contra Costa County
(herein called the "County") and the Neighborhood House of North Richmond (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] Senior
Citizens 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 center at 305 Chesley Avenue, Richmond that offers a
wide spectrum of activities for seniors including, but limited to, noon meals, health
screening fairs, brown bag lunch program, home visits, and drug abuse. Field trips will
be offered in addition to coordinating guest speakers for various subjects such as money
management, energy conservation and nutrition.
General Administration
Project oversight and direction will be provided by the project manager and
administrative support will be provided by Neighborhood House of North Richmond'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 a diverse program of senior services to all members of
the North Richmond area, regardless of ethnicity. The number of clients served by
the programs shall be no less than 350 seniors.
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 temunation
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 $47,000. 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 apart 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 Michele Washington, Executive Director
Community Development Department Neighborhood House of North Richmond
651 Pine Street, 4th Floor, North Wing 305 Chesley Avenue ,
Martinez, CA 94553 Richmond, CA 94801
(510) 6464208 (510) 235-9780
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.
9
LJ 6:19-58.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.
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. 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 finther
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 upona 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.
0 470) 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.