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HomeMy WebLinkAbout88-143 RESOLUTION APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT F'OR CHAPMANTOWN AND EL MEDIO (Contract No. 88-STBG-274) WHEREAS, pursuant to Sections 7050 to 7124 of the California Admini- strative Code, the California Department of Housing and Community Development (hereinafter referred to as the State} is administering the 1987-88 Community Development Block Grant Program for the State of California; and WHEREAS, the State has notified the County of Butte (hereinafter referred to as the County), a local public agency organized under the statutes of the State of California, of a Community Development Block Grant award in the amount of $b00,000.00 to pursue housing rehabilitation; and WHEREAS, the State requires that the Grant Agreement attached hereto be signed by a County official designated by a resolution of the Board of Super- visors in order to receive these grant funds; NOW, THEREFORE, BE IT RESOLVED that the County is hereby authorized to enter into this Community Development Block Grant Agreement; thereby assuming responsibility for compliance with the terms and conditions of the Grant Agree- went and Federal, State and Local laws that apply to the expenditure of Community Development Block Grant Funds; and BE IT FURTHER RESOLVED that the Director of Public Works is authorized to sign the Grant Agreement on behalf of the County. PASSED AND ADOPTED by the Butte County Board of Supervisors this 4th day of October 1988, by the following vote: AXES: Supervisors Dolan, Futon, McLaughlin, Vercruse and Chairman McInturf NOES: None ABSENT: None NOT VOTING: None ATTEST: Martin J. Nichols, Chief Administrative Offi er and C1 of the Board By Clerk/Deputy airman, Board of Superv' s County of Butte, State California ST~~}ARD AGREEMEhiT _ gTTORNE~Y GE3VE P.L STATE OF CALEFORNIA _ STD: 2 (REV. ?/651 THIS AGii,EET`1Ei~T, made and entered into this '30 date of June , I9 $$, in the State of California, by and between State of California, through its duly elected or appointed, ciualified and acting • TFTLE OF OFFICER ACTING FOR sTAYE I AGENCY Department Of iJ CONTRACTOfi ^ STATE AGENCY ^ DEBT. OF GEN. SEC ^ CONTROLLE~t CONTRACT NUMBER AM. NO. Director rious~ n ana o mum - - - Caunty of Butte .~ y y kereafler callyd flee Ca-e[rack~r., GONTRACroR•s I.D. NUMBER ~~`ITIESSETH: That the Conkractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, cues hereby agree to furnish to the State services and materials, as follon~s: • '~ ' - - ~ (Scf jorrh srroice fo !x -cndcrcd by Contractor, amount to !x• paid Contractor, finre for perjormancC or comE1letivR• and artarh plans madsprcificafiuRS, tf any.) ~~ This agreement ~wi 11 provide official notification of the grant a-•rard tander the State's \ 1° admi ni strati on ~ of• the Housing ~• and ~. Community . bevel opment ~ Bl ock Grant .Program for Non-entitlement jurisdictions pursuant to the provisions of 42 tl.S.G. 5301 et. seq., 24 Cl*R Part 570, Subpart I, and 25 .California Administrative Code Sectians'7050 through .7124.. ,•.~ In -accepting :this grant award, the, Grantee agrees to ,.comply wi th the 4 terms and conditions of this agreement and all attachments hereto,. the representations ~• contained i n the. Grantee `s appl i cati on~ • (hereinafter "the Application" } which i s hereby ~ i ncarporated by .. reference as i f .set: forth • i.n fui 1, ,and: the,,; requirements of -the authorities :cited . above. , ,. ..,:: ~ ....... ~ •~ - .::1.~,.:., • ~ .~.:~ ~. .. ~ ~ `~ ©~ •~ ..... .., ,. , .. .. . " .,. ~ . .. .' .. `Approved as.ko,~~isc ~ and BudgaLary Conk a! ,~ ~ ~~ f L ~C\{~`\ CONaiNliE17 ON~Si-iEE75, FACFt BEARING NAME OF CONTRACTOK ANU Z:UNIK C:l E)MB .. _ - -. ... •~~r The provisions nn the reverse side hereof constitute a part of this agreement. ~" - 1 ~ ~ - ~ - '~ -" i!~r ~'ilITl\ ESS WHEREOF, this :agreement has been executed by the parties hereto, upon, the cl:ate first above written. STATE OF CALEFORNIA - • ~ " ' CONTRACTOR • ~-: AGENCY CONTRACTOR {IF OTFIEA THAN AH ITIpNSpIJAL $'fA'1'E wIrET+IER A CORPORATIO}L PARTHERSNIP. ETC.1 BY fAUTHORI2ED. SIGNATURE) v ' BY (AVTN RIZED ATURE7 _ - x .. X PRINTED NAME OF PERSON SIGNING PRINTEp NAME ANp TITLE OF PER N1NG TITLE ~~_~~ ~ ~ I ADDRESS nr r_.....+., r,...+.,,,, ri,,, f1.•.~„,;lle r'n 4GOt,S AMOUNT ENCUMBEREp PROGRAM/CATEGORY ICGDE AHD TITLE] FUND TITLE Department of General Services S 600, 000 L1Se Of1I UNENCUMBERED BALANCE (OPTIONAL U5~1 y S S ADJ. INCREASING ENCUMBRANCE ITEM CHAPTER STATUTE FISCAL YEAR s 2za•o-lor..g o ADJ. DECREASING ENCUMBRANCE 09JECT OF £%PENOITVRE IGODE AND T1TLE7 1 1 hr•rr•bycr•rrif y rrjx~u myucrn p[•rsollal kno[rlcdgCthat 1>rrdgcted fundsarr• T.H.A. NO. S.R. NO. a earlalrlr fur tlrr ru•rial al,d parjxrxr• of tlo~[•x7=rnditurrstaled aba[x. SIGNATURE OF ACCOUNTING OFFICER DATE x ' 1 11r•rrbf rrrtif y rho[ al! caiditions for esonrp[ion sti forth in State Administratirx• hlanrral5ectiall !?U~ lra~{ !x•r•n curnplir•r1 x•ith and this dacTmlrn! is tsa»Fp[ from rCaialc by thr Drgartnrpnt of Fiuaurr. II SIGNATURE OF Oz DICER SIGNING ON BEHALF OF THE AGENCY X a ..Y? - ~ .1 - ~ .~ 1. The Contractor agrees,to indemnify, defend and save harmlrss the State, its officers, agents and ,,,,,;~,,.. `,,._ ., employees from any and all claims and losses accruing or resulting to any and all contractors, subcon- tractars, materialmen, laborers and any other person, firm or corporation furnishing nr supplying ,, _ - work, services, materials or supplies in connection with the performance of this contract, and from any ~ , and all claims and lasses accruing or resulting to any person, firm or corporation ,~=ho may be injured:; ar damaged by the Contractor in the~performance of this contract. .. - ' . ~ 2 The Contractor, and the agents and employees of Contractor, in the performance of this agree- -; _, ~• meat, shall act in an independent capacity and not as officers or employees or agents of State of ;. - • California. .. ~ '. .: ~ ...:: ~ - .. •. . -. - _ *. ` 3. The State may terminate this agreement and be relieved of the payment of any consideration to - Contractor should Contractor fail to perform the covenants herein contained at the time and in the ~ ~ .- manner herein provided. In the event of such termination the State may proceed with the work in any • manner deemed proper by the State. The cost to the State shall be deducted from any sum due the , Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. • - - 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whale or in part. - - 5. Time is of the essence in this agreement. 6. Nn alteration or variation of the terms of this contract shall be valid unless made in writing and -' ""- 'N`Sit'C! 'v~• inr Nasisrs 1~eiciV, ahii"xi~i iii .u ~iieit.u?iaennuu~~ vi ~abi.:i~iui ~aa n.., :u~....l..,,.ia... G.., a,..... ... - .. ---. - 'binding nn any of the parties hereto. - . _._ . , . _..,~.. _ _ .. - .. .. .. . _ 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of ~ ~--=- - ~ -- Contractor's expenses incurred in the performance hereof, including travel and per diem, tlnles_s other- wise expressly so provided. .. .. - . _ . - _ _ - . _ .. . 85 35450 County of Butte #88-STBG-274 8. Work to be Performed Page 3 of 7 The Grantee agrees to fully perform the work described in Attachment A, Section 1, (hereinafter "the Work") and more fully described in the Application. 9. Grant Amount For the purposes of performing the Work, the State agrees to pay to Grantee the amount specified in Attachment A, Section 3. In no instance shad the State be ii able for any costs for the Work in excess of this amount, nor far any unautl~ori zed or i nel i gi bl a costs . Payment wi 11 be made following receipt and approval of the Expenditure Summary and Payment Request report. Grantee agrees to administer this grant in accordance with the provisions of Section 7098 through, and including, Section 7124 of Title 25 of the California Administrative Cade. 10. S ecial Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. .. ~. il. Method of Payment To receive payment for the Work performed, or to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State,' a duly executed Expenditure Summary aa~d Payment Request report. The Grantee shall submit all Expenditure Summary and Payment Request reports to the Department of Housing and Camanuni ty Devel ailment, Community Development Program, 921 Tenth Street (4K}, Sacramento ~a i ~ f orni a, y5t5i4, ter arty U i.~ter- ducires~ u s Woi i l:ii i.aa-: ut'ar~ i.~~ iias u~~fi notified in writing. The State shall not authorize payments unless it determines that the Work has been performed i n compliance with the terms of this agreement and its attachments. l2. Commencement and Term Thi s agreement i s effects ve on ~3une 30, 1988. Hor~ever, Grantee agrees that Work shall not commence prior to execution of this agreement by the State, unless expressly authorized in writing to do so. This agreement shall terminate on the date set forth in Attachment A and Grantee agrees that the Work shall be complete by the date specified in Attachment A, unless a written request for an extension is approved in advance and in writing by the State. l3. Grant Termination A. The State may terminate the s agreement at any time for good cause by giving at least 30 days notice in writing to the Grantee. Good cause shall consist of violations of any terms and/or Special Conditions of this agreement, the regulations contained in 25 California Administrative Code Sections 7050 to 7124, 24 CFR Part 570, Subpart I, the Housing and Community Development Act of 1974, as amended, or upon the request of HUD. Upon termination of this agreement, unless otherwise approved in writing by the State, any unexpended funds received by the Grantee shall be returned to the State within 30 days of the i~oti ce of Termination. County of Butte #88-STBG-274 Page 4 of 7 B. It is mutually understood between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the agreement were executed after the determination was made. _ C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the federal fiscal year.I988 for the purposes of this program. in addition, thi s agreement i s subject to any additional restrictions, limitations, or conditions enacted by the Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms or funding of this agreement in any manner. D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. E. The State has the option to terminate this agreement under the 30-day cancellation clause or to amend the agreement to reflect any reduction of funds. 14. Contractors and Subcontractors A. The Grantee shall not enter into any agreement, written or oral, with a nv contractor without the prior determi nail o1i by the S to Le o f L~-ke contractor's eligibil7ty. A contractor or subcontractor is not eligible to receive grant funds if the contractor is not licensed in good standing in California, or is listed on the federal Consolidated List of Aebarred, Suspended, and Ineligible Contractors. B. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, to: '' I) Perform the Work in accordance with federal, State and local housing and building codes as are applicable. 2) Comply with the Labor Standards described in Attachment C of this agreement as are applicable. In addition to the requirements of - Attachment C, all contractors and subcontractors must comply with the provisions of the California Labor Code as are applicable. 3) Comply with the applicable Equal Opportunity Requirements, described in Attachment D of this agreement. 4} Maintain at least the minimum State-required Worker's Compensation Insurance for those employees woo will perform the Work or any part of it. County of Butte •#88-5TBG-274 Page 5 of 7 5) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the contractor or any subcontractor in performing the Mork ar any part of it. C. Pursuant to Section 7120(c) of Title 25 of the California- Administrative Cade, the Department reserves the right of pre-award review and approval of all proposed contracts and related procurement documents, such as requests for proposals and invitations for bids, where the contract amount exceeds $10,000 and only one bid or proposal is received, or a "brand name" product is specified, or the contract is to be awarded sole source. l5. Inspections A. Grantee shall inspect any Mork performed hereunder to ensure that the 1~ork is being and has been performed in accordance with the applicable federal, State and/or local requirements, and this agreement. B. The State reserves the right to inspect any Work performed hereunder to see that the 1~ork is being and has been performed in accordance with the applicable federal, State and/or local requirements, and this agreement. C. The Grantee agrees to require that all Mork found by such inspections r~ct ~to conform to the applicable requirements be corrected, and tc withhold payment to the contractor ^r subcontractor until it is so corrected. 15. Records A. All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by the State, shall be retained by the Grantee for a period of not less than three (3) years from the date of termination of this agreement. B. If so directed by the State upon termination of this agreement, the Grantee shall cause all records, accounts, documentation and all other materials relevant to the Flork to be delivered to the State as depository. C. All contracts of $10,000 or more between Grantee and its contractors shall contain a provision which indicates that the contracting parties steal 1 be subject to the examination and audit of the Auditor General for a period of three (3) years after the final payment under the contract. '. I.7. Audi t A. All records,. accounts, documentation and other materials deemed relevant to the 1~ork by the Department shall be accessible at any time to the authorized representatives of the State or federal government, on reasonable prior notice, for the purpose of examination or audit. County of Butte #$8=5TBG-274 gage 6 of 7 ~. B. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for Work not described in Attachment A shall be deemed authorized if the performance of such Work is approved in writing by the State prior to the commencement of such Work. C, Absent fraud or mistake on the part of the State, the determination by the State of the allowability of any expenditures shall be final. D. Pursuant to OMB Circular A-128, Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect. The costs of the C~BG related portion of the audit may be charged to the program in accordance with Public Law 98-502, DRIB Circular A-128 and 25 California Administrative Cade 7122. E. The audit shall be performed by a qualified State, local or independent auditor. Grantee shall notify the State of the auditor's name and address immediately after the selection has been made. The contract for audit shall include a clause which permits access by the State to the independent auditor's working papers. F. Three copies of all required audit reports shall be submitted to the State Controller's Office within six months of the close of the required audit period. G. -The State shall not approve any 'expenditures '-"or audit nrior io receiving an acceptable audit report. 1.8. Com fiance with State Law and Regulations The Grantee agrees to comply with all State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Grantee, its subgrantees, contractors, or subcontractors, and the Work. 19. Environmental Requirements This agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Grantee assumes responsibility to ful l,y comply with CEQA's requirements regarding the Work. In addition, the. Grantee shall comply with the provisions of the National Environmental Policy Act- (NEPA} by following the procedures contained in 24 CFR Part 58. The release, by the State, of program implementation funds is hereby conditioned upon compliance with CEQA and NEPA. 20. Compliance with Federal Laws and Regulations The Grantee agrees to comply with all federal laws and regulations applicable to the CDBG Program and to the Work, and with the required federal provisions set forth in Attachment E.. County of Butte ~ Page 7 of 7 #88=5TBG-274 21. State Coordinator The coordinator of this agreement for the State is the Program Manager of the Community Development Program, Division of Community Affairs, or the Program Manager's designee. 22. Purchase of equipment Prior to the drawdown of funds for purchase of any data processing equipment or any other equipment or f i xtures with a useful 1 i fe of one year and a cast of at least $300, Grantee shall submit a detailed justification of the need for the equipment or fixtures for review and approval by the Department. Y 23 . Certified Resoi uti on This agreement shall be accompanied by a certified resolution from the Grantee's governing body authorizing its execution. 24. Waivers No waiver of any breach of this agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the pravi si ons of thi s agreement or to require at any time performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of t~!?s aarpwmpnt nr th? rtaht of t~hp peoartment to~ .en-~orcP~ these provisions. 25. Litigation a. If any provision of thi s agreement, or an underlying obligation, i s hel d i nval i d by a court of competent jurisdiction, such i nval i di ty, at the sal a discretion of the Department, shal l not affect any other provisions of this agreement and the remainder of this agreement sha11 remain in full farce and effect. Therefore, the provisions of this agreement are, and shall be, deemed severable. b. The Grantee sha11 notify the Department immediately of any claim or action undertaken by or against i t which affects or may affect thi s agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this agreement and the interests of the State. County of Butte #88-STBG-274 Section 1 -Work Description ATTACHMENT A Page 1 of 1 A. Grantee shall perform the Work as described in the approved Application, which is on file at the Department of Housing and Community Development, Division of Community Affairs, 921 Tenth Street, Room 402, Sacramento, California. All written materials or alterations submitted from time to time as addenda to the original Application and which are approved by the State prior to the award are hereby incorporated as part of the Application. B. The work shall consist of: ' 1. Rehabilitation of 25 residential units occupied by members of the targeted income group in the neighborhoods of El Medio and Chapmantown. 2. General Admuiistration. C. Notwithstanding Section 6 of this Standard Agreement, Grantee shall request written approval from the State when a program or budget revision is needed as required by Section 7114, Title 25 of the California Administrative Code. No alteration or variation of the terms of this agreement shall be valid unless requested in writing and approved in writing by the State, or at the State's discretion signed by both parties in the form of a Grant Amendment. No oral understanding yr agreement not incorporated herein, shall be binding on any of the parties hereto. Section 2 -Completion Dates A. .All Work shall be completed by December 31, 1990 in accordance with the approved milestones in the Application. Milestones maybe adjusted by written consent of the State and do not require amendment of this Agreement. -B. Close-out shall commence by February 28, 1991.. C. This Agreement shall expize on March 31, 1991. Section 3 -Grant Amount and Operating Budget A. Specifics of the operating budget shall be agreed upon by the State and Grantee prior to drawdown of any funds. B. The grant of $600,000 consists of: $540,000 - Housing Rehabilitation in Chapmantown and El Medio $ 60,000 - General Admizustration $604,00_0 - TQTAL County of Butte #88-STBG-274 SPECIAL CONDITIONS ATTACHMENT B Page 1 of 2 1. Pursuant to 25 Cal. Admin. Code Section 7056{b) {1}, as a condition of drawing down any CDBG funds, the Grantee shall have submitted to the Department a draft or a final and adopted revised housing element as required by Article 10.6 {commencing _ with Section 65580) of the Government Code. Upon submittal of a draft housing element, the Grantee may draw down a portion of the administrative funds for the purpose of completing the adoption of a revised housing element in compliance with State Law. As 'a condition of drawing down any program implementation funds, the Grantee shall adopt a housing element revision in compliance with the substantive requirements in Article 10.6, and submit a certification, on forms provided by the Department, that such housing element complies with the substantive requirements of Article 10.6. 2. In order to meet the requirements of the State Relocation Law, and in order to minimize displacement in accordance with the provisions of the Housing and Urban Rural Economic Recovery Act of 1983 (HR 1), the Grantee shall ensuxe that targeted income group renter households residing in units rehabilitated with funds from this grant shall not pay more than 25% of their monthly gross income for a period of one year. Where tenants are already paying more than 25% of gross income, they shall not be required to pay any increase in monthly rents for a period of one year from the completion of rehabilitation of their unit. In order to fulfill this requirement, Grantee shall either: {a} include those provisions within a Rent . Limitation Agreement or, (b} shall pay displacement assistance pursuant to Government Code Section 7265.3, in an amount equal to the difference between 25% of existing tenants' income and the after-rehabilitation rent. Where the tenant already pays more than 25% of income far rent, the amount of displacement assistance shall be equal to the difference between pre-rehabilitation rents and after- rehabilitation rents. Upon written approval from the Department, Grantee may use _,. CDBG housing rehabilitation program funds to make required displacement assistance payments. in addition to permanent relocation and displacement benefits required by State Relocation Law for tenants and owners of real property, businesses and farms displaced by acquisition funded in whale or in part by CDBG funds, the Grantee is required to plan and budget for temporary relocation of tenants displaced by housing rehabilitation activities similarly funded. Temporary relocation in conjunction with housing rehabilitation is defined as displacement far up to 90 days and is a CDBG eligible activity for this period of time only. Tb.ereafter, displacement in conjunction with housing rehabilitation taking longer than 90 days is the responsibility of the Grantee. Before program funds can be drawdown for housing rehabilitation, the Grantee is required to submit for Departmental approval, a description of how temporary relocation benefits will be provided. This description should include a discussion of how the Grantee will compensate tenants for any temporary relocation lasting more than 90 days. County of Butte #88-STBG-274 ATTACHMENT B Page 2 of 2 Permanent relocation benefits, triggered by acquisition, will require a relocation plan which must be approved by the Department before drawdown of program funds. 3. The Grantee will report on the value of other contributions included as a leverage to the housing rehabilitation activity on a quarterly basis. Required contributions to be reported an, as described in the application are: $ 3,450 - Weatherization Funds (PRI} $ I,25p -~ Inspection Fee Waivers $ b,500 - Sweat Equity $ 4,850 - Program Income from ].988/89 CDBG Grant $ I6 050 - TOTAL 4. No time extensions of this contract will be allowed. County of Butte ATTACEiMEI~".C C #88=5TBG-274 Page 1 of 1 Labor Standards 1. State Labor Standards Provisions All contractors and subcontractors shall give the following certification to the Grantee and forward this certification to the Grantee within 10 days after the execution of any contract ar subcontract. A. "I am aware of the provisions of Section 1720 et ~. of the California Labor Code which requires that the State prevailing wage rate shall be paid to employees where this rate exceeds the federal wage rate." g. "~ am aware of the provisions5 of Section 3700 of the Labor Code which requires every employer to be insured against liability for -workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and x will comply with such provisions before commencing the performance of the Wark of this contract." C. "Yt is further agreed that, except as may be provided in Section 1815 of the California Labor Coder the maximum hours a worker is to be employed is limited to eight`hours a day and 40 hours a week and the subcontract shall forfeit, as a penalty, $25 for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day ar more than 40 hours in any c-alPndar week and is not nail overtime." 2. Federal Labor Standards Provisions (Davis-Bacon and Related Acts) Except with respect to the rehabilitation of residential property designed far residential use for less than eight families, the Grantee and all contractors/subcontractors of the Grantee engaged under contracts in excess of $2,000 for the construction, prosecution, completion ar _ repair of any building ar work financed in whole or in part with ~~ assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3- 5 and 5ar governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee or any contractor/ subcontractor of their obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10.000, 29 CFR 5a.3. ATTACHMEI@'.C D Cau~ty of Butte Page 1 of 2 #88-STBG-274 al O rtunit 1. The Civil Rights, HCD, Age Discrimination, and Rehabilitation Acts Assurance: During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation ar employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 19?5, and the Rehabilitation Act of 1973, and all implementing regulations. 2. The Traininc Lower Income -ment, and Cc ~rtunities for Business and ,Assurance of Comoliance: a) The work to be performed under this Agreement is on a project assisted antler a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1.968, as amended, 12 U.S.C. 17U1u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for Work in connection Frith the project be awarded to business concerns which are located in, or awned in substantial part by persons residing in the area of the project. b) The parties to ti-.is ~gr~ement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractural or other disability which would prevent them from complying with _ these requirements. c? The Grantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's- representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicant for employment or training. d) The Grantee will. include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the contract upon a finding that the Grantee or :any contractor or subcontractor i.s in violation of regulations issued by the Secreta~y of Housing and Urban Development, 24 CFR Part 135 and. will not let any contract unless the Grantee or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. _County of Butte #88=5TBG-274 ATTACffi+~T D Page 2 of 2 e} Compliance with the provisions of Section 3, the regulations set forth in 24 C~'R Part 135. and' all applicable rules anti orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal. financial assistance provided to the project, binding upon the Grantee, its successors, and assigns. Failure to fulfill these requirements shall subject the Grantee, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by '?4 CFR Part 135. 3. State Nondiscrimination Clause: a) During the performance of this contracts the recipient, contractpr and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, .ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion. color, national origins ancestry, physical handicap. mental disability, medical. condition. marital status, age or sex. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b) Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Cade Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Cade. m, ~1 .. '7 C•~..a.~ .... '7']O~ !1 ..a- 1 ~.i.~= .-..~.,~~5 .-.i ...-... ~.F T~.~+-...~.3 ~ fl~.r. ..~ ..~.. ... ~ ... ..,,.~v.. ...,..... ~ .. ..... ....^...".x: , ~ ... t....,,.. ,.,..,.r......., t Chapter 1, Fart 1, Division 3- Title 2 of the uovernrr~ent Code (Government Code Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. c) Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations .~ with which they have a collective bargaining or other agreement. d} The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perforce work under the contract. 4. Assurance of Compliance with Requirements P1ac~ C6n Construction Contracts of $10,000 or more: Grantee hereby agrees to place in every contract and subcontract for construction exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 1126), the Standard Equal Opportunity Clause, and the Standard Federal Equal Employment Opportunity, Construction Contract Specifications. Grantee furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Depa~``~.ment of Labor in such contracts and subcontracts. Grantee shall refer to Chapter V of the State CDBG Grant Management Manual or shall contact the State for further guidance regarding compliance with this requirement. County of Butte ATTACHN~NT E ~$$-STBG-274 Page 1 of 3 Other Required Federal Provisions 1. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234}. No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3{a} of said Act. for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(4) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102{a) of said Act. Any contract or agreement far the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement sha11 contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1958, as amended, 42 U.S.C. 4001 et se .- provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section l02(s) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself ' 1. ~ .~..~~..-.. }1_~ . T~.~.. ~-.-.+L L UlSUC:1 W1 Lil G~~l-~~~x~G YivvJ.ucu uia~ac,. ~.aai.+ .~~LC~.u4:. a~.. 2. Lead-Based Paint Hazards: The construction or rehabilitation of re: provided under this Agreement is subj regulations! 24 CFR Part 35. Any grants rehabilitation of residential structures Agreement sha11 be made subject to the lead-based paint hazards under subpart B shall be responsible for the inspection Section 35.14{f} thereof. ~idential structures with assistance ect to the HUD Lead-Based Paint or loans made by the Grantee for the with assistance provided under this provisions for the elimination of of said regulations, and the Grantee and certifications required under 3. Compliance with Air and water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et ~., the federal Water Pollution Control Act, as amended, 33 USC 1251 et se ., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. ~, 2n compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: County of Butte X88-STBG-274 ATTACHMEi~T E Page 2 of 3 a) A stipulation by the contractor or subcontractor that any facility to be utilized in the performance of any nonexempt contract or subcontract i.s not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. b) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308. and all regulations and guidelines issued thereunder. . c) A stipulation that as a condition far the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized far the contract is under consideration to be listed an the EPA List of Vi~alating Facilities. d} Agreement by the contractor that he will include ar cause to be included the criteria and requirements in paragraphs a through d of this sect~.on in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Arrrewman~' hp t~ti ~•~ zed with rPSnect to a ~ facility which has given rise to a~ Caity iit1Q_^_ s,rarlc?r SeCtiOn 113 (C) (1 ~ Of the Clean Alr Act Or Secta.On 309(c} of the federal Water Pollution Control Act. 4. Oblicrations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party ar parties for the ~indertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee shall comply with all lawful requirements of the State necessary to ensure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the State's Assurance and Certifications, including those with respect to the assumption of environmental responsibilities of the State under Section 104(h) of the Housing and Community Development Act of 1974. 5. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agrees-ment ar to any benefit to arise from the same. ', County of Butte #88=STBG-274 ATTAGHMEN`P E Page3of3 6. Interest of Members, Officers, or Local Governing Bodv, or other ' of Contractors, Members of No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interests direct or indirect, i.n any contract or subcontract, or the proceeds thereof, for Work to be performed in connection with the program assisted under the Agreement. The Granteee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 7. Prohibition A ainst Pa ents of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HCD approval of the application for such .assistance, or HCD approval of applications for additional: assistance, or any .other approval or concurrence of HCD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HCD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.