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HomeMy WebLinkAbout89-151BOARD QF SUPERVISORS COUNTY OF' BUTTE, STATE OF CALIFORNIA Resolution No. s9-151 RESOLUTION APPROVING AND AUTHORIZING 'THE DIRECTOR OF PUBLIC WORKS TO SIGN THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR THE VILLA VERONA SEWER PROJECT (Contract No. 88-STBG-358) WHEREAS, pursuant to Section 7050 to 7124 of the California Administrative Code, the California Department of Housing and Community Development (hereinafter referred to as the State) is administering the 1988/89 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 $500,000.00 for the Villa Verona Sewer Project; 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 Supervisors in order to receive these grant funds; NOW, THEREFORE, BE TT RESOLVED that the County.'is hereby authorized to enter into this Community Development Block Crant Agreement; thereby assuming responsibility for compliance with the terms and conditions of the Grant Agreement 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 3rd day of October 1989, by the following vote: AYES: Supervisors Dolan, McInturf, McLaughlin, Vercruse and Chairman Fulton NOES: None ABSENT: None NOT VOTING: None Chai n, Boar o up rvisors Coun y of Butte, State of California ATTEST: William H. Randolph, Chief Administrative Officer and Clerk f the Board By ~ Clerk/Deputy _~ ..STATE '.:F CALIFORNIA CONTRACT r cR AM. Np, • STANDARD AGREEMENT -~- A3--rORIVi=OY GENERAL 89-5'I'BG-358 gry-p, Z IREV. 7/ggi GONTRACTOR'9 STATE i.D. NVMBER ~~~~ r~ ~~~~li~ ~~Q THIS AGREEMENT, made and entered into this 30th day of dune , 19 $9 , • in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting OF Director AGENCY and 0 CQNTRAGTOR STATE AGENCY DEPT. QF GEN. SEF GONTROLL.ffR hereafter called the State, and (or the Grantee as appropriate within the content of this-•Agreement)., hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulakions of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as Follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completeon, and attach plans and specifications, if any.) This agreement will provide official notification of the grant award under the State's administration of the Housing and Community Development Block Grant Program for Non-entitlement jurisdictions pursuant to the provisions of 42 U.S.C. 5301 et sec ., 24 CFR b,,, Part 570, Subpart I, and 25 California Administrative Code Sections 7050 through 7124. xn accepting this grant award, the Grantee agrees to comply with the terms and conditions of this agreement and all attachments hereto, the representations contained in the Grantee's application {hereinafter "the Application") which is hereby incorporated by reference as if set forth in foil, and the requirements of the authorities,~t d ve___, \ _. ~ ~ ~ rm N _ ~ _ u- O . + C C Q ~ ~ V n. ~, e y V- ~ ~ o N y Q ~"- U to a -7 rJ5 '~. fn O ~ ro 0 O ~ ~ro ~ Q ~ ~ m Q A ~ 7 CONTINUED ON SHEETS, EACM BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. ~ ~ ~ The provisions on the reverse side hereof constitute a Bart of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR t!r OTHER YNAN AN INO[VIDVAL STATH FYISETHER A GdiPdRAl70N. Department of Housing & Community Development pARTH~~H[P• ~~~ -County o£ Butte BY BY X X PRINTED NAM@ OF PERSON SIGNENG PRIN D NAME AND TITLE OF PERSON NG Linda A. Powell William Cheff, Director of Public Works TiT+-~ ADaRESs Chief, Administration Division ~ 7 County Ctr Dr., 4rovFlle, CA 95965 ?~ ~. AMOUNT ENCUMBERED BY TH[5 DOCUMENT ~ PROGgAM/CATEGORY [CODE AND T]TLE) FUND TITLE 20 Community Affairs FTF Department afGeneral Services 500 000 Use Onl ~ toa•no~y~~ y PR10q AMOUNT ENCUMBERED FOR THIS CONTRACT Lt/U Y~ 40434-$500,000 FCN 14.228012 E Qi ITEM CHAPTER STATUTE FISCAL YEAR xe m~1 from pe~artment of G en MOUNT ENCUMBERED T 2240-101-890 313 19$8 1988 89 er°l $eryices approv l To ATE 013J6GT OF EXPENDITURE tGODE AND T3Ti.E) e , a p r SBC,fOn i~f16 of ~ Admir,;srrative ryry 1e /ee $tala ~M~Y Q I hereby certif y upon my own personal knowledge that budgeted funds are T•B.A. Nq. B.R. No. I~ available for the period and purpose of the expenditure stated above. 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'~. ] II+• (.+rill r;r r'1 r,7. aitC1 IEre• ar'!+•1I1~ :IIUI ['tnl+l[t\['r •~ nE (.nltl r;l f'Itti'. Ilt Ilu' Itt'1'~frl'71tallf'l• I,E 11i1~ iI,I't•f•- Ilr{•I1(. ~11:r I1 aCI IL :117 111r 11'l +('Itr 11'1,1 C:tjt7t'll\ :Ilttl hl,l a~ uEEErr•r~ +7r T'l llj)ll r\'t'r •ti hr' ;(ti+•ill~ rf~ tilalC' ,,j Vii. E llf' Sl;llt• tTla1 If"rtlllil:ll(' 111Lti ;!};rr't'iFlc•rkl 4[llcl 11t' I't'EI+'Ct'f1 ItE Cllr' j7:E\'Frl+•ill ,7i :ill\' C'trI1S1[1+'rallttil 1(t (:0ulr:lri0r Sfl+nllti {:,Intrai'Enr fail l„ ju'rtrtrm illy t•ri\•c•ll:lnl. Lri'c'iu (•I+lliaill('+1 al lhr litre+• :Ilhl in tltt• ltlanlicr hrr+'ill ~)r+nitl+•(i. In 11((' r,'r•lll of >tlcil Ic•nniualinrl 11 u' tilatr' ltl:t\ jtrru-r't•(I x il!) lltr «nrl; in ant 131:t111k[`I' ilc•[•ili,'(1 jlrc,j7rr l,\~ tJh~ tilalr. 'I•lir (•ust to Ilu° Sluir' sflull !lr• [l+•cltlt'Irsl tr,rln i,(rn' :urll tllu• llu' (;uutra('1nr ululrr ihiti :lhE'f'l'1711'ill. ;IIICI tlr(` h:tl:u1T•r, i{ all~.:lr,,ll hr j1aitl 1Et(• (:(,ulrat•hn- nj)trtt rl['n(an([. •!. ~I'ilh+nll IEtr \+rilh-u cuu,rill ul lhr• 5t:1lr. llsi5:l~r'(•rt11+•u1 is a+rl a«i~~nultll• I):' S:+i111r:iT'tnl',•ilL['r ill tcllrt{e',rr i(1 jt:lrl. •7. E Illtt' f~ ni 11,t• (~~~('nc.'r in this :i.~rt•t'nll•ul. fj, ~U aI(('rali[llt i)1" tal'I:tllt,Tl UI IIIP 11-1'(115 u1 Ell1~ [', tillra('l sIIUII jtr' t'all(1 tlitlt'iti II&t(Ir Irl ~5'1'llFll~~. ;IltEl S11~llf•(l lr\~ lllr' j7arlir•~ I1('re'lrl, :Illl1 itu +tf:ll tll]+1Cr5lalltl1111; t+i' u!,rC'('I'Itf'lll 3t[o( lllt'[tl'j)riralt'fl II('rr'ill. ~11:1I1 i]r 1)inclin,~ 071 :(n\ ,~i tlrr jrlrtii•s hrrrln. i. 1 il+' L'Ilil~l(1['ra~lftll l[) l,C j)i11(I {.nlll!'t,C'lrFl, a~ j)rtn'i(lctl llr•l"l'lll. sI];lll Ix' ITt t'n11Ij7t•llictlli+ll ~1t+r :Ill r,~ C, ,tttilial'l(,1' y t'Cj)t'l1i['~ llit'lll•1"('[l Erl IIII' j)('1'~rtt']lfilll('(' ll( f['rlE~. iul.•Iluliu~~ ll:lSi'l alifl j,('r (II('ill. 1111I1.'~ti (t(lli'r- t\ lye' L'ti j]rt's~I \' S[, j)1'u\'ltl('C1. a 1: ~~ '':~: .,, a County of Butte ~ Page 3 of 7 #89-STBG-35$ 8. Work to be Performed 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 shall the State be liable for any costs for the Work in excess of this amount, nor for any unauthorized ar ineligible costs. Payment will be made following receipt and approval of the Program Activity 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 Code. 10. S ecial Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. 11. Method of Pa ent To receive payment for the Work performed, ar to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State, a duly executed Program Activity Report. The Grantee shall submit all Program Activity Reports to the Department of Housing and Community Development, Community Development Program,-1800 Third Street, P.O. Box 952054, Sacramento, California 94252-2054, or any other address of which the Grantee has been notified in writing. The State shall not authorize payments unless it determines that the Work has been performed in compliance with the terms of this agreement and its attachments. 12. Commencement and Term This agreement is effective on June 30, 1989. However, 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 speciled in Attachment A, unless a written request for an extension is approved in advance and in writing by the State. _ 13. Grant Termination A. The State may terminate this agreement at any time for cause by giving 14 days written notice to the Grantee. Cause shall consist of violations of any terms and/or Special Conditions of this agreement; upon the request of HUD; or withdrawal of the State's expenditure authority. 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 14 days of the Notice of Termination. ~~ County of Butte. #89-STBG-358 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 far the federal fiscal year 1989 for the purposes of this program. In addition, this agreement is 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 14day 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 any contractor without the prior determination by the State of the contractor's eligibility. 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 Debarred, Suspended, and Ineligible Contractors. B. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, to: - 1) 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 Cade 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 who will perform the Work or any part of it. County of Butte, #89-STBG-358 Page S 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 Work or any part of it. C. Pursuant to Section 7120(c) of Title 25 of the California Administrative Code, the Department reserves the right of pre-award review and approval of all proposed contracts and related procurement documents, such as requests far proposals and invitations far bids, where the contract amount exceeds $10,00(] and only one bid or proposal is received, ar a "brand name" product is specified, or the contract is to be awarded sole source. 15. Inspections A. Grantee shall inspect any Work performed hereunder to ensure that the Work 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 Work 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 Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the contractor or subcontractor until it is so corrected. 16. Records A. All records, accounts, documentation and all other materials relevant to a fiiscal 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 Work to be delivered to the State as depository. C. All contracts of $10,000 or mare between Grantee and its contractors shall contain a provision which indicates that the contracting parties shall be subject to the examination and audit of the Auditor General far period of three (3) years after the final payment under the contract. 17. Audit A. All records, accounts, documentation and other matenaIs deemed relevant to the Work by the Department shall be accessible at any time to the authorized representatives of the State or federal government, on reasonable prior notice, for the purpose of examination or audit. County of Butte #89-STBG-358 Page 6 of 7 B. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for Work not descn~bed in Attachment A shaIl be deemed authorized if the performance of such Work is approved in writing by the State prior to the commencement of such Work. C. Absent fraud or mistake on the part of the State, the determination by the State of the allowability of any expenditures shall be final. D. Pursuant to OMB Circular A-128, Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect, The costs of the CDBG related portion of the audit may be charged to the program in accordance with Public Law 9$-502, OMB Circular A-128 and 25 California Administrative Code 7122. E. The audit shall be performed by a qualified State, local ar 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 for audit prior to receiving an acceptable audit report. 1$. Compliance with State Law and Re lgu ations 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 Wark. 19. Environmental Requirements This agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Grantee assumes responsibility to fully 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. Com Iiance with Federal Laws and Re lotions 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 #84-STBG-358 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 fixtures with a useful life of one year and a cost 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. 23. Certified Resolution 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 provisions of this 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 this agreement or the right of the Department to enforce these provisions. 25. Litigation a. If any provision of this agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect. any other provisions of this agreement and the remainder of this agreement shall remain in full force and effect. Therefore, the provisions of this agreement are, and shall be, deemed severable. b. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this 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. 25. NLRB Certification The Contractor warrants by execution of this Agreement and does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board. County of Butte #89-STBG-358 Section 1 -Work Description ATTACHMENT A Page 1 of 1 A. Grantee shall perform the Work as described in the approved Application, which is an file at the Department of Housing and Community Development, Division of Community Affairs, 180[? Third Street, Third Floor, 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. Payment of sewer lateral hookup costs far 175 Targeted Income Group households and the septic tank costs of 36 Targeted Income Group households in the Villa Verona Community of Butte County. 2. Payment of sewer assessment costs far 294 Targeted Income Group occupants in the Villa Verona Community in Butte County. 3. General Administration. 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 Cade. Na 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 ar agreement not incorporated herein, shall be binding on any of the parties hereto. Section 2 -Completion Dates A. All Work shall be completed by January 31, 1992 in accordance with the approved milestones in the Application. Milestones may be adjusted by written consent of the State and do not require amendment of this Agreement. B. Close-out shall commence by February 28, 1992. C. This Agreement shall expire on April 30, 1992. 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 $500,000 consists of: $ 92,846 - Sewer Laterals 377,154 - Assessments 30,000 - General Administration ' County of Butte. 89-STBG-358 Special Conditions ATTACI-IlbIENT B Page 1 of 2 1. Pursuant to 25 Cai. Admin. Cade 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 b5580} 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 adapt 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. Federal Relocation, Displacement and Acquisition rules governing the CDBG program, 24 CFR 570,496a {interim rule), require that tenants who are displaced from housing units demolished or converted as a result of CDBG funded activities be provided with relocation assistance. Members of the Targeted Income Group who are renter households in dwelling units rehabilitated with funds from this grant who, within a 5 year period after the completion of the work, are required to pay rents which are more than the higher of 30% of their monthly gross income; ar their pre-rehabilitation rents are considered to be displaced persons entitled to relocation assistance. Tenants who are required to relocate temporarily, but are not reimbursed for his/her reasonable out-of-packet expenses, are also considered to be displaced persons if he/she moves from the property permanently. The Grantee shall plan and budget .far the relocation of tenants displaced by housing rehabilitation activities which result in the loss of low or moderate income rental units due to demolition or increased rents charged to tenants of the targeted income group. ' ]n order to meet this requirement, the Grantee shall either: (a) include these provisions within a Rental Limitation Agreement with the property owner landlord, or, {b} offer to any targeted income group tenant whose rents are raised within a five year period the financial displacement assistance specified in either 24 CFR 570.496a, or the Uniform Relocation Act, 24 CFR Part 24, at the election of the tenant. County of Butte 89-STBG-358 ATTACHMENT B Page 2 of 2 Prior to the drawdown of program activity funds the Grantee shall file with the Department a "Residential Antidispiacement and Relocation Assistance Plan" as required by 24 CFR 570.496a. The plan must be on forms provided by the Department and contain: (a) the requirement to replace all low-moderate income dwelling units that are demolished or converted to a use other than low-moderate income housing; and (b) a relocation assistance component which discusses both the provision of temporary and permanent relocation assistance to person displaced as a result of CDBG funded activities. In addition to the above requirements, the provisions of the Uniform Relocation Act, 24 CFR Part 24, apply to the use of funds in this program. 3. In order to comply with the provisions of the Housing and Urban Rural Economic Recovery, Act of 1983 (HR 1), the Grantee shall not attempt to recover any capital costs of the public improvement assisted by CDBG funds by assessing any amount against properties owned and occupied by targeted income group households, unless: (1) CDBG funds are used to pay the assessment for the targeted income group households, or (2) the CDBG funds are used to pay the assessment for the lowest targeted income group households (50% of the County median income or below} and the Grantee certifies to the State that it lacks sufficient CDBG funds to pay the assessment of alI targeted income group households {above 50% of median). 4. The Grantee will report on the value of other contributions included as a leverage to the activity on a quarterly basis. Required contributions to be reported on, as descn'bed in the application are: EPA $2,164,8b6 SWRCB 1,b77,843 FmHA {loan) _,., 412,800 {loan} TOTAL $4,255,509 5. No time extensions of this contract will be allowed. • County of Butte ~ ATTACHMENT C #89-STBG-358 Page 1 of 1 Labor Standards 1. State Labor Standards Provisions All contractors and subcontractors shall give the foIlowing certification to the Grantee and forward this certification to the Grantee within 14 days after the execution of any contract or subcontract. A. "I am aware of the provisions of Section 1720 et sec . 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." B. "I am aware of the provisions of Section 37{}0 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 I will comply with such provisians before commencing the performance of the Work of this contract." C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, 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 or mare than 40 hours in any calendar week and is not paid 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 alI contractors/subcontractors of the Grantee engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or 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 5a, 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 aiI 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 Sa.3. County of Butte_ ATTACHMENT D #89-STBG-358 Page 1 of 2 Equal Opportunity 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 or employment, denied program benefits, ar be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program ar activity funded by this contract, as required by Title VI of the Civil Rights Act of 1954, Title I of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973, and all implementing regulations. 2. The Traini a) The work to be performed under- this Agreement is on a project assisted under 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 1958, as amended, 12 U.S.C. 1701u. 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 Wark in connection with the project be awarded to business concerns which are located in, ar owned in substantial part by persons residing in the area of the project. b) The parties to this Agreement 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 tb the execution of #his contract. The parties to this contract certify and agree that they are under no contractual ar 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 ar other contract ar 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 applicants far 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, stake appropriate action pursuant to the contract upon a finding that the Grantee or any contractor or subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Grantee ar contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. County of Butte #89-STBG-3S8 ATTACHMENT D Page2of2 e} Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and 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 24 CFR Part 135. 3. State Nondiscrimination Clause: a) During the performance of this contract, the recipient, contractor and its subcontractors shaIl 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 origin, 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 Code Section 12904 et secs.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section " 7285.0 et sec .), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Cade (Government Code Sections 11135-11139.5) and the regulations or standards adapted 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 perform work under the contract. 4. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,040 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 11246), the Standard Equal Employment Opportunity, Construction Contract Specifications. Grantee furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. Grantee shall refer to Chapter V of the State CDBG Grant Management Manual ar shall contact the State for further guidance regarding compliance with this requirement. County of Butte ##89-STBG-358 Other Required Federal Provisions 1. Flood Disaster Protection: I'TACHMENT E Page 1 of 3, 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{d) 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 mandatary purchase of flood insurance requirements of Section 102{a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall 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 1968, as amended, 42 U.S.C. 4001 et sere ., 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 102{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 funded with assistance provided under this Agreement. 2. Lead-Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HLTD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential stnactures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under Section 35.14{f) thereof. 3. Com ]lance with Air and Water Acts: This Agieement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et sec ., the federal Water Pollution Control Act, as amended, 33 USC 1251 et sec ., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In 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 #89-STBG-358 ~~ ATTACHMENT 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 is 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 30$ 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 al] regulations and guidelines issued thereunder. c) A stipulation that as a condition for 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 ar to be utilized for the contract is under cansideratiom to be listed on the EPA List of Violating Facilities. d) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (a} through (d) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means o£ enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a~ conviction under Section 11.3(c)(1) of the Clean Air Act or Section 309(c) of the federal Water Pollution Control Act. 4. Obli ations of Grantee with Respect to Certain Third Part! ,Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking 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 Agreement or to any benefit to arise from the same. .' County of Butte ATTACHMENT E #89-STBG-358 Page 3 of 3 6. Interest of Members, Officers, or Em~lavees of Contractors, Members of Local Governing Bodes or other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, na 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 ar far one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, far Work to be performed in connection with the program assisted under the Agreement. The Grantee 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 Against Payments 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 the 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 I974, 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.