Purchase of Services Agreement_Opening Doors for Emerg & Transitional Housingubuque
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June 19, 2009
T®: The Honorable Mayor and City Council Members
FR®IVi: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement - FY10
Opening Doors for Emergency & Transitional Housing
The adopted Fiscal Year 2010 City Community Development Block Grant (CDBG)
operating budget provides payment of $10,000 to Opening Doors for emergency and
transitional housing.
Housing and Community Development Manager David Harris is recommending
that the City Council approve the attached Purchase of Service Agreement with
Opening Doors for operating costs for operational costs for Teresa Shelter, an
emergency shelter for 28 women and children, and Maria House, a transitional facility
the houses up to 18 women and children.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M chael C. Van Milligen
MCVM/jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
David Harris, Housing and Community Development Department Director
CITY ®F ®UUQUE, I®WA
AN
PENING ®®®RS
C®MMUNITY ®EVEL®PMENT L®CaC GRANT AGR EMENT
FY 10 EMERGENCY AN® TRANSITI®NAL W®USING
AN® SERVICES
THIS AGREEMENT, executed on the day of 2009 is made and entered into
by and between the City of Dubuque, Iowa (Recipient), a municipal corporation
organized and existing under the laws of the State of Iowa, and Opening Doors, with its
principal place of business in Dubuque, Iowa (Subrecipient).
.Whereas, Recipient is a participating city in the Community Development Block
Grant Program of the United States Department of Housing and Urban Development;
and
Whereas, Subrecipient is willing to provide the services to Recipient set forth
herein upon the terms and conditions set forth herein.
NOW THEREF®RE, the parties hereto agree as follows:
Scope of Service:
Subrecipient shall:
a. Provide the services to eligible residents of the City of Dubuque in a
manner satisfactory to Recipient and consistent with any standards
required as a condition, of providing these funds. Such program
shall include the following activities eligible under the Community
Development Block Grant Program: Operating costs for emergency
and transitional housing and services for women and children at
Teresa Shelter and Maria House.
In the event of a conflict between Subrecipient's proposals and the
provisions hereto attached, that provision which in the judgment of
Recipient provides the greatest benefit to Recipient shall prevail.
Failure of Subrecipient to provide any of the services proposed
shall be deemed a material breach of this Agreement.
National Objective
Subrecipient cer#ifies and maintains documentation that the activities
carried out with funds provided under this Agreement will meet the CDBG
program's National Objectives as stated:
570.208(a)(2) Activities benefiting low and moderate income persons;
Benefit to a clientele (homeless persons) who are generally presumed to
be principally low-moderate income persons; and requires reporting
information on ethnic origin, homeless status, and female head of
household status for participants served.
III. Project Budget
The total compensation to be paid to Subrecipient by Recipient for the
services shall in no event exceed the sum of $10,000.
Any indirect costs charged must be consistent with the conditions of
Section II (C)(3) of attached Exhibit A, Standard Requirements. In
addition, Recipient may require a more detailed budget breakdown, and
Subrecipient shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by Recipient. Recipient
and the Subrecipient must approve any amendments to this Agreement in
writing.
IV. Dates of Commencement and Completion:
The services to be provided under this Agreement shall be commenced on
July 1, 2009 and shall be completed not later than June 30, 2010.
Recipient's right to enforce the terms of this Agreement shall be extended
to cover any additional time during which Subrecipient remains in control
of CDBG funds or other assets including program income.
V. Agreement Documents and Provisions
Subrecipient shall perform or arrange for the provision of services under
this Agreement in the manner and time provided herein and in accordance
with the Community Development Block Grant Program, including the
Standard Requirements in Exhibit A herein attached and made a park of
this agreement.
VI. Payment
A. !t is expressly agreed and understood that the total amount to be
paid by Recipient under this Agreement shall not exceed the
amount stated in Section III. Such amount shall be paid upon
written request on the Request for Payment form; with proof
satisfactory to Recipient of expenses. Drawdowns for payment of
eligible expenses are reimbursement only and shall be made
against budgeted items only.
B. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
C. Payments are contingent upon certification of Subrecipient's
financial management system in accordance with the standards
specified in OMB Circular A-110, the provisions of which are
available in the office of Recipient.
VII. Insurance.
At the time of execution of this Agreement by Subrecipient, Subrecipient
shall provide Recipient with copies of Subrecipient's insurance certificates
showing general liability, automobile liability, and workers compensation
insurance coverage to the satisfaction of Recipient for the term of this
Agreement.
VIII. Reporting and Monitoring.
Subrecipient shall render to Recipient a quarterly written report detailing
its activities. Quarterly reports shall be submitted no later than the 15t" of
the month in October, January, April and July.
Subrecipient shall submit a measurable performance outcome for the
funded activity when submitting the quarterly report, as follows:
Provide 225 persons with new access to transitional and emergency
housing and services for the purpose of providing decent housing.
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal officials,
for the purpose of monitoring Subrecipient's delivery of services and
compliance with terms of the agreement and federal standards that pertain
to federally funded grant activities. Review may include accounting books
and records for financial management and documentation of program
costs. The reviewers shall have access to and the right to examine, audit,
excerpt and /or transcribe any of Subrecipient's records pertaining to all
matters covered by this Agreement. Subrecipient shall be subject to
subsequent site visits to review correction of any deficiencies in
compliance.
Recipient shall monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as
determined by Recipient shall constitute noncompliance with this
agreement. If action to correct such substandard performance is not
taken by Subrecipient within a reasonable period of time after being
notified by Recipient, contract suspension or termination procedures shall
be initiated.
IX. Termination of Agreement.
This agreement may be terminated by either party by giving the other
party a written, ninety (90) day notice of such termination or upon such
other terms as may be mutually agreeable.
If, through any cause, Agency shall fail to fulfill (n a timely and proper
manner its obligations under this Agreement or if Agency shall violate any
of the covenants, agreements, or stipulations of this Agreement, City shall
have the right to terminate this Agreement by giving written notice to
Agency of such termination not less than five (5) days before the effective
date of such termination.
X. Assignability.
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
XI. Notices.
Communication and details concerning this agreement shall be directed to
the following contract representatives:
Recipient Subrecipient
Aggie Tauke Attention:
Community Development Specialist Michelle Brown
Housing and Community Development Opening Doors
1805 Central 1561 Jackson
Dubuque, Iowa 52001 Dubuque, IA .52001
IN WITNESS WHEREOF, the parties have executed this agreement, with the
referenced attachment Exhibit A, as of the date first written above.
Wit ssed City of ~ ubuq e, Iowa
anne F. Schneider, City Clerk Roy ['Buol, Mayor
Opening Doors
`' ,vex-,-~.~;,:~--~.,~? h _
Michel own, Executive Director
F:\USERSWTAUKE\CDBG\CDBG Contracts\Opening Doors\10 Opening Doors services agrmt.doc
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I. GENERAL CONDITIONS ......................................................
A. General Compliance ...................................................
B. Independent Contractor ..............................................
C. Hold Harmless ............................................................
D. Workers' Compensation .............................................
E. Insurance and Bonding ...............................................
F. Grantor Recognition ....................................................
G. Amendments ...............................................................
H. Suspension or Termination .........................................
II. ADMINISTRATIVE REQUIREMENTS ..................................
A. Financial Management ...............................................
1. Accounting Standards ......................................
2. Cost Principles .................................................
B. Documentation and Recordkeeping ...........................
1. Records to be Maintained ................................
2. Retention ..........................................................
3. Client Data .........................................................
4. Disclosure ........................................................
5. Property Records .............................................
6. National Objectives ..........................................
7. Closeouts .........................................................
8. Maintenance of Records and Right to Inspect.
C. Reporting and Payment Procedures ..........................
1. Program Income ..............................................
2. Payment Procedures .......................................
3. Indirect Costs ...................................................
4. Progress Reports .............................................
D. Procurement ...............................................................
1. Compliance ......................................................
2. OMB Standards ...............................................
3. Travel ...............................................................
III. RELOCATION, ACQUISITION AND DISPLACEMENT
IV. PERSONNEL AND PARTICIPANT CONDITIONS ...............
A. Civil Rights ..................................................................
1. Compliance ......................................................
2. Nondiscrimination ............................................
3. Section 504 ......................................................
B. Affirmative Action ........................................................
1. Approved Plan .................................................
2. W/MBE .............................................................
3. Access to Records ...........................................
4. Notifications .....................................................
5. EEO/AA Statement ..........................................
6. Subcontract Provisions ....................................
C. Employment Restrictions ............................................
1. Prohibited Activity ............................................
2. OSHA ...............................................................
3. Labor Standards ..............................................
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4. "Section 3" Clause .......... ............................................................................................6
a. Compliance .......... ............................................................................................6
b. Notifications .......... ............................................................................................6
c. Subcontracts ........ ............................................................................................6
D. Conduct ...................................... ............................................................................................7
1. Assignability .................... ............................................................................................7
2. Hatch Act ........................ ............................................................................................7
3. Conflict of Interest ........... ............................................................................................7
4. Subcontracts ................... ............................................................................................7
a. Approvals ............. ............................................................................................7
b. Monitoring ............ ............................................................................................7
Content ................. ............................................................................................7
d. Selection Process ............................................................................................7
5. Religious Organization .... ............................................................................................8
V. ENVIRONMENTAL CONDITIONS ....... ............................................................................................8
A. Air and Water ............................. ............................................................................................8
B. Lead Based Paint ...................... ............................................................................................8
C. Historic Preservation .................. ............................................................................................8
VI
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
GENERAL CONDITIONS
A. General Compliance
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 these regulations. The Subrecipient further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient
agrees to comply with all applicable federal, state and local laws and regulations governing the
funds provided under this contract.
B. Independent Contractor
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 contractor with respect to the services to be
performed under this Agreement. The Recipient 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 contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Recipient from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's
performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees
involved in the performance of this contract.
E. Insurance and Bonding
The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities
as are in keeping with the current insurance program of Recipient.
The Subrecipient shall comply with the bonding and insurance requirements of OMB Circular A-
110, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall insure recognition of the role of the Recipient in providing services through
the contract. All activities, facilities and items utilized pursuant to this contract 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 available under this
contract.
G. Amendments
Recipient 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. Such amendments shall not invalidate this
Agreement, nor relieve or release Recipient or Subrecipient from its obligations under this
Agreement.
Recipient may, in its discretion, amend this Agreement to conform with federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. 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 Recipient and Subrecipient.
H. Suspension or Termination
Either party may terminate this contract at any time by giving written notice to the other party of
such termination and specifying the effective date thereof at least thirty (30) days before the
effective date of such termination. Partial termination of the Scope of Service in Paragraph 1 of
the Agreement may only be undertaken with the prior written approval of Recipient. 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 Recipient, become the property of the Recipient, and
Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or material prior to the termination but in no event shall
Subrecipient receive more than the amount specified in Paragraph II.
Recipient may also suspend or terminate this Agreement, in whole or in part, if 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 Recipient may declare the Subrecipient ineligible for any
further participation in Recipient contracts, in addition to other remedies as provided by law. In
the event there is probable cause to believe the Subrecipient is in noncompliance with any
applicable rules or regulations, the Recipient may withhold up to fifteen (15) percent of said
contract funds until such time as the Subrecipient is found to be in compliance by the Recipient,
or is otherwise adjudicated to be in compliance.
II. ~4DMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-110 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate and effective
internal financial controls, and maintain necessary source documentation for all costs
incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circular A-122,
"Cost Principles for Nonprofit 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 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, and
f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110.
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under this
contract for a period of five (5) years after the termination of all activities funded under this
Agreement. Records for non-expendable property acquired with funds under this contract
shall be retained for three (3) years after final disposition of such property. Notwithstanding
the above, if there is litigation, claims, audits, negotiations or other actions that involve any
of the records cited and that have started before the expiration of the three-year period,
2
then such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the three-year period, whichever occurs later.
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 services provided. Such
information shall be made available to Recipient monitors or their designees for review
upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is
private and the use or disclosure of such information, when not directly connected with the
administration of the Recipient's or Subrecipient's responsibilities with respect to services
provided under this contract, is prohibited by law unless written consent is obtained from
such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
5. Property Records
The Subrecipient shall maintain property inventory records that clearly identify items
purchased or sold.
6. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the activities
carried out with funds provided under this contract 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 slum or blights, and (3) meet community development needs
having a particular urgency - as defined in 24 CFR Part 570.208.
7. Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout requirements are
completed. Activities during this closeout 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 Recipient, and determining the custodianship of records).
8. Maintenance of Records and Right to Inspect.
Subrecipient will keep and maintain books, records and other documents relating directly
to the receipt and disbursement of loan funds and job creation for a period of three years;
and any duly authorized independent accounting representative of Recipient, or the
Comptroller General of the United States, shall at all reasonable times have access to and
the right to inspect, copy, audit and examine all such books and other documents of
Subrecipient pertaining to the project until the completion of all closeout procedures
respecting Recipient's loan and the final settlement and conclusion of all issues arising out
of said loan.
C. Reporting and Payment Procedures
1. Program Income
Except as specified below, Subrecipient will pay to Recipient all program income earned
prior to or received following termination of this Agreement. Program income may be
retained by Subrecipient if utilized for qualifying project expenses.
2. Payment Procedures
The Recipient will pay to the Subrecipient funds available under this contract based upon
information submitted by the Subrecipient and consistent with any approved budget and
Recipient policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by the Subrecipient. Payments will be
adjusted by the Recipient in accordance with advance fund and program income balances
available in Subrecipient accounts. In addition, the Recipient reserves the right to liquidate
funds available under this contract for costs incurred by the Recipient on behalf of the
Subrecipient.
3
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan
for determining the appropriate Subrecipient's share of administrative costs and shall
submit such plan to the Recipient for approval, in a form specified by the Recipient.
4. Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy concerning the purchase of
equipment and shall maintain inventory records of all nonexpendable 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 Recipient
upon termination of this Agreement unless addressed under another agreement as
provided or continued for use for CDBG eligible activities.
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, as modified by 24 CFR.502 (b)(6)
covering utilization and disposal of property.
3. Travel
The Subrecipient shall obtain written approval from the Recipient for any travel outside the
metropolitan area to be paid for with funds provided under this contract.
III. 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,
families, individuals, businesses, nonprofit organizations and farms occurring as a direct
result of any acquisition of real property utilizing grant funds. The Subrecipient agrees to
comply with applicable Recipient ordinances, resolutions and policies concerning
displacement of individuals from their residences.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient shall comply with all federal regulations in effect as of the date of this
Agreement as they apply to federally assisted programs and activities of the Department
of Housing and Urban Development including, but not limited to Title VI of the Civil Right
Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104
(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5309) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), 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. Recipient shall furnish, upon written request of the
Subrecipient, copies of said regulations as provided by the Department of Housing and
Urban Development.
2. Nondiscrimination.
In carrying out the project, Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, ancestry, national origin,
sex, age or disability or other handicap, marital/familial status, or status with regard to
public assistance. The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment practices
include, but not be limited to, the following: hiring, upgrading, demotion, transfer;
recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of
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compensation; and selection for training, including apprenticeship. Subrecipient shall post
in a conspicuous place, available to employees and applicants for employment, notices to
be provided by Recipient setting forth the provisions of this nondiscrimination clause.
3. 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
Recipient shall provide the Subrecipient with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this contract.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Recipient's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1965. The Recipient shall provide
Affirmative Action guidelines to the Subrecipient to assist in the formation of such program.
The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds.
W/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
contract. As used in this contract, the term "minority and female 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 Americans, Spanish speaking, Spanish surnamed or Spanish heritage Americans,
Asian Americans and American Indians. The Subrecipient may rely on written
representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors
to furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the Recipient, 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 contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's
representative of the Subrecipient's commitments hereunder, and shall post copies 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 X A, Civil Rights, and B,
Affirmative Action, in every subcontractor purchase order, specifically or by reference, so
that such provisions will be binding upon each Subrecipient or vendor.
C. Employment Restrictions
1. Prohibited Activity
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, and nepotism activities.
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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 be participants' health or safety.
Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of the Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Contract 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 contract. The
Subrecipient shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the
Recipient 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
contractors engaged under contracts in excess of $2,000 for construction, renovation or
repair of any building or work financed in whole or in part with assistance provided under
this contract, shall comply with federal requirements adopted by the Recipient pertaining to
such contracts 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
contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
4. "Section 3" Clause
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 contract, shall be a condition of the federal financial assistance provided under
this contract and binding upon the Recipient, the Subrecipient and any
subSubrecipients. Failure to fulfill these requirements shall subject the Recipient,
the Subrecipient and any subSubrecipients, 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 contract 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 contracts 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 area of the project."
The Subrecipient certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
b. Notifications
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The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract 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
subSubrecipient is in violation of regulations issued by the Grantor Agency. The
Subrecipient will not subcontract with any subSubrecipienttyhere is 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 subSubrecipient 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 Recipient thereto; provided, however, that claims for money due or
to become due to the Subrecipient from the Recipient under this contract 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 Recipient.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this
contract, 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.
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 contract. The Subrecipient
further covenants that in the performance of this contract 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 Recipient, 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 contract without the written consent of the Recipient 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 contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this
agreement.
Selection Process
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The Subrecipient shall undertake to insure 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 Recipient
along with documentation concerning the selection process.
5. Religious Organization
The Subrecipient agrees that funds provided under this contract 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 570.200(j).
V. ENVIRONMENTAL CONDITIONS
A. Air, Water and Solid Waste
- The Subrecipient agrees to comply with the following regulations insofar as they apply to the
performance of this contract:
- Clean Air Act, 42 U.S.C., 7401, ET seq.
- Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., 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
hereunder.
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended.
- The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as
amended
- National Environmental Policy Act of 1969
- HUD Environmental Review Procedures (24 CFR, Part 58).
- 42,U.S.C. 6901 et seq., as amended
B. Lead Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at
24 CFR 570.608, and 24 CFR Part 35. 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 and the advisability and
availability of blood lead level screening for children under seven. The notice should also point
out that if lead-based paint is found on the property, abatement measures may be undertaken.
C. 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 contract.
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.
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