HomeMy WebLinkAboutFEOC - CDBG - Fresno Street Saints Progam - 2018 0-2-2A- )S
CITY OF FRESNO
COMMUNITY DEVELOPMENT BLOCK SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this 2-1 day of NdvdA� x2018 by and between the
City of Fresno, California, a municipal corporation, acting by and through its
Development and Resource Management — Housing and Community
Development Division, (GRANTEE) and Fresno Economic Opportunities
Commission (SUBRECIPIENT).
WHEREAS, the U.S. Department of Housing and Urban Development,
hereinafter referred to as "HUD", provides funding under its Community
Development Block Grant Program, hereinafter "CDBG", as authorized under
Title I of the Housing and Community Development Act of 1974, as amended,
and implemented under Title 24 of the Code of Federal Regulations, hereinafter
collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, GRANTEE is a recipient of CDBG funding for fiscal year 2019
for use in funding eligible activities furthering established national objectives to
benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2015-2019 Consolidated
Plan and FY 2019 Annual Action Plan, as amended, desires to provide CDBG
funds to SUBRECIPIENT, for activities and services, as more fully described in
Exhibit A, Scope of Services, upon the terms and conditions in this Agreement;
and
WHEREAS, pursuant to City Resolution No. 2018-130, the City Manager
is authorized to execute CDBG Agreements, on behalf of GRANTEE, that are
within available allocated CDBG funding and in a standard form approved by the
City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on January 01, 2019, and unless
terminated earlier pursuant to the terms of this Agreement, shall continue until
December 31, 2019. The term of this Agreement and the provisions herein shall
be extended to cover any additional time period during which SUBRECIPIENT
remains in control of CDBG funds or other CDBG assets, including Program
Income.
2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner
satisfactory to GRANTEE and consistent with any standards required as a
condition of providing these funds. GRANTEE will also perform the services set
forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by
reference herein and made a part hereof.
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SUBRECIPIENT shall administer the Program for the whole of the term of the
Agreement. SUBRECIPIENT shall administer the Program in compliance with
the CDBG requirements and in a manner that meets the CDBG national
objective(s)of 24 CFR 570.208.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and
performance standards as stated above. Substandard performance as
determined by GRANTEE will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by SUBRECIPIENT
within a reasonable amount of time after being notified by GRANTEE, contract
suspension or termination procedures will be initiated.
3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form
acceptable to GRANTEE, a performance report summarizing the number of
unduplicated persons served, including race, ethnicity, and income data. The
performance report shall be submitted within thirty days of the close of each
quarter.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are
clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Fresno Economic Opportunities
Commission
■ Subrecipient ID (DUNS): 078788023
Federal Award Identification Number: B-18-MC-06-0001
Federal Award Date: 09/12/2018
Period of Performance: January 01, 2019— December 31, 2019
Y Federal Funds Obligated by this Agreement: CDBG
• Total Federal Funds Obligated to SUBRECIPIENT: $36,215
• Total Amount of the Federal Award: $6,904,510
Federal Award project description: See Exhibit A— Scope of Work
• Name of Federal awarding agency: Dept. of Housing Urban
Development
Name of pass-through entity: City of Fresno, California
Award Official Contact Information: See Section 18 — Notices
• CFDA Number: 14.218
• CFDA Name: Community Development Block Grant
• Identification of R&D: No
• Indirect cost rate for the Federal award: 10%
SUBRECIPIENT shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities funded under this
Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the
National Objectives of the CDBG program;
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c) Records required to determine the eligibility of activities;
d) Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e) Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 as amended by 24
CFR 570.502, and
g) Other records necessary to document compliance with Subpart K of
24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other
documents related to the Program for a period of three years from the date of the
close out of this Agreement, except in the following cases:
If any litigation, claim, or audit is started before the expiration of the
three year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved
and final action taken.
When the SUBRECIPIENT is notified in writing by the GRANTEE to
extend the retention period.
Records for real property and equipment acquired with Federal
funds must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this
Agreement to determine compliance with this Agreement and CDBG
requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal
auditors authorized by GRANTEE and shall make available all information,
documents, and records reasonably requested and shall provide GRANTEE the
reasonable right of access to both records and personnel during normal business
hours for the purpose of assuring compliance with this Agreement and evaluating
performance hereunder. The rights of access in this section are not limited to the
required retention period but last as long as the records are retained.
4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with
the Proposed Budget attached hereto as Exhibit "B" and incorporated herein.
SUBRECIPIENT's sole source of compensation hereunder will be in the form of a
grant of CDBG funds as described herein. It is expressly agreed and understood
that the total amount to be paid by GRANTEE under this Agreement shall not
exceed $36,215. SUBRECIPIENT shall submit to GRANTEE a request for
payment, in a form acceptable to GRANTEE, on a monthly basis for the term of
the Agreement. Said request shall be accompanied with supporting
documentation, including but not limited to paid receipts, invoices and
timesheets, to allow GRANTEE to determine compliance with applicable federal
regulations, including cost allowability.
CDBG Subrecipient Agt 2018—4/5/18 3
GRANTEE shall pay all approved requests for payment pursuant to this
Agreement within the normal course of business, typically within forty-five days of
receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within
ten business days GRANTEE will provide written notification to SUBRECIPIENT
of the disallowance, including any corrective action necessary to process
payment.
All funds are paid contingent upon SUBRECIPIENT's continuous compliance
with all applicable, uniform administrative requirements, program regulations, and
recapture and reversion requirements set out in the Act. Any unearned or
recaptured CDBG funding shall be returned to GRANTEE within thirty days of the
earlier of termination of this Agreement or notice by GRANTEE. Any interest
earned or received by SUBRECIPIENT thereon shall be remitted to the
GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with
each request that states the following: "By signing this report, I certify to the best
of my knowledge and belief that the report is true, complete, and accurate, and
the expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Federal award. I am aware
that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title
31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG funds is
subject to the control of HUD, or other federal agencies, and should the CDBG
funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE,
whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in
any fiscal year hereunder fail to allocate CDBG funds, GRANTEE shall not
provide said funds unless and until they are made available for payment to
GRANTEE by HUD and GRANTEE receives and allocates said funds. No other
funds owned or controlled by GRANTEE shall be obligated under this Agreement
to the Project(s).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG funds
governed by this Agreement shall be considered CDBG program income. All
CDBG program income (as defined at 24 CFR 570.500(a)) shall be retained by
SUBRECIPIENT for the term of this Agreement. The use of all CDBG program
income is reserved specifically for services outlined in the Scope of Work and is
subject to the terms of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative
Requirements found in the U.S. federal regulations at 2 CFR Part 200.
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SUBRECIPIENT shall establish and maintain effective internal control over
CDBG funds made available through this Agreement to provide reasonable
assurance that the Program is administered in compliance with applicable federal
statutes, regulations, and the terms and conditions of this Agreement. This
includes evaluation and internal monitoring of the Program and prompt,
appropriate action when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and
open competition that meets the minimum standards of the U.S. federal
regulations at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected
personally identifiable information and other information GRANTEE designates
as sensitive consistent with applicable Federal, state and local laws regarding
privacy and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this Agreement. As
used in this Agreement, the terms "small business" means a business that meets
the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632), and "minority and women's business enterprise" means a business
at least 51% owned and controlled by minority group members or women.
SUBRECIPIENT may rely on written representations by businesses regarding
their status as minority and female business enterprises in lieu of an independent
investigation.
SUBRECIPIENT is prohibited from using CDBG funds or personnel employed in
the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other
applicable Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at
29 CFR Part 5. SUBRECIPIENT shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part.
SUBRECIPIENT agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all
federal awards received and expended and the federal programs under which
they were received, including:
CDBG Subrecipient Agt 2018—4/5/18 5
• The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal agency, and
• Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and
procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and
conditions of this Agreement and the federal cost principles
published in the U.S. federal regulations at 2 CFR 200 Subpart E;
• Effective control over, and accountability for, all funds, property,
and other assets to ensure all assets are safeguarded and they are
used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income
and interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT
shall provide to GRANTEE a certification stating the total amount of federal
awards expended in the fiscal year. The certification shall be signed by an
authorized official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in
accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT
expends $750,000 or more in federal awards during any fiscal year that overlaps
with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit
to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar
days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of
the audit available for public inspection for three years from the date of
submission to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this
Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDGB funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination. The use and disposition of real
property and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR 570.502-504, as applicable.
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of
interest and governing the performance of its employees engaged in the
selection, award and administration of contracts. The standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a
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parent, affiliate, or subsidiary organization, the standards of conduct must cover
organizational conflicts of interest to ensure SUBRECIPIENT is able to be
impartial in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an
employee, agent, consultant, officer, or elected official or appointed official of
SUBRECIPIENT. No covered persons who exercise or have exercised any
functions or responsibilities with respect to CDBG activities assisted under this
part, or who are in a position to participate in a decision making process or gain
inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG-assisted activity, or have a financial interest in any contract,
subcontract, or agreement with respect to a CDBG-assisted activity, or with
respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure
or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of
Conflict of Interest From included as Exhibit "D". Upon written request,
GRANTEE may grant an exception to the conflict of interest provisions on a
case-by-case basis.
10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all
applicable City, State, and Federal guidelines including, but not limited to the
following federal program requirements as now in effect and as may be amended
from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires
that no person in the United States shall on the grounds of race, color, national
origin, religion, or sex be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal
financial assistance made available pursuant to the Act. Section 109 also directs
that the prohibitions against discrimination on the basis of age under the Age
Discrimination Act and the prohibitions against discrimination on the basis of
disability under Section 504 shall apply to programs or activities receiving
Federal financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as
amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as
described in Executive Order 13279 and the implementing regulations at 41 CFR
chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u)
and implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this
part apply.
CDBG Subrecipient Agt 2018—4/5/18 7
Exclusion of Debarred and Suspended Contractor requirements as described in
2 CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to
apply for CDBG benefits, including financial assistance, public services, jobs and
access to new or rehabilitated housing and other facilities made available with
CDBG. Benefits do not include relocation services and payments to which
persons displaced are entitled by law(24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed
by this Agreement that meets the definition of"residential structure" as defined in
24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is
subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C.
4151-4157) and shall comply with the Uniform Federal Accessibility Standards
(appendix A to 24 CFR part 40 for residential structures, and appendix A to 41
CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218
and 225) (ADA) provides comprehensive civil rights to individuals with disabilities
in the areas of employment, public accommodations, State and local government
services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as
set forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable
administrative actions and all required work of the Agreement have been
completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE,
SUBRECIPIENT shall complete the following actions no later than thirty calendar
days after the end date of the term of this Agreement:
■ Submit, all financial, performance, and other reports as required by
the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and
• Transfer to GRANTEE any accounts receivable attributable to the
use of CDBG funds, including CDBG program income.
Notwithstanding the expiration or earlier termination of this Agreement,
SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout
requirements are completed. The following obligations of SUBRECIPIENT shall
survive the termination of this Agreement:
SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to
SUBRECIPIENT'S activities and costs under this Agreement;
the obligation to repay to GRANTEE any CDBG proceeds
improperly disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;
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• any other obligations which cannot by their nature be performed
until after the expiration of the Agreement such as the submittal of
final payment request and performance reports.
Any real or personal property purchased in whole or in part with CDBG funds
provided under this Agreement are subject to the following requirements that
shall survive the termination of this Agreement:
Insurance and reporting requirements regarding real and personal
property acquired with federal funds in accordance with the uniform
administrative requirements contained in the U.S. federal
regulations published at 2 CFR Part 200; and
For real property under SUBRECIPIENT's control that was
acquired or improved in whole or in part with CDBG funds in excess
of $25,000, said property shall be used to meet one of the national
objectives in 24 CFR 570.208 for five years after close out of this
Agreement. If the property is disposed of within five years of the
close out of this Agreement, SUBRECIPIENT shall reimburse
GRANTEE the a percentage of the current fair market value of the
property equal to the percentage of CDBG funds expended to the
overall acquisition and improvement cost of the property.
12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party
if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and
upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if
SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper
manner its obligations under this Agreement, ineffectively or improperly use
funds provided under this Agreement, or if SUBRECIPIENT shall violate any of
the covenants, agreements, or stipulations of this Agreement, GRANTEE shall
thereupon have the right to terminate this Agreement by giving written notice to
SUBRECIPIENT of such termination and specifying the effective date thereof, at
least five days before the effective date of such termination. In such event, all
finished or unfinished documents and reports prepared by SUBRECIPIENT
under this Agreement shall, at the option of GRANTEE, become its property and
SUBRECIPIENT shall be entitled to receive just and equitable payment for any
satisfactory work completed subject to the limitations of this Agreement.
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of
all potential conflicts of interest and violations of criminal law involving fraud,
bribery, or gratuity violations potentially affecting this Agreement. Failure to make
required disclosures can result in termination of the Agreement and suspension
or debarment from future federal awards.
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14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT
concerning GRANTEE under this Agreement shall not be made available to any
individual or organization by SUBRECIPIENT without first submitting them to
GRANTEE.
15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and City laws, ordinances and codes. Should a Project receive
additional funding after the commencement of this Agreement, SUBRECIPIENT
shall notify GRANTEE in writing within thirty days of receiving notification from
the funding source and submit a cost allocation plan for approval by GRANTEE
within forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code
of Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)) including
subpart K of these regulations, except that (1) SUBRECIPIENT does not assume
the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) SUBRECIPIENT does not assume the recipient's responsibility for initiating
the review process under the provisions of 24 CFR Part 52. SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for
all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set
forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient
insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or
agreement subject to each provision of this Agreement and applicable City, State
and Federal guidelines and regulations. Prior to execution of any subcontract
hereunder, such subcontracts must be submitted by SUBRECIPIENT to
GRANTEE for its review and approval, which will specifically include a
determination of compliance. None of the work or services covered by this
Agreement, including but not limited to consultant work or services, shall be
subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior
written approval.
16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as
an independent contractor. Neither SUBRECIPIENT, nor any of its officers,
agents or employees shall be deemed an officer, agent, employee, joint venturer,
partner or associate of GRANTEE for any purpose. GRANTEE shall have no
right to control or supervise or direct the manner or method by which
SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall
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retain the right to administer this Agreement so as to verify that SUBRECIPIENT
is performing its obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between
SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to
bind GRANTEE absent GRANTEE's express written consent. Except to the
extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own
costs and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its
officers, agents and employees shall have absolutely no right to employment
rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall
be solely liable and responsible for all payroll and tax withholding and for
providing to, or on behalf of, its employees all employee benefits including,
without limitation, health, welfare and retirement benefits. In addition, together
with its other obligations under this Agreement, SUBRECIPIENT shall be solely
responsible, indemnify, defend and save GRANTEE harmless from all matters
relating to employment and tax withholding for and payment of SUBRECIPIENT's
employees, including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers compensation
benefits, and all other laws and regulations governing matters of employee
withholding, taxes and payment; and (ii) any claim of right or interest in
GRANTEE employment benefits, entitlements, programs and/or funds offered
employees of GRANTEE whether arising by reason of any common law, de
facto, leased, or co- employee rights or other theory. It is acknowledged that
during the term of this Agreement, SUBRECIPIENT may be providing services to
others unrelated to GRANTEE or to this Agreement.
17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section
2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE
and each of its officers, officials, employees, agents and volunteers from any and
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
Contract, tort or strict liability, including, but not limited to personal injury, death at
any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any
other person, and from any and all claims, demands and actions in law or equity
(including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly out of performance of this Agreement.
SUBRECIPIENT's obligations under the preceding sentence shall apply
regardless of whether GRANTEE or any of its officers, officials, employees,
agents or volunteers are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or
sole negligence, or willful misconduct, of GRANTEE or any of its officers,
officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to
be performed under this Agreement, SUBRECIPIENT shall require each
SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend
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GRANTEE and each of its officers, officials, employees, agents, and volunteers
in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details concerning this Agreement shall be directed to the
following contract representatives:
GRANTEE SUBRECIPIENT
City of Fresno FEOC
Development and Resource C/O Brian Angus, CEO
Management Department, Housing 1920 Mariposa Mall, Suite 300
and Community Development Division Fresno, CA 93721
2600 Fresno Street Room 3076
Fresno, CA 93721
19. AMENDMENTS
GRANTEE 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 each
organization, and approved by the GRANTEE's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the
GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
GRANTEE 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 GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement
without the prior written consent of the GRANTEE.
21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of
this Agreement shall not be affected thereby to the extent such remaining
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provisions are not rendered impractical to perform taking into consideration the
purposes of this Agreement.
22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce
or interpret any term, covenant or condition of this Agreement, the prevailing
party will be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and
provisions of this Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective nominees, heirs, successors, assigns, and
legal representatives.
24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute
one instrument. The execution of this Agreement by any party hereto will not
become effective until counterparts hereof have been executed by all parties
hereto.
25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity. All powers and
remedies given by this Agreement shall be cumulative and in addition to those
otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties
with respect to the subject matter hereof. This Agreement supersedes all prior
negotiations, representations or agreements, either written or oral. This
Agreement may be modified or amended only by written instrument duly
authorized and executed by both GRANTEE and SUBRECIPIENT.
28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and
costs of collection and enforcement, including reasonable attorney's fees,
incurred by GRANTEE as a result of one or more Events of Default by
SUBRECIPIENT under this Agreement.
CDBG Subrecipient Agt 2018—4/5/18 13
30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of
California shall govern all aspects of this Agreement, including execution,
interpretation, performance, and enforcement. Venue for filing any action to
enforce or interpret this Agreement will be Fresno County, California.
31. HEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by
construing the terms in accordance with their generally accepted meaning.
33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are
intended for the specific parties hereto as identified in the preamble of this
Agreement. Notwithstanding anything stated to the contrary in this Agreement, it
is not intended that any rights or interests in this Agreement benefit or flow to the
interest of any third parties other than expressly identified herein. No
subcontractor, mechanic, materialman, laborer, vendor, or other person hired or
retained by SUBRECIPIENT shall have any rights hereunder and shall look to
SUBRECIPIENT as their sole source of recovery if not paid. No third party may
enter any claim or bring any such action against GRANTEE under any
circumstances. Except as provided by law, or as otherwise agreed to in writing
between GRANTEE and such person, each such person shall be deemed to
have waived in writing all right to seek redress from GRANTEE under any
circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all
contracts/subcontracts.
34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right
under this Agreement shall operate as a waiver of such right, nor shall any single
or partial exercise of any such right preclude any further exercise thereof or the
exercise of any other right. No waiver of any provision of this Agreement or
consent to any departure by the SUBRECIPIENT therefrom shall be effective
unless the same shall be in writing, signed on behalf of the GRANTEE by a duly
authorized officer thereof, and the same shall be effective only in the specific
instance for which it is given. No notice to or demand on the SUBRECIPIENT in
any case shall entitle the SUBRECIPIENT to any other or further notices or
demands in similar or other circumstances, or constitute a waiver of any of the
GRANTEE's right to take other or further action in any circumstances without
notice or demand.
CDBG Subrecipient Agt 2018—4/5/18 14
35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal
or other advice as it has deemed necessary and declares that in no manner has
it relied on GRANTEE, it agents, employees or attorneys in entering into this
Agreement.
36. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit
or attachment hereto, the terms and conditions of the body of this Agreement will
control.
37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
CDBG Subrecipient Agt 2018—4/5/18 15
IN WITNESS WHEREOF, the parties have executed this Agreement at
Fresno, California, the day and year first above written.
GRANTEE SUBRECIPIENT
CITY OF FRESNO, FRESNO ECONOMIC OPPORTUNITIES
Aziw;
n COMMISSION
Name: Linda Hayes
APPROVED AS TO FORM: Title: Board Chair
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair,
City Attorney Pres. Vice Pres.)
B V lny�l By: _
racy N. rvanian Date
Senior D ty City Attorney (1.�>>Qj Name: Brian Angus
ATTEST: Title: Chief Executive Officer
YVONNE SPENCE, MMC (If corporation or LLC., CFO,
City Clerk Treasurer, Secretary or Assistant
Secretary)
By: i/ �L7 I S
eputy
Addresses:
CITY: SUBRECIPIENT:
City of Fresno FEOC
Attention: Thomas Morgan Attention: Brian Angus
Housing Manager CEO
2600 Fresno St, Room 3065 1920 Mariposa Mall, Suite 300
Fresno, CA 93721 Fresno, CA 93721
Phone: (559) 621-8300 Phone: (559) 263-1010
FAX: (559) FAX:
Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS
CDBG Subrecipient Agt 2018—4/5/18 16
EXHIBIT A
SCOPE OF WORK
Matrix Code: 05D Youth Services
National Objective: LMC
CDBG Eligibility: Public Services (24 CFR 570.201(e))
Project Description:
The Fresno Street Saints, a program of the Fresno Economic Opportunities
Commission (Fresno EOC), will operate its afterschool and recreation program
serving 150 youth each year. This program, proven to have a positive impact on
its participants, operates out of five sites that are located in Southwest Fresno,
an area filled with crime, economic distress, and few leaders who are willing to
work towards restorative change. Services will be provided based on the
information included in the 2018 application received by the City.
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description
of each activity assisted with CDBG funds, including its location, the amount of
CDBG funds budgeted, obligated and expended for the activity, and the eligibility
and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for,
participated in, or benefited from, any program or activity funded in whole or in
part with CDBG funds. Such information shall be used only as a basis for further
investigation as to compliance with nondiscrimination requirements. No recipient
is required to attain or maintain any particular statistical measure by race,
ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the
applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the CDBG funds are expended. Such
documentation must include, to the extent applicable:
• Invoices with supporting documentation
Evidence that adequate procurement practices were in place and followed
Schedules containing comparisons of budgeted amounts and actual
expenditures,
• Construction progress schedules signed by appropriate parties (e.g.,
general contractor and/or a project architect), if applicable
Other documentation appropriate to the nature of the activity
17
National Objective Compliance - Limited Clientele Activities (LMC)
The SUBRECIPIENT shall maintain a set of records to document that at least
51% of the beneficiaries are low and moderate income. For each person or
family assisted, such records shall include income limits applied at the point in
time when the benefit was determined and a self-certification signed by the
beneficiary stating their income and family size.
18
EXHIBIT B
PROPOSED BUDGET
# Line Item Approved
Budget
1 Salaries $23,126-
2 Fringe Benefits $3,930
3 Professional Services
4 Supplies & Equipment $1,400
5 Rent/ Lease/ Utilities
6 Utilities/Telephone
7 Mileage/Transportation
8 Other: Workers Comp and Liability Insurance
9 Other: Education & Outreach
10 ! Other: Stipends for Liaison Mentors $5,200
11 Other: Indirect Costs $2,565
....
TOTAL $36,215
19
EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Fresno ("CITY")
and Fresno Economic Opportunities Commission ("SUBRECIPIENT")
Name of the Project
STREET SAINTS PROGRAM
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01, providing
liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an
occurrence form and shall provide coverage for "bodily injury,"
"property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations,
and contractual liability (including, without limitation, indemnity
obligations under the Agreement) with limits of liability not less than
those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form
CA 00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an
occurrence form and shall provide coverage for all owned, hired,
and non-owned automobiles or other licensed vehicles (Code 1-
Any Auto). If personal automobile coverage is used, the CITY, its
officers, officials, employees, agents and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
4. Social Services Liability or Professional Liability (that includes
Abuse & Molestation) that insures against liability arising out of the
bodily injury, personal injury, and third-party property damage
occurring because of the wrongful or negligent acts attributable to
the institution. This coverage should protect against a wide range
of potential claims, including but not limited to assault, verbal and/or
physical abuse, sexual molestation and other sexual misconducts.
20
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall
maintain limits of liability of not less than those set forth below. However,
insurance limits available to CITY, its officers, officials, employees, agents and
volunteers as additional insureds, shall be the greater of the minimum limits
specified herein or the full limit of any insurance proceeds available to the named
insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property
damage;
(ii) $1,000,000 per occurrence for personal and advertising
injury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the
State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. Professional Liability (which includes Abuse & Molestation
coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies)
shall "follow form" and afford no less coverage than the primary insurance
policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also
21
apply or be endorsed to apply on a primary and non-contributory basis for the
benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained
in any insurance policy(ies) required herein and SUBRECIPIENT shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-
insured retentions must be declared to on the Certificate of Insurance, and
approved by, the CITY'S Risk Manager or his/her designee. At the option of the
CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers,
officials, employees, agents and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain,
or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to
be covered as additional insureds. SUBRECIPIENT shall establish
additional insured status for the City and for all ongoing and
completed operations by use of ISO Form CG 20 10 11 85 or both
CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript
insurance company endorsement providing additional insured
status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents
and volunteers. Any available insurance proceeds in excess of the
specified minimum limits and coverage shall be available to the
Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT'S
insurance coverage shall be primary insurance with respect to the
CITY, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers,
officials, employees, agents and volunteers shall be excess of
22
SUBRECIPIENT'S insurance and shall not contribute with it.
SUBRECIPIENT shall establish primary and non-contributory status
by using ISO Form CG 20 01 0413 or by an executed manuscript
insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
4. Should any of these policies provide that the defense costs are paid
within the Limits of Liability, thereby reducing the available limits by
defense costs, then the requirement for the Limits of Liability of
these polices will be twice the above stated limits.
The Workers' Compensation insurance policy is to contain, or be endorsed to
contain, the following provision: SUBRECIPIENT and its insurer shall waive any
right of subrogation against CITY, its officers, officials, employees, agents and
volunteers.
If the Professional Liabilitv (which includes Abuse & Molestation) insurance
Policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by
SUBRECIPIENT.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the
Agreement work or termination of the Agreement, whichever occurs
first, or, in the alternative, the policy shall be endorsed to provide
not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective
date of the Agreement or the commencement of work by
SUBRECIPIENT, SUBRECIPIENT must purchase "extended
reporting" coverage for a minimum of five (5) years completion of
the Agreement work or termination of the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of inSUrar7ce required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
23
except after thirty (30) calendar days written notice by certified mail, return
receipt requested, has been given to CITY. SUBRECIPIENT is also responsible
for providing written notice to the CITY under the same terms and conditions.
Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-
renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY
with a new certificate and applicable endorsements for such policy(ies). In the
event any policy is due to expire during the work to be performed for CITY,
SUBRECIPIENT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to
the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by any defense costs,
then the requirement for the Limits of Liability of these polices will be twice the
above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to
release or diminish the liability of SUBRECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
SUBRECIPIENT. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its
principals, officers, agents, employees, persons under the supervision of
SUBRECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services
to be performed under this Agreement, SUBRECIPIENT shall require, at the
discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a
separate side agreement with the City to provide required indemnification and
insurance protection. Any required side agreement(s) and associated insurance
documents for the subcontractor must be reviewed and preapproved by CITY
Risk Manager or designee. If no side agreement is required, SUBRECIPIENT
shall require and verify that subcontractors maintain insurance meeting all the
requirements stated herein and SUBRECIPIENT shall ensure that CITY, its
officers, officials, employees, agents, and volunteers are additional insureds.
The subcontractors' certificates and endorsements shall be on file with
SUBRECIPIENT, and CITY, prior to commencement of any work by the
subcontractor.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and
applicable endorsements are to be received and approved by the CITY'S Risk
Manager or his/her designee prior to CITY'S execution of the Agreement and
24
before work commences. All non-ISO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of
CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of
any insurance policy required under this Agreement, including all endorsements,
with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this
Agreement.
25
EXHIBIT D
CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its X❑
agents?
2 Do you represent any firm, organization or person who is in ❑ FRI
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do ❑ jx�
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the ❑
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with ❑
this Project?
If the answer to any question is yes, please explain in full below_
Explanation: Fresno EOC's Strategy and
Communications Officer is married to the Signature
Councilmember representing District 5.
Date
Brian Angus, CEO
Print Signature Name
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Suite 300
Fresno, CA 93721
j Additional page(s) attached.
26
EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal
entity, all contracts made by the non-Federal entity under the Federal award
must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
(B)All contracts in excess of$10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week.
The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency. The contracts
must also include a provision for compliance with the Copeland "Anti-Kickback"
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The
Act provides that each contractor or subrecipient must be prohibited from
27
inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and
the recipient or subrecipient wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency(EPA).
(H) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act(42 U.S.C. 6201).
(1) Debarment and Suspension (Executive Orders 12549 and 12689}—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
government-wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
28
implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689
(3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded
Parties List Sys.tQm in SAM contains the names of parties debarred, suspended,
or otherwise ded by agencies, as well as parties declared ineligible under
u
statutory'or re �tory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)--Contractors that apply or
bid for an award of$100,000 or more must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
29