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8E Consent 2007 0618
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8E Consent 2007 0618
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6/15/2007 10:05:14 AM
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6/15/2007 10:04:56 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/18/2007
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_CC Agenda 2007 0618
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<br />The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following <br />language in all subcontracts executed under this agreement: <br /> <br />The work to be performed under this contract is a project assisted under a program providing direct <br />federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and <br />Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest <br />extent feasible opportunities for training and employment be given to lower income residents of the project <br />area and contracts for work in connection with the project be awarded to business concerns which are <br />located in, or owned in substantial part by persons residing in the areas of the project.. <br /> <br />The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent <br />compliance with the requirements. <br /> <br />(2) Notifications. The Subrecipient agrees to send to each labor organization or <br />representative of workers with which it has a collective bargaining agreement or other contract or understanding, if <br />any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 <br />clause and shall post copies of the notice in conspicuous places available to employees and applicants for <br />employment or training. <br /> <br />(3) Subcontracts. The Subrecipient will include this Section 3 clause in every <br />subcontract and will take appropriate action pursuant to the subcontract upon a finding that the sub.Subrecipient is <br />in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any sub. <br />Subrecipient where it has notice of knowledge that the latter has been found in violation of regulations under 24 <br />. CFR 135 and will not let any subcontract unless the sub.Subrecipient has first provided it with a preliminary <br />statement of ability to comply with the requirements of these regulations. <br /> <br />2.6 Environmental Requirements. Lead Based Paint. In accordance with 24 CFR Part 570.608, the <br />Subrecipient shall be prohibited from using lead-based paint in residential structures rehabilitated with Community <br />Development Block Grant funds. Lead-based paint is any paint containing more than five.tenths of one percent <br />(5/10 of 1 %) lead by weight in the total non-volatile content of liquid paints or in the dried film of paint already <br />applied. <br /> <br />2.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to <br />perform their respective obligations under this contract. Both parties agree to act in good faith to execute all <br />instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes <br />of this contract. Unless hereafter specified, neither party shall be responsible for the obligations of the other. <br /> <br />3.0 DISBURSEMENT OF FUNDS <br /> <br />3.1 Maximum Amount of CDBG Funds. The maximum amount of CDBG funds to be provided to <br />Subrecipient is $30.000. Subrecipient hereby acknowledges that the City cannot guarantee that the CDBG funds <br />will be received from HUD. The City's obligation to fund the work hereunder is limited to the availability of CDBG <br />funds from HUD. If the CDBG funds are not forthcoming from HUD for any reason, the City shall not have any <br />obligation to fund the work through any other source of funds. <br /> <br />3.2 Maximum Amount of General Funds. Not applicable. <br /> <br />3.3 Termination of Fund Obligation. The services to be provided under this Agreement may be <br />terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, City shall <br />compensate the Subrecipient for all outstanding costs incurred for work satisfactorily completed as of the date of <br />written notice thereof. Subrecipient shall maintain adequate logs and timesheets in order to verify costs incurred to <br /> <br />-4- <br /> <br />COSG Agreement with Project Literacy FY07-0B <br />G:ICOMMUNlTY DEVELOPMENTlHOUSING SERVICES DIVISIOMCDBGISUBRECIPIENTSIProject LiteracyIFY2007-08107-08 Pro}. Literacy CDBG <br />Subrecipient Agreement. doc <br />
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