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CDBG Spectrum Subrecipient Agmt FY 21-22 08022021
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CDBG Spectrum Subrecipient Agmt FY 21-22 08022021
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8/2/2021 1:26:12 PM
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8/2/2021 1:25:25 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
8/2/2021
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Reso 2021-095 CDBG Agmts FY 21-22
(Approved)
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\City Clerk\City Council\Resolutions\2021
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(1) Prohibited Activity. The Subrecipient is prohibited from using funds <br />provided herein or personnel employed in the administration of the program for political activities; <br />sectarian or religious activities; lobbying, political patronage, and nepotism activities. <br /> <br />(2) OSHA. Where employees are engaged in activities not covered under the <br />Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, <br />or receive services in buildings or surroundings or under working conditions which are unsanitary, <br />hazardous or dangerous to the participants' health or safety. <br /> <br />d. "Section 3" Clause <br /> <br />(1) Compliance. Compliance with the provisions of Section 3, the regulations <br />set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of <br />this Agreement and binding upon the City of San Leandro, the Subrecipient and any sub-Subrecipients. <br />Failure to fulfill these requirements shall subject the City of San Leandro, the Subrecipient and any sub- <br />Subrecipients, their successors and assigns, to those sanctions specified by the agreement through <br />which federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other <br />disability exists which would prevent compliance with these requirements. <br /> <br />The Subrecipient further agrees to comply with these "Section 3" requirements and to include the <br />following language in all subcontracts executed under this agreement: <br /> <br />The work to be performed under this Agreement is a project assisted under a program providing <br />direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing <br />and 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 Agreements 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 <br />prevent compliance with the requirements. <br /> <br />(2) Notifications. The Subrecipient agrees to send to each labor organization <br />or representative of workers with which it has a collective bargaining agreement or other Agreement or <br />understanding, if any, a notice advising said labor organization or worker's representative of its <br />commitments under this Section 3 clause and shall post copies of the notice in conspicuous places <br />available to employees and applicants for employment or training. <br /> <br />(3) Subcontracts. The Subrecipient will include this Section 3 clause in <br />every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the <br />sub-Subrecipient is in violation of Regulations issued by the grantor agency. The Subrecipient will not <br />subcontract with any sub-Subrecipient where it has notice of knowledge that the latter has been found in <br />violation of regulations under 24 CFR 135 and will not let any subcontract unless the sub-Subrecipient <br />has first provided it with a preliminary statement of ability to comply with the requirements of these <br />regulations. <br /> <br />2.7 Environmental Requirements. Lead Based Paint. In accordance with 24 CFR Part <br />570.608, the Subrecipient shall be prohibited from using lead-based paint in residential structures <br />rehabilitated with Community Development Block Grant funds. Lead-based paint is any paint containing <br />more than five-tenths of one percent (5/10 of 1%) lead by weight in the total non-volatile content of liquid <br />paints or in the dried film of paint already applied. <br /> <br />2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and <br />diligence to perform their respective obligations under this Agreement. Both parties agree to act in good <br />DocuSign Envelope ID: 8A7D7987-F0A4-46AB-94DE-F488CC25CE0E
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