Common use of Contractors and Subrecipients Clause in Contracts

Contractors and Subrecipients. A. RISE has adopted procurement standards under 2 CFR 200.318-326. The Awardee shall follow these same standards. In addition, Awardee shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG-NDR funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. B. An agreement between the Awardee and any contractor shall require: 1) Compliance with the applicable State and federal requirements described in this Agreement, which pertain to, among other things, procurement, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug-Free Workplace; and, compliance with the applicable provisions relating to labor standards and Section 3 as described in Sections 11 and 16, above. Appendix II of 2 CFR Part 200 sets forth mandatory provisions for incorporation into non-Federal entity contracts involving federal funds awards. 2) Maintenance of at least the minimum State-required Workers' Compensation Insurance for those employees who will perform the grant activities or any part of it. 3) Maintenance, if so required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it. 4) Compliance with the applicable Equal Opportunity Requirements described in Section 11, of this exhibit. 5) Compliance with the policies, guidelines and requirements of OMB Uniform guidance at 2 CFR 200 the Uniform Administrative Requirements, as well as all state/federal laws, regulations and RISE guidelines applicable to the activities set forth in this Agreement. C. Contractors and Subrecipients: Drug-Free Workplace Act of 1988 Contractors and subrecipients shall comply with all of the following: 1) Publish and give a policy statement to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy. 2) Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug- free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations. 3) Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within (5) five calendar days, if he or she is convicted of a criminal drug violation in the workplace. 4) Notify the contracting or granting agency within 10 (ten) days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace. 5) Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction. 6) Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

Contractors and Subrecipients. A. RISE HCD has adopted procurement standards under 2 CFR 200.318-326. The Awardee Grantee shall follow these same standards. In addition, Awardee Grantee shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG-NDR funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as consultants (for-profit or non-profit) or construction contractors who are procured competitively. 2) Subrecipients are defined as public agencies or public/private non-profit agencies or organizations and certain (limited) private for-profit entities who receive CDBG- NDR funds from an awarded jurisdiction to undertake eligible activities. B. An agreement between the Awardee Grantee and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal requirements described in this Agreement, which pertain to, among other things, procurement, nondiscriminationnon- discrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug-Free Workplace; and, compliance with the applicable provisions relating to labor standards and Section 3 as described in Sections 11 and 16, above16 of this Exhibit. Appendix II of 2 CFR Part 200 sets forth mandatory provisions for incorporation into non-Federal entity contracts involving federal funds awards. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of at least the minimum State-required Workers' Compensation Insurance for those employees who will perform the grant activities or any part of it. 3) Maintenance, if so required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it. 4) Compliance with the applicable Equal Opportunity Requirements described in Exhibit D, Section 11, 11 of this exhibitAgreement. 5) Compliance with the policies, guidelines and requirements of OMB Uniform guidance at 2 CFR 200 the Uniform Administrative Requirements, as well as all state/federal laws, regulations and RISE Department guidelines applicable to the activities set forth in this Agreement. C. Contractors and Subrecipients: Drug-Free Workplace Act of 1988 Contractors and subrecipients shall comply with all of the followingshall: 1) Publish Perform the grant activities in accordance with federal, State and give a policy statement to all covered employees informing them that the unlawful manufacturelocal housing and building codes, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policyas are applicable. 2) Establish a drug-free awareness program Provide security to make employees aware assure completion of athe project by furnishing the borrower and construction lenders with Performance and Payment Bonds, or other security approved in advance in writing by the Department. D. Subrecipients shall: 1) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug- free workplace; c) any available drug counselingRetain all books, rehabilitationrecords, accounts, documentation, and employee assistance programs; and d) the penalties that may be imposed upon employees all other materials relevant to this Agreement for drug abuse violations. 3) Notify employees that as a condition minimum period of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within five (5) five calendar days, if he or she years after the Department notifies the Grantee that the HUD/HCD CDBG-NDR grant contract is convicted of a criminal drug violation in the workplaceclosed. 42) Notify Permit the contracting State, federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or granting agency within 10 (ten) days after receiving notice that a covered employee has been convicted all books, records, accounts, documentation, and all other materials relevant to the Agreement for the purpose of a criminal drug violation in the workplacemonitoring, auditing, or otherwise examining said materials. 5) Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction. 6) Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

Contractors and Subrecipients. A. RISE has adopted HCD is requiring RCAC to follow procurement standards under 2 CFR 200.318-326. The Awardee RCAC shall follow these same standards. HCD is also requiring RCAC to include performance measure and penalties, similar to those in this Agreement, Exhibit B, Section 8, in all contractor and subrecipient agreements which they are a party to. In addition, Awardee RCAC shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG-CDBG- NDR funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as consultants (for-profit or non-profit) or construction contractors who are procured competitively. 2) Subrecipients are defined as public agencies or public/private non-profit agencies or organizations and certain (limited) private for-profit entities who receive CDBG-NDR funds from an awarded jurisdiction to undertake eligible activities. B. An agreement between the Awardee RCAC and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal requirements described in this Agreement, which pertain to, among other things, procurement, nondiscriminationnon- discrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug-Free Workplace; and, compliance with the applicable provisions relating to labor standards and Section 3 as described in Sections 11 and 16, above16 of this Exhibit. Appendix II of 2 CFR Part 200 sets forth mandatory provisions for incorporation into non-Federal entity contracts involving federal funds awards. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of at least the minimum State-required Workers' Compensation Insurance for those employees who will perform the grant activities or any part of it. 3) Maintenance, if so required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it. 4) Compliance with the applicable Equal Opportunity Requirements described in Exhibit D, Section 11, 10 of this exhibitAgreement. 5) Compliance with the policies, guidelines and requirements of OMB Uniform guidance at 2 CFR 200 the Uniform Administrative Requirements, as well as all state/federal laws, regulations and RISE Department guidelines applicable to the activities set forth in this Agreement. C. Contractors and Subrecipients: Drug-Free Workplace Act of 1988 Contractors and subrecipients shall comply with all of the followingshall: 1) Publish Perform the grant activities in accordance with federal, State and give a policy statement to all covered employees informing them that the unlawful manufacturelocal housing and building codes, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policyas are applicable. 2) Establish a drug-free awareness program Provide security to make employees aware assure completion of athe project by furnishing the borrower and construction lenders with Performance and Payment Bonds, or other security approved in advance in writing by the Department. D. Subrecipients shall: 1) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug- free workplace; c) any available drug counselingRetain all books, rehabilitationrecords, accounts, documentation, and employee assistance programs; and d) the penalties that may be imposed upon employees all other materials relevant to this Agreement for drug abuse violations. 3) Notify employees that as a condition minimum period of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within five (5) five calendar days, if he or she years after the Department notifies RCAC that the HUD/HCD CDBG-NDR grant contract is convicted of a criminal drug violation in the workplaceclosed. 42) Notify Permit the contracting State, federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or granting agency within 10 (ten) days after receiving notice that a covered employee has been convicted all books, records, accounts, documentation, and all other materials relevant to this Agreement for the purpose of a criminal drug violation in the workplacemonitoring, auditing, or otherwise examining said materials. 5) Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction. 6) Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.