Common use of Contractors and Subrecipients Clause in Contracts

Contractors and Subrecipients. A. The Jurisdiction 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 funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as program operators or construction contractors who are procured competitively. 2) Subrecipients are defined as public or private non-profit agencies or organizations and certain (limited) private for-profit entities who receive CDBG funds from an awarded Jurisdiction to undertake eligible activities. B. An agreement between the Jurisdiction and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal requirements of this Agreement, which pertain to, among other things, labor standards, non-discrimination, Americans with Disabilities Act, Equal Employment Opportunity, and Drug-Free Workplace; and, Compliance with the applicable provisions relating to Labor Standards/Prevailing Wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of, at minimum, the State-required Workers’ Compensation Insurance for those employees who will perform the activity(ies) or any part of it. 3) Maintenance of, if so required by law, 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 activity(ies) or any part of it. 4) Compliance with the applicable Equal Opportunity Requirements described in this Agreement. C. Contractors shall: 1) Perform the activity(ies) in accordance with federal, State and local housing and building codes, as are applicable. 2) Provide security to assure completion of the 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) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a period of five (5) years from date of termination of this Agreement, or five (5) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement, and any amendments, whichever is later. 2) Permit the State, federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to the agreement for the purpose of monitoring, auditing, or otherwise examining said materials.

Contractors and Subrecipients. A. HCD has certified that state procurement standards meet or exceed federal procurement standards under 2 CFR 200.317. The Jurisdiction Grantee shall follow these same standards. In addition, 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 CDBG-NDR funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as program operators 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 CDBG-NDR funds from an awarded Jurisdiction subgrantee to undertake eligible activities. B. An agreement between the Jurisdiction Grantee and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal requirements of described in this Agreement, which pertain to, among other things, labor standardsprocurement, non-discrimination, Americans with Disabilities Act, Equal Employment Opportunity, Opportunity and Drug-Free Workplace; and, Compliance compliance with the applicable provisions relating to Labor Standards/Prevailing Wageslabor standards and Section 3 as described in Sections 11, 16 and 17 of this Exhibit. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of, of at minimum, least the minimum State-required Workers’ ' Compensation Insurance for those employees who will perform the activity(ies) grant activities or any part of it. 3) Maintenance ofMaintenance, if so required by law, 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 10 of this Agreement. 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 Department guidelines applicable to the activities set forth in this Agreement. C. Contractors shall: 1) Perform the activity(ies) grant activities in accordance with federal, State and local housing and building codes, as are applicable. 2) Provide security to assure completion of the project by furnishing the Grantee borrower and construction lenders with Performance and Payment Bonds, or if other security then it must be approved in advance in writing by the Department. D. Subrecipients shall: 1) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years from date of termination of this Agreement, or five (5) years from after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, and any amendments, whichever is later.Department notifies the Grantee that the HUD/HCD CDBG-NDR grant agreement has been closed.‌ 2) Permit the State, federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to the agreement Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.

Contractors and Subrecipients. A. HCD has certified that state procurement standards meet or exceed federal procurement standards under 2 CFR 200.317. The Jurisdiction Grantee shall follow these same standards. In addition, 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 CDBG-NDR funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as program operators 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 CDBG-NDR funds from an awarded Jurisdiction subgrantee to undertake eligible activities. B. An agreement between the Jurisdiction Grantee and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal requirements of described in this Agreement, which pertain to, among other things, labor standardsprocurement, , non-discrimination, Americans with Disabilities Act, Equal Employment Opportunity, Opportunity and Drug-Free Workplace; and, Compliance compliance with the applicable provisions relating to Labor Standards/Prevailing Wageslabor standards and Section 3 as described in Sections 11, 16 and 17 of this Exhibit. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of, of at minimum, least the minimum State-required Workers’ ' Compensation Insurance for those employees who will perform the activity(ies) grant activities or any part of it. 3) Maintenance ofMaintenance, if so required by law, 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 10 of this Agreement. 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 Department guidelines applicable to the activities set forth in this Agreement. C. Contractors shall: 1) Perform the activity(ies) grant activities in accordance with federal, State and local housing and building codes, as are applicable. 2) Provide security to assure completion of the project by furnishing the Grantee borrower and construction lenders with Performance and Payment Bonds, or if other security then it must be approved in advance in writing by the Department. D. Subrecipients shall: 1) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years from date of termination of this Agreement, or five (5) years from after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, and any amendments, whichever is laterDepartment notifies the Grantee that the HUD/HCD CDBG-NDR grant agreement has been closed. 2) Permit the State, federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to the agreement Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.

Contractors and Subrecipients. A. The Jurisdiction 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 funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. 1) Contractors are defined as program operators or construction contractors who are procured competitively. 2) Subrecipients are defined as public or private non-profit agencies or organizations and certain (limited) private for-profit entities who receive CDBG funds from an awarded Jurisdiction jurisdiction to undertake eligible activities. B. An agreement between the Jurisdiction Grantee and any contractor or subrecipient shall require: 1) Compliance with the applicable State and federal Federal requirements of described in this Agreement, which pertain to, among other things, labor standards, non-non discrimination, Americans with Disabilities Act, Equal Employment Opportunity, Opportunity and Drug-Free Workplace; and, Compliance with the applicable provisions relating to Labor Standards/Prevailing Wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of, of at minimum, least the minimum State-required Workers’ ' Compensation Insurance for those employees who will perform the grant activity(ies) or any part of it. 3) Maintenance ofMaintenance, if so required by law, 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 of this Agreement. C. Contractors shall: 1) Perform the grant activity(ies) in accordance with federalFederal, State and local housing and building codes, as are applicable. 2) Provide security to assure completion competition of the 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) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years from date of termination of this Agreement, or five (5) years from after HCD notifies the conclusion or resolution of any and all audits or litigation relevant to this Agreement, and any amendments, whichever is laterGrantee that the HUD/HCD contract has been closed. 2) Permit the State, federal Federal government, the Bureau of State Audits, the Department and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to the agreement for the purpose of monitoring, auditing, or otherwise examining said materials.