RESOLUTION NO. 2018-10 BOROUGH OF CLARKS SUMMIT  ARESOLUTION AUTHORIZING THE BOROUGH OF CLARKS SUMMIT TOI ENTER COOPERATION AGREEMENT WITH THE COUNTY OF LACKAWANNA FOR THE. ADMINISTRATION OF THE COMMUNITYDPVELOPNENT BLOCK GRANT PROGRAM  WHEREAS, pursuant to the provisions of Pennsylvania Act 179 of 1984, Lackawanna County, is eligible to apply for and receive an annual allocation of Community Development Block Grant (CDBG) funds from the Pennsylvania Department of Community and Economic Development (PA DCED) with said funds to be used to assist the "non- entitlement" municipalities within the County, to undertake housing and community development projects, which primarily benefit person of low-to moderate-income; and  WHEREAS, PA DCED has informed the County that the amount of FY 2017 Community Development Block Grant funds the County can apply for to benefit both non-  entitlement and entitlement municipalities; and  WHEREAS, thel Borough has conducted the required public hearings to obtain citizen input as well as to formulate community development plans, which identify and prioritize needs along with the activities to be undertaken with CDBG funds to address such needs; and WHEREAS, the County has reviewed and approved the plans and proposed activities and has prepared the application for funding in accordance with program requirements to be  submitted to the PA DCED.  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE  BOROUGH OF CLARKS SUMMIT that the Council President is hereby authorized to enter into a Cooperation Agreement with the County ofLackawanna which sets forth the respective responsibilities and duties of the County and the Borough for the administration of the FFY 2017 CDBG Program.  Page 1 of2    RESOLVED by the Council of the Borough of Clarks Summit this 15t day  ofA August, 2018.  ATTEST: SUMMIT  BOROUGH OF CLARKS  Council President  Approved AUsT 2018  of  E  68  Mayor  Page 2 of2    COOPERATION AGREEMENT BY. AND BETWEEN  LACKAWANNA COUNTY  AND  CLARKS SUMMIT BOROUGH  FOR  THE FY 2017 CDBG PROGRAM ADMINISTRATION  THIS AGREEMENT, entered into this 1st day of August, 2018 by and between Lackawanna County (hereinafter referred to as the "County") and Clarks Summit Borough (hereinafter referred to as the WHEREAS, pursuant to the provisions of Pennsylvania Act 179 of 1984, Lackawanna County, is eligible toapply for and receive an annual allocation ofCommunity Development Block Grant (CDBG)f funds from the Pennsylvania Department of Community and Economic Development (PA DCED) with said funds to be used to assist the "non-entitlement" municipalities within the County, to undertake housing and community development projects, which primarily benefit person of low-to moderate-income; and WHEREAS, PA DCED has informed the County that the amount of FY 2017 Community Development Block Grant funds the County can apply for to benefit both non-entitlement and entitlement municipalities  "Borough").  is $1,036.615.00, which shall be disbursed as follows:  $183.624.00-1 Lackawanna County (to benefit non-entitlement municipalities) $68.776.00 -1 Lackawanna County (to benefit Clarks Summit Borough)  WHEREAS, the County and the 11 entitlement municipalities have conducted the required public hearings to obtain citizen input as well as to formulate community development plans, which identify and prioritize needs along with the activities to be undertaken with CDBG funds to address such needs; and WHEREAS, the County has reviewed and approved the plans and proposed activities and has prepared the application for funding in accordance with program requirements to be submitted to the PA DCED by  20  NOW,THEREFORE, it is agreed and understood between the parties hereto that:  I.  SCOPE OF SERVICES:  A. The County County Responsibilities- will undertake the following activities on behalf of the Borough with respect  to the application, administration and monitoring oft the CDBG Program.  1.  The County will prepare the CDBG Application to DCED for funding on behalf oft the Borough in the amount allocated by DCED on an annual basis.  1    2. 3. 4. 5. 6. 7. 8. 9.  The County will review proposed activities from the Borough in conformance with the CDBG Rules and Regulations and include eligible activities in the application. The County will prepare the newspaper notices, conduct the public hearings and approve the application for CDBG funds, in accordance with the Citizen The County will prepare the appropriate resolutions as required by DCED. The County will designate a fair housing officer and publish al Fair Housing Notice, The County will organize al Fair Housing activity each year as required by DCED. The County will respond to any DCED review comments on the application. The County will enter into the CDBG grant agreement with the Commonwealth The County will be responsible for all assurances and compliance with all Federal and State Rules and Regulations in regard to the CDBG Program. 10. The County will be responsible for the repayment of funds for any activities found 11. The County will prepare the Environmental Review Record (ERR) for each 12. The County will be responsible for and certify that it has complied with all the environmental review procedures and certifications in accordance with the NEPA 13. The County will be fully responsible for the administration and management ofall CDBG activities and will be eligible to receive compensation based on the 18% 14. The County will advertise and award all contracts for approved CDBG eligible 15. The County will be responsible for all monitoring by DCED of the CDBG activities, and the correction ofa any and all deficiencies or findings. 16. The County will be responsible for completing and filing all reports required by 17. The County will be responsible for the IDIS system and financial recordkeeping 18. The County will be responsible for maintaining all records related to the 19. The County willj provide thel Borough with ai monthly financial and progress report 20. All program income received, if applicable, will be credited to the appropriate entitlement community's CDBG Account for use to fund other eligible CDBG 21. The County will advertise and/or approve program modifications or revisions as  Participation Plan.  and, on an annual basis.  on behalf oft the Borough.  to bei ineligible by the Commonwealth. activity selected by the Borough.  Regulations.  Administrative Cap for the CDBG Program.  activities.  DCED for the CDBG Program.  requirements.  administration of the CDBG program.  ofactivities. activities.  necessary and as requested and prepared by the Borough.  2    22. The County will be responsible for the closeout oft the grant program. 23. The County will provide and perform all items necessary for the successful 24. The County will perform oversight and monitoring of the CDBG activities, including, but not limited to, procurement, advertising, bid documents and MBE/WBE outreach is conducted and such items are approved by the County; verification of contractor eligibility (www.sam.gov) and the DGS website -A- list/) and award of contracts after approval ofbids by the County; job site oversight to ensure work is completed in aworkmanlike manner for all construction work; labor standards enforcement (wage rate monitoring and on-site employees); and, acceptance of the final work  completion oftheFY2017CDBG: Program.  product. Borough Responsibilities- ofthe CDBG Program.  B.  The Borough agrees to cooperate with the County in the administration and management  1. 2.  Thel Borough will provide the County with al list of eligible CDBG activitiesa along with a budget estimate, and description of the activity. The Borough will select activities that meet one of the National Objectives. a. Benefit to low- and moderate-income persons. b. Aid in the prevention or elimination of slums or blight. Meet community development need having a particular urgency. The Borough agrees to accept the County's determination of the eligibility of projects and activities in accordance with the CDBG Rules and Regulations. The Borough will provide the following to the County, for preparation of the CDBG application: a) Resolution approving the projects for inclusion in the CDBG  3. 4.  application.  b) Resolution approving the Community Development Plan for Resolution authorizing the County to submit the CDBG  inclusion in the CDBG application. application on behalf oft the Borough.  5. 6. 7.  The Borough agrees to cooperate with the County in the administration of the The Borough will participate in the required Fair Housing activity organized by The Borough will assist in the preparation and approval ofinvoices for submission to the County for expenses incurred related to the administration and delivery of The Borough will cooperate in the selection of an engineer for required CDBG  annual CDBG Program. the County.  the CDBG program.  8.  activities and documentation of the rationale for selection.  3    9.  The Borough will assist in the preparation of documentation for any modification or revision for submission to the County including required advertising for 10. The Borough will be responsible for any cost overruns that are not or cannot be  modifications.  covered by the program.  The Borough, shall not proceed with the following, without final approval from the County.  1. 2.  Site preparation or construction.  Approve any change orders involving scope of work or changes in the project.  II. TIME OF PERFORMANCE:  and  The Services covered under this Agreement will commence on the signing oft this Agreement shall terminate upon the completion and closeout oft the CDBG Program or five (5): years after the approval of the Grant Agreement with DCED, whichever is more. The term oft this Agreement and the provisions contained herein shall be extended to cover any additional time period during which the County remains in control oft the CDBG funds or other CDBG assets, including program  income.  Milestones  ACTION  DEADLINE DATE  No less than 45 days prior to submission deadline imposed by DCED All activities shall be designed and ready for All activities shall be completed within three years of contract award by DCED  1st Public Hearing County  Selection of activities and preparation of  application including resolution submitting to bidding within 12 months of contract award  by DCED  Implementation ofa activities  II. The BUDGET: County will be eligible to receive up to 18% of the total amount of the CDBG grant and program income. All project delivery costs will be taken out oft the budget line item amount. The County will provide the Borough with an accurate up to date budget prior to approval of the application by the Borough. In addition, the County will provide the Borough with a monthly  financial statement and' balance sheet for the CDBG Program.  IV. PAYMENTS: Itisexpressly agreed and understood that thet total amount tol bej paid tot the County under the annual CDBG Program is limited to the maximum of 18% oftotal grant funds and program income.  4    V. NOTICES:  Notices, approvals, letters from DCED, etc. required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery, 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 Communication and details concerning this Agreement shall be directed to the following contact  notices. representatives: County: (Address) (City) Scranton (State/Zip Code) PA 18503  Borough: (Address) (City)  Brenda Sacco. Deputy Director 135Jefferson Avenue - 2ud Floor  (State/Zip Code)  VI. SPECIAL CONDITIONS:  (Include any special conditions specific to the particular activity or individual County).  VII. GENERAL CONDITIONS:  A.  General Compliance- -  Federal  The County agrees to comply with the requirements of Title 24 of the Code of Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG))i including subpart K ofthese regulations. The County and the Borough also agree to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The County and Borough further agree to utilize funds available under this Agreement to  supplement rather than supplant funds otherwise available.  B.  "Independent Contractor"-  Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship ofemployerlemployee between the parties. The County shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the County is an independent contractor.  C.  Hold Harmless-  5    The County shall hold harmless, defend and indemnify the Borough from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the County's performance or nonperformance of the services or subject matter called for in this  Agreement. Insurance & Bonding -  D.  The County shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the The County shall comply with the bonding and insurance requirements of24 CFR 84.31  CDBG Grant.  and 84.48, Bonding and Insurance. Grantee Recognition =  E.  The Borough shall ensure recognition of the role of the County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the County will include a reference to the support provided herein in all publications made possible with  funds made available under this Agreement.  F.  Amendments-  such  The County or Borough may amend this Agreement at any time provided that amendments make specific referencet to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the County or Borough from its obligations under this Agreement. The County 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 the County and Borough.  VIII. ADMINISTRATIVE REQUIREMENIS:  A.  Financial Management-  1.  Accounting Standards  The County agrees to comply with 2 CFR 200.302 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The County shall administer the program in conformance with 2 CFR 200.401 as applicable. These principles shall be applied forall costs incurred whether charged  2.  Cost Principles  on a direct or indirect basis.  6    B.  Documentation and Record Keeping- Records to bel Maintained  1.  The County shall maintain all records required by thel Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this  Agreement. Such records shall include but not be limited to:  a. b. C. d. e. f. g. Retention  Records providing a full description of each activity undertaken; Records demonstrating that each activity undertaken meets one of the National Objectives oft the CDBG program; Records required to determine the eligibility of activities;  Records required to document the acquisition, improvement, use or disposition ofreal property acquired or improved with CDBG assistance; Records documenting compliance with the fair housing and equal Financial records as required by 24 CFR570.502, and 24 CFR 84.21-28; Other records necessary to document compliance with Subpart K of24  opportunity components ofthe CDBG program;  and CFRI Part 570.  2.  The County shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement, in accordance with PA DCED's closeout requirements. The retention period begins on the date of the submission ofthe annual performance and evaluation report tol DCED in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration ofthe four-  year period, whichever occurs later.  3.  Client Data  The County shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to DCED monitors or their The Disclosure County understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's responsibilities with respect to services  designees for review upon request.  4.  provided under this contract.  7    5.  Close-outs  The County's obligation shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return ofall unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms oft this Agreement shall remain in effect during any period that the County has control over CDBG funds,  including program income. Audits & Inspections  6.  shall be  All County records with respect to any matters covered by this Agreement made available to the Borough, DCED and the United States Government or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the County within 30 days after receipt by the County. Failure of the County to comply with the above audit requirements will constitute a violation of this contract and may result int the withholding of future payments. The County hereby agrees to have an annual agency audit conducted in accordance with current policy  concerning subrecipient audits and 2 CFR 200.501.  C. Reporting and Payment Procedures-  1.  The Program County Income shall report monthly, all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the County shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the County may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the County at the end ofthe contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the County. Ifi indirect costs are charged, the County will develop an indirect cost allocation plan for determining the appropriate County's share of administrative costs and shall submit such plan to the DCED for approval, in a form specified by DCED. The Progress County Reports shall submit regular Progress Reports to the Borough in the form,  2.  Indirect Costs  3.  content, and frequency as required by the Borough.  8    D.  Procurement- 1.  Compliance  The County shall comply with current DCED policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may bej procured with funds provided herein.  2.  OMB Standards  Unless specified otherwise within this agreement, the County shall procure all materials, property, or services in accordance with the requirements of2 CFR  200.318.  IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING The County agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The County shall provider relocation assistance to displaced persons as defined by 24CFR570.6062bX2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The County also agrees to comply with applicable local ordinances, resolutions and policies concerning the displacement of persons from their residences.  REPLACEMENT:  X.  PERSONNEL & PARTICIPANT CONDITIONS:  A. Civil Rights- 1.  Compliance  The County agrees to comply with the state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 ofTitleIoft the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of1 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.  2.  Nondiscrimination  The County agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable.  3.  Land Covenants  9    This contract is subject to the requirements ofTitle VI oft the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. Ini regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the County shall cause or require a covenant running with the land to bei inserted int the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the state and the United States are beneficiaries of and entitled to enforce such covenants. The County, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are: necessary to enforce such  covenant, and will not itself sO discriminate.  4.  Section 504  The County agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or  handicaps in any Federally assisted program.  B. Affirmative Action- =  1.  Approved Plan  the HUD's  The County agrees that it shall be committed to carry out pursuant to specifications, an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Women- and Minority-Owned Businesses (W/MBE)  2.  The County 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 contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) oft the Small Business Act, as amended (15U.S.C. 632), and "minority and women' 's business enterprise" means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian Americans, and American Indians. The County may rely on written representations by businesses regarding their status as minority and female business enterprises in  lieu of an independent investigation. Access to Records  3.  The County shall furnish and cause each ofits own subrecipients or subcontractors toi furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Borough, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance The Notifications County will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union  with the rules, regulations and provisions stated herein.  4.  10    or worker's representative ofthe County's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants Equal Employment Opportunity and Affirmative Action (EEO/AA) The County will, in all solicitations or advertisements for employees placed by or on behalf of the Borough, state that it is an Equal Opportunity or Affirmative  for employment. Statement Action employer. Subcontract Provisions  5.  6.  Civil  and Rights, B,  The County will include the provisions of Paragraphs X.A,  Affirmative Action, in every subcontract or purchase order, specifically or by reference, sO that such provisions will be binding upon each of its own  subrecipients or subcontractors.  C.  Employment Restrictions- Prohibited Activity  1.  The County isp prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. Labor The County Standards agrees to comply with the requirements of the Secretary ofI 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. The County agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department ofLabor at 29 CFR Part 5. The County shall maintain documentation that demonstrates The County agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the County pertaining to such contracts and with the applicabler requirements ofthe regulations ofthel Department ofLabor, under 29 CFR Parts 1,3,5a and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the County of its obligation, ifany, to require payment of the higher wage. The County shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting  2.  compliance with hour and wage requirements of this part.  the requirements oft this paragraph. "Section 3" Clause a.  3.  Compliance  11    Compliance with the provisions of Section 3 oft the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the County. Failure toi fulfill these requirements shall subject the County, and any ofthe subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The County certifies and agrees that no contractual or other disability exists that would prevent The County further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is  compliance with these requirements.  this Agreement:  located."  The County further agrees to ensure that opportunities for training and employment arising in connection with al housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area ofthe project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with al housing rehabilitation (including reduction and abatement ofl lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business conçerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project isl located, and to low- and very low-income participants in other HUD The County certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.  programs.  12    b.  Notifications  The County agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative ofits commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for  employment or training. Subcontracts  C.  The County will include this Section 3 clause in every subcontract and will take appropriate action pursuant to1 the subcontract upon ai finding that the subcontractor is in violation of regulations issued by the grantor agency. The County will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will: not let any subcontract unless the entity has first provided it with a preliminary statement of  ability to comply with the requirements oft these regulations.  D.  Conduct- 1.  Assignability  without the  The County shall not assign or transfer any interest in this Agreement prior written consent of the Borough thereto; provided, however, that claims for money due or to become due to the County under this contract may be assigned to al bank, trust company, or other financial institution without such approval.  2.  Subcontracts a.  Approvals  The County shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent oft the Borough prior to the execution of such agreement.  b.  Monitoring  The County will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence offollow-up actions taken to correct areas ofnoncompliance.  C.  Content  The County shall cause all ofthe provisions of this contract ini its entirety tob be included in and made a part of any subcontract executed in the  performance ofthis Agreement.  d.  Selection Process  The County shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open  13    competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Borough along with documentation concerning the selection process. The County agrees that no funds provided, nor personnel employed under this Agreement, shall bei in any way or to any extent engaged in the conduct ofpolitical  3.  Hatch Act  activities in violation of Chapter 15 ofTitle V oft the U.S.C.  4.  Conflict of] Interest  The County agrees to abide by the provisions of24 CFR 84.42 and 570.611, which The County shall maintain a written code or standards of conduct that shall govern the performance ofits officers, employees or agents engaged int the award and administration of contracts supported by Federal funds. No employee, officer or agent of the County shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds ifa conflict ofinterest, real or apparent, would bei involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, 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 ina any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County,  include (but are not limited to) the following:  a. b. C.  orany designated public agency.  5.  Lobbying a.  The County hereby certifies that:  No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer ore employee of any agency, al Member ofCongress, an officer or employee ofCongress, or an employee ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will  cooperative agreement;  b.  14    complete and submit Standard Form-LLL, "Disclosure Form to Report Itwill require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose  Lobbying," in accordance with its instructions; and  C.  accordingly: Lobbying Certification:  d.  This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title: 31,U.S.C. Any person who fails tof file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.  6.  Religious Activities  The County agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as  worship, religious instruction, or proselytization.  XI. ENVIRONMENTAL CONDITIONS: A. Aira and Water-  The County agrees to comply with the following requirements insofar as they apply to the  performance of this Agreement:  Clean Air Act, 42 U.S.C., 7401, et seq.;  Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,  all regulations and guidelines issued thereunder;  as amended.  B.  Flood Disaster Protection-  In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the County shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including  rehabilitation). Lead-Based Paint-  C.  The County agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint  15    Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain toall CDBG-assisted housing andi require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. Thei notice should also point out that iflead-based paint isf found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing,  risk assessment, treatment and/or abatement may be conducted.  D.  Historic Preservation- to The County agrees comply  with the Historic Preservation requirements set forth in the  thej procedures  National Historic Preservation Actof1966, as amended(16U.S.C. 470)and set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are: fifty years old or older or that  agreement.  are included on a Federal, state, or local historic property list.  XII. SEVERABILITY: provision of this Agreement is held invalid, the remainder of the Agreement shall not be Ifany affected thereby and all other parts oft this Agreement shall nevertheless be in full force and effect.  XIII. ENTIRE AGREEMENT: entire This agreement constitutes the  between the County and the Borough for the use  agreement  of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the County and the  Borough with respect to this Agreement.  IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe date first written above.  (COUNTY)  (BOROUGH)  By:. Title: ATTEST: By: Title:    F  By: Title:  Mnts    16