REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 27, 2022
FROM
MARTHA ZEPEDA, Deputy Executive Officer, Community Revitalization
SUBJECT
Amendment to Contract with Social Work Action Group for Homeless Street Outreach and Engagement, Housing Navigation, and Case Management Services
RECOMMENDATION(S)
Approve Amendment No. 1 to Contract No. 21-749 with Social Work Action Group for Homeless Street Outreach and Engagement, Housing Navigation, and Case Management Services, updating definitions and Contractor Responsibilities, replacing Exhibit 2 - Program Budget, removing Exhibit 3 - Scope of Work, adding Exhibit 5 - Compliance with American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Federal Guidelines use of American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund and Requirements, amending budget categories, with no change to the contract amount of $2,000,000, and extending the term of the contract six months for a total contract period of October 5, 2021 through March 31, 2023. (Presenter: Martha Zepeda, Deputy Executive Officer, 387-4438)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The contract amount will not exceed $2,000,000 and will be funded with the use of available reserves from Project Roomkey and Rehousing Strategy grant funding in the amount of $1,887,055, and $112,945 from the County's American Rescue Plan Act (ARPA) funding that the Board of Supervisors (Board) allocated for Homeless Services and Housing. Payment for reimbursement of services will be administered by the Department of Behavioral Health (DBH). Adequate appropriation and revenue have been included in the DBH 2022-23 budget.
BACKGROUND INFORMATION
San Bernardino County is committed to systematically addressing homelessness and access to services sought out by individuals who are homeless due to their mental illness, substance use disorder, disability, and other barriers. San Bernardino County Community Revitalization (CR) launched a pilot program on October 5, 2021, to improve, expand, enhance, and augment the local homeless response system with the ultimate goal of maximizing and expediting the number of individuals assisted out of homelessness. The program allows the County to better understand community resources in addressing the challenges and needs of the homeless Item 25
Amendment to Contract with Social Work Action Group for Homeless Street Outreach and Engagement, Housing Navigation, and Case Management Services
September 27, 2022
population. The program aims to identify areas of duplication, build efficiencies, and improve coordination.
The Social Work Action Group works collaboratively with the Sheriff's Homeless Outreach and Proactive Enforcement (HOPE) Team, DBH, Department of Aging and Adult Services, and other community-based providers to provide field-based outreach and case management to chronically homeless individuals who have experienced high levels of utilization and recidivism in hospital emergency rooms and local jails. Intensive case management and linkages to social services programs and housing services are provided to eligible individuals. The number of individuals served is based on available resources, needs assessment, and eligibility requirements. These services will continue to enhance current efforts that the County is undertaking to address the regional homelessness problem and are aligned with the County's Homeless Strategic Action Plan to create healthy communities to improve quality of life for unsheltered individuals.
The recommended amendment will extend the timeframe, through the funding period, to maximize the time the Social Work Action Group has to conduct street outreach services for vulnerable populations and increase linkage and access to supportive services to enhance stability and quality of life for those experiencing homelessness. The contract extension grants Social Work Action Group an additional six months to provide critical homeless services due to a delayed start in establishing these services. Funding for this service must be closed out by March 31, 2023.
Social Work Action Group's performance will be monitored by review of monthly reports and an annual site visit to ensure compliance with the administrative, program, and fiscal terms and conditions of the contract. Social Work Action Group will cooperate with the County in the implementation, monitoring, and evaluation of this contract and comply with any and all reporting requirements established by this contract. Social Work Action Group charges must be for services provided to eligible beneficiaries under this funded program. The County reserves the right to request additional program and/or fiscal reports to facilitate this monthly review. The contract may be terminated without cause by the County with 30 days written notice.
PROCUREMENT
On October 5, 2021 (Item No. 24), as the result of a formal procurement, the Board approved Contract No. 21-749 with Social Work Action Group to provide Homeless Street Outreach and 2,000,000, for the contract period of October 5, :
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on September 9, 2022; Purchasing (Bruce Cole, Supervising Buyer, 387-2148) or September 13, 2022; Finance (Christopher Lange, Administrative Analyst, 386-8393) or September 13, 2022; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on September 14, 2022.
Item 25
Amendment to Contract with Social Work Action Group for Homeless Street Outreach and Engagement, Housing Navigation, and Case Management Services
September 27, 2022
Record of Action of the Board of Supervisors
San Bernardino County
APPROVED (CONSENT CALENDAR)
Moved: Joe Baca, Jr. Seconded: Janice Rutherford
Ayes: Col. Paul Cook (Ret.), Janice Rutherford, Dawn Rowe, Curt Hagman, Joe Baca, Jr.
Lynna Monell, CLERK OF THE BOARD
BY Lynno Mmell
DATED: September 21, 2022
CC: CR - Hernandez w/agree
Contractor - C/O CR w/agree
File - w/agree
CCM 10/11/2022
Item 25
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAN BERNARDINO
21-749 A-1
COUNTY
SAP Number
Community Revitalization
Department Contract Representative Tom Hernandez
Chief of Homeless Services
Telephone Number (909) 501-0610
Contractor Social Work Action Group - SWAG
Contractor Representative Monica Sapien
Telephone Number (833) 792-4674
Contract Term October 5, 2021 - March 31, 2023
Original Contract Amount $2,000,000
Amendment Amount N/A
Total Contract Amount $2,000,000
Cost Center 9200002715
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1:
It is hereby agreed to amend Contract No. 21-749, effective September 27, 2022, as follows:
SECTION A. DEFINITIONS:
Section A is amended to read as follows:
A.35 Supportive Housing: Permanent housing programs in which participants receive subsidized affordable housing services, and other case management and self-sufficiency supports to help consumers maintain their residency and improve self-sufficiency.
A.36 Target Population: Chronically homeless and high utilizers of safety net services such as health care, criminal justice, emergency response, and homeless services.
A.37 Transitional Housing (TH): Designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. TH may be used to cover the costs of up to 24 months of housing with accompanying supportive services.
A.38 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD's mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will
Standard Contract
embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith-based and community organizations, that leverage resources and improve HUD's ability to be effective on the community level.
A.39 VI-SPDAT (Vulnerability Index and Service Prioritization Decision Assistance Tool): The VI- SPDAT is an evidence-based assessment tool that is administered both to individuals and families to determine risk and prioritization when providing assistance to homeless and at-risk of homelessness persons.
A.40 American Rescue Plan Act (ARPA) - A program funding by the Federal Government for the provision of government services for pandemic rescue and recovery efforts.
A.41 Project Roomkey (PRK) and Rehousing Strategy - A program funding by the California Department of Social Services (CDSS) and designed to quickly provide dedicated resources to ensure PRK units remain online through the continued public health emergency and that homelessness is non-recurring. PRK units are intended to be temporary, emergency shelter options, while also serving as a pathway to permanent housing.
SECTION B. CONTRACTOR RESPONSIBILITIES:
Section B. 1 General Requirements is amended to read as follows:
B.1.3 Contractor shall be responsible to accomplish the levels of performance set forth in B.2 Scope of work and report such measures quarterly to the County with each quarterly expenditure report. The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues.
Section B.2 Scope of Work is amended to read as follows:
2. CONTRACTOR'S objectives -
CONTACTOR shall:
Outreach and Engagement:
• Engage individuals in the field with the County's InnROADs team • Complete the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) • Enter each homeless person's identifying information into CES and the Homeless Management Information System (HMIS)
• Link Individuals to Homeless Provider Network to explore housing options • Help individuals acquire paperwork and documents required for housing and other services. • Obtain/complete Verification of Homelessness
• Complete benefits application and assistance for:
• Obtain Medi-Cal
• General Relief
• CalFresh
• Cash Assistance Program for Immigrants (CAPI)
• Welfare-to-Work
• Make scheduled drop-ins at encampments several times a month. • Link individuals to resources in the community and provide a warm hand-off to services:
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• Department of Behavioral Health
Mental Health Services
- Substance Use Disorder Treatment
Department of Aging and Adult Services
- In-Home Supportive Services
- Nutrition Services
- Age Wise Mental Health Program for high-risk older adults • Medical
• Dental
• Provide or arrange for transportation to services appointments • Purchases for clients that promote housing and engagement such as drug testing kits, clothing, food, water, and blankets.
• Assist in increasing income
• Referrals to employment
• Linkage to provider to assist in obtaining Social Security Disability Income • Provide file-based psychoeducation, system navigation training, health navigation training, and other types of individual and community education as needed • Support individuals in their interactions with other service providers Housing Navigation:
• Seek to move homeless individual off the street into shelters, hotels, transitional or bridge housing • Link homeless individuals with appropriate service provider to develop a housing plan • Identify barriers to housing and provide solutions for homeless individual living on the street. • Help individuals to acquire paperwork and documents needed for housing process • Complete applications to landlords
• Complete subsidy applications and recertification in coordination with HOST • Offer assistance to tenants in requesting and obtaining a reasonable accommodation • Provide/Arrange for security deposits
• Assist tenant with move in once housing is obtained
• Acquire basic necessities
• Arrange for utility deposits
• Advocating with Property Management and other services providers Case Management:
• Individual Service and Support Plan development
• Coordination with medical, dental and mental health providers • Coaching and Crisis intervention
• Transportation to appointments
• Independent living skills coaching
Revised 5/12/21 Page 3 of 6
• Linkage to education, job skills training, and employment or assist with acquiring benefits • Maintain the ongoing relationship with the Tenancy Supports staff. • Work with local communities to recommend improvements and implement changes to homeless response systems.
Measurable Goals
• Measurable Goal 1:
Engage a minimum of two hundred (200) literally or chronically homeless individuals suffering from co-existing mental health and substance abuse challenges and provide referrals to appropriate physical, mental health, substance use and housing services. • Measurable Goal 2:
Assist a minimum of one hundred (100) literally s or chronically homeless individuals suffering from co-existing mental health and substance abuse challenges to exit life on the streets. • Measurable Goal 3:
Link a minimum of seventy-five (75) individuals to crisis stabilization services. • Measurable Goal 4:
Link a minimum of fifty (50) individuals to residential substance use treatment.
Collaboration:
• CONTRACTOR is required to coordinate and work with multiple partners during the project.
San Bernardino County is dedicated to addressing the region's unique needs through the coordination of County, community, and local efforts. As part of the Homeless Street Outreach and Engagement, Housing Navigation, Tenancy Supports and Case Management Pilot Project, these partners will strive to work together to provide services that will improve housing accessibility, food stability, and access to healthcare through the provision of outreach and engagement, and case management.
• The Contractor will collaboratively access resources, ensuring activities with InnROADs and other agencies are coordinated to provide a well-rounded, comprehensive set of services to improve homeless services.
Outreach Worker (12 FTE)
Education: Must meet one (1) of the following options:
Option 1: Thirty (30) semester (forty-five (45) quarter) units of completed coursework from an accredited college in behavioral or social science.
Option 2: Sixty (60) semester (ninety (90) quarter units) of completed coursework from an accredited college, which includes fifteen (15) semester (twenty-three (23) quarter) units in behavioral science. Psych Tech courses and Alcohol and Drug Certificate courses completed as part of a vocational program are acceptable and will be evaluated for equivalent units.
Option 3: Two (2) or more years of experience working with vulnerable populations.
Essential Expertise and Skills
• Linkages to education, job skills training, and employment or assist with acquiring benefits.
• Maintain the ongoing relationship with the Tenancy Staff Supports staff.
Experience providing street outreach to unsheltered homeless populations. • Experience working with social and health care public agencies. • Data collection, analysis, and reporting.
Revised 5/12/21 Page 4 of 6
• Experience working with high-risk individuals with complex health care needs. • Experience in providing care coordination, navigation, and intensive case management. • Strong facilitation skills.
• Ability to communicate clearly with variety of stakeholders. • Understand the concept of cultural competence and its importance in service delivery practices.
• Professionalism and excellent customer service.
• Neutrality.
• Excellent verbal, written, and visualization skills.
• 1:25 Caseload
Professional Development and Training:
• Staff will show completion of training within six (6) months of hire of the following evidence- based practices:
• Housing First
Motivational Interviewing
• Listen, Emphasize, Agree and Partner (LEAP)
• SSI/SSDI Outreach, Access, and Recovery (SOAR)
o. Trauma-Informed Care Practices
• Each staff member is mandated to attend at least four (4) hours of Cultural Competency Training per year.
Staff Hours of Coverage:
Services must be provided a minimum of forty (40) hours per week.
Reporting Requirements:
Contractor shall work in collaboration with OHS for accurate data collection. • Collaboration will include, but not limited to the following:
• Collect, analyze, and report on evaluation elements and their outcomes as defined by OHS.
• Provide support and assistance to OHS in reporting efforts. • Provide daily reports to OHS, which include location coordinates for all records of engagement for upload into ESRI.
• Enter required records into the Homeless Management Information System (HMIS):
Due to the source of funds contractor will have to submit eligible expenses with backup documentation for reimbursement to OHS.
See Exhibit 1 for additional information.
SECTION D. TERM OF CONTRACT:
Amend Paragraph to read as follows:
This Contract is effective as October 5, 2021 and expires March 31, 2023 but may be terminated earlier in accordance with provisions of this Contract.
SECTION F. FISCAL PROVISIONS:
Section F.2 is amended to read as follows:
Revised 5/12/21 Page 5 of 6
F.2 Contractor shall submit monthly claims for reimbursement of eligible expenses incurred no later than ten (10) days from the close of the prior month. All claims submitted shall clearly reflect all reporting requirements and clearly itemize expenses incurred.
All Project Roomkey funds must be expended by February 28, 2023 and all invoices/claims for the Project Roomkey funds must be submitted to County by March 10, 2023. ARPA funding may be utilized through March 31, 2023.
ATTACHMENTS
EXHIBIT 2 - PROGRAM BUDGET is removed and replaced.
EXHIBIT 3 - SCOPE OF WORK is removed and reserved.
EXHIBIT 5 - COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL FISCAL
RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND REQUIREMENTS - is added.
All other terms and conditions of Contract No. 21-749 remain in full force and effect.
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
SAN BERNARDINO COUNTY
Social Work Action Group
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Monica Sapien
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Executive Director
Lynna Monell (Print or Type)
Clerk of the Board of Supervisors
San Bernardino County
By Dated:
Deputy
Address 301 North Spring Street
Lake Elsinore, CA 92530
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Tom Hermandez, Chief of Homeless Services Martha Zepeda, Director Date Date Dale
Revised 5/12/21 Page 6 of 6
Exhibit 2
PROGRAM BUDGET
Item/Quality Unit Cost Total Amount
Outreach Specialist (6) 93,852 563,112
Case Mangers (4) 104,800 419,200
Project Coordinator (2) 114,708 229,416
Project Manager (1) 135,564 135,564
Project Manager (1) 84,856 84,856
HMIS/Data Entry (1) 93,852 93,852
Technology/Supplies 55,000 55,000
Office Space/Utilities 54,000 54,000
Transportation 165,000 165,000
Administrative Fee 199,999 199,999
Grand Total $1,999,999 $1,999,999
Exhibit 5
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractors) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury subcontractors).
Contractor agrees to comply with the following:
A. In accordance with Title 2 Code of Federal Regulations (C. F.R.) Section 200.322, the non- Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national purposes, video surveillance and
Exhibit 5
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F.. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Exhibit 5
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Exhibit "B" for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the County and are available to any interested party on request.
The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.