COMMUNITY DEVELOPMENT BLOCK GRANT
INTERDEPARTMENT MEMORANDUM OF UNDERSTANDING
HOUSING AND HUMAN SERVICES
(Access Center Rehabilitation)
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this charter city and municipal corporation ("City") and HOUSING AND HUMAN SERVICES _, 2024, by and between the CITY OF RIVERSIDE, a California
RECITALS
WHEREAS, the City of Riverside has applied and been awarded grant funds from the United States Department of Housing and Urban Development ("HUD") for the City of Riverside's ("City") fiscal year 2023-2024 Community Development Block Grant ("CDBG"), Catalog of Federal Domestic Assistance ("CFDA") No. 14.218, Program and will administer/monitor the distribution of said funds to City departments, and
WHEREAS, the Subrecipient has submitted its proposal to the City to receive funding from the City's fiscal year 2023-2024 Community Development Block Grant ("CDBG") Program, pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Federal Accounting and Transparency Act of 2006 ("the Act") became effective on October 1, 2010, and requires all CDBG grant recipients to include specific provision in their grant agreements that are identified in paragraph 10.8 below; and WHEREAS, Subrecipient agrees and understands that the Act requires additional reporting requirements, which includes providing information regarding the total compensation and names for the top five highest paid executives of its agency. Further, Subreceipient is referred to as the "Subcontractor" in Section 10.8 below; and
WHEREAS, following a public hearing, the City Council of the City has approved the allocation of Nine Hundred Sixty-One Thousand Dollars ($961,000.00) from its 2023-2024 Community Development Block Grant for the planning, construction, inspection, contract administration and other related costs, as described in the Scope of Services which was submitted by Subrecipient ("Grant funds").
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, the City and Subrecipient agree as follows:
SCOPE OF SERVICES. Subrecipient shall provide services under the Access Center Rehabilitation ("Project"), as more particularly described in Exhibit "A", entitled Scope of Services (Services"), and Exhibit "B" entitled ("Budget") attached and incorporated by reference, in accordance with this MOU.
TERM. . The term of this MOU shall be from July 1, 2023, to June 30, 2025.
3. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this MOU for a total sum of Nine Hundred Sixty-One Thousand Dollars ($961,000.00). Payment shall be made pursuant to the Budget and Section 9.6 of this MOU.
Invoices submitted by Subrecipient shall be delivered to City in accordance with Section 4.
4. NOTICES. Any notices, invoices or payments provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by interoffice mail.
Any notice given by mail shall be addressed to the party to be served as follows:
City of Riverside City of Riverside
Housing and Human Services, CDBG Housing and Human Services Attn: Senior Project Manager Attn: Michelle Davis, Director 3900 Main Street, 5th Floor 3900 Main Street, 5t Floor
Riverside, CA 92522 Riverside, CA 92522
5. AVAILABILITY OF FUNDS/AUTHORIZATION. City's allocation of funding to Subrecipient pursuant to this MOU is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by the United States Department of Housing and Urban Development ("HUD"), and is subject to amendment or termination due to lack of funds or authorization in accordance with Section 9.15. This MOU is subject to written modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 8.1 and 8.2 of this Agreement.
6. EFFECTIVE DATE. This MOU, following its execution by City and Subrecipient, shall not become effective until such time as the City submits to Subrecipient written notice that the City has determined and verified to its reasonable satisfaction, in its discretion, that Subrecipient is an eligible Subrecipient ("Eligible Subrecipient") as defined in Title 24, Code of Federal Regulations section 570.204(c). Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification. A project timeline is attached hereto and incorporated herein by this reference as Exhibit "E", if applicable.
7. COMPLIANCE. By executing this MOU, the Subrecipient hereby certifies that it will adhere to and comply with the obligations that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds including, but not limited to, the following as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:
A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987.
2 legislative changes oTheRed ising nd Unmand y baloural Rectory 27, of 193, ad and Housing and Community Development Act of 1987.
Regulations of the Department of Housing and Urban Development relating to CDBG (24 CFR 570, et seq.).
Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the CDBG program.
D. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing regulations issued at 24 CFR Part I; Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as mended; Section 109 of the Housing and Community Development Act of 1974, as amended, an he regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act o 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107.
E. Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and implementing regulations.
F. The Age Discrimination Act of 1975 (P.L. 94-135), as amended, and implementing regulations.
The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42.
H. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements.
Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution.
The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234).
The regulations, policies, guidelines and requirements of 24 CFR Part 85 "Common Rule," OMB Circular Nos. A-87, A-21, A-110, A-122 and A-128 as they relate to the acceptance and use of federal funds under the federally-assisted program.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 1821-4846), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations.
The Federal Accounting and transparency Act of 2006, P.L. 109-282, as amended by Section 6202(a) of P.L. 110-252.
To the extent, and as may from time to time be required by HUD, copies of the foregoing Policies and Regulations are attached hereto as Exhibit "C".
GENERAL CONDITIONS.
8.1. Modification. This Agreement may only be modified by written agreement between City and Subrecipient.
8.2. Termination. In addition to City's right to terminate pursuant to Section 5 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) days' notice in writing to the other party. The terminating party or its designee is hereby empowered to give said notice, subject to ratification by the City Council. Further, City may immediately terminate this MOU upon the termination, suspension, discontinuation or substantial reduction in Grant funding for the MOU activity. Further, and not withstanding any other provision of this MOU, if Subrecipient materially fails to comply with any term of this MOU, or the award that is subject of this MOU, whether stated in a Federal statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:
A. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency.
B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate the current award for the City's or Subrecipient's program.
D. Withhold further awards for the program.
E. Take other remedies that may be legally available.
Further, and notwithstanding any other provision of this MOU, the award may be terminated for convenience in accordance with 24 CFR Part 85.44.
8.3. Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this MOU are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (a) the costs resulted from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (b) the costs would be 4 allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
8.4. Extensions. In the event the Grant funds are not fully expended on the termination date, this MOU, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this MOU. This MOU may be extended for one fiscal year, at which time this MOU shall automatically terminate unless an additional extension is granted by City. Extensions shall be requested in writing from the City prior to the termination of the MOU, unless the City, in its sole discretion agrees in writing to shorten the time in which an extension may be requested.
ADMINISTRATIVE REQUIREMENTS.
9.1. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City of Riverside, a written statement listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by Subrecipient in conducting current or prospective projects or business activities, including, but not limited to the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project or business activity, and the full name and address of such governmental agency.
For those programs in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total Program regardless of funding sources.
9.2. Use of Grant Funds. Except as otherwise limited by this MOU, Grant funds shall be used exclusively to implement the Program and carry-out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agrees that it shall not use Grant funds to pay for entertainment, meals, or gifts.
9.3. Unused Grant Funds. Subrecipient acknowledges that unused Grant funds, or portions thereof, are subject to a requirement that said funds must be refunded to HUD.
9.4. Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Annual Program Budget, attached hereto as Exhibit "B" and incorporated herein by reference. Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) do not exceed $10,000 per budget cost category; (ii) are specifically requested by 5 City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and vi) are related to salaries, are in accordance with applicable salary ordinances or law.
9.5. Property and Equipment.
A. Non-Expendable Property or Equipment. Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this Program with Grant funds.
This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non-expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.
Approval. Subrecipient shall not purchase or agree to purchase non- expendable property and/or equipment without the prior written approval from the City. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non-expendable property acquired for this program and Grant funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.
Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non-expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Five Thousand Dollars ($5,000) or more per unit without the prior written approval of the City.
D. Purchase or Lease of Non-Expendable Property or Equipment. Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget.
Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to City and be available for inspection and audit upon reasonable notice by City.
Acquisition of Supplies and Equipment. Following approval by City for necessary supplies and equipment for Agreement performance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (i) no more than charges for reimbursement costs are made and no less than minimum specifications are met as required and described in writing by City; (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.
Purchase and Invoice Deadlines. Purchase of equipment and property, other than supplies, shall be completed before the first day of the last three (3) months of the MOU period and all equipment bills are to be paid before the first day of the last two (2) months of this period. 6 No property or equipment, other than supplies, may be purchased during the final three (3) months of the MOU. Subrecipient shall complete all purchases of supplies before the last two (2) months of the MOU and shall pay all supply bills before the final month of the MOU. Invoices, which have not been received by City within thirty (30) days after the MOU termination date, shall not be honored.
Exceptions to these limitations require prior written approval by the City.
9.6. Changes in Grant Allocation. City reserves the right to reduce the Grant allocation Tunes aty rid of monitoria indiate at Subre ental are enditu nited in untient with Subrecipient. Such changes shall be incorporated into this MOU by written amendments.
9.7. Costs and Method of Payment.
Invoicing. City shall pay to the Subrecipient, via an interfund payment, the Grant amount specified in Section 3 of this Agreement above on a reimbursable basis for all approved costs. The Subrecipient shall submit not more often than monthly to the authorized representatives for City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City's discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.
Reimbursement. City shall promptly review the monthly expenditure statement and supporting documentation and reimburse the Subrecipient for approved costs in accordance with its usual accounting procedures, but in no event later than thirty (30) days. The City may require additional information from Subrecipient as may be necessary and appropriate for City to make its determination as to allowable costs.
Program Income. The term "program income" means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)).
Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs incidental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real property owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.
As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by City and Subrecipient if the total amount of such income does not exceed Twenty-Five Thousand Dollars ($25,000). When such income is generated by an activity that is only partially assisted with Grant funds, the program income shall be pro-rated to reflect the percentage of Grant funds actually used by Subrecipient. Subrecipient shall account for 7 program income in accordance with the standards included in 24 FR Part 84.24 and 24 CFR Part 500.
9.9. Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by City and evidenced in the Budget. If the Budget includes any of the aforementioned categories (Section 9.7) of program income or other categories defined in 24 CFR § 570.503(a), (b)(3) and (8), and § 570.504, Subrecipient shall record the receipt and expenditure of program income, as defined above and in 24 CFR § 84 and 24 CFR § 570.500(a), as part of the permanent records of the financial transactions of the Grant program.
9.10. Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Program Services. Furthermore, all other provisions of this MOU shall apply to any services provided with program income. Program income must be used before drawing down additional Grant funds from City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.
9.11. Reversion of Assets. Subrecipient hereby agrees to return all program income, as defined by 24 CFR § 570.500, which is on hand upon expiration of this MOU, or which is received after the MOU's expiration, to the City as required by § 570.503(b)(8) of said Title. Upon expiration of the MOU, real property under Subrecipient's control acquired or improved in whole or in part with Grant funds (including Grant funds provided to the Subrecipient in the form of a loan) in excess of Twenty-Five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the MOU, or for such longer period of time as determined to be appropriate by City; or (ii) not used in accordance with 24 CFR § 570.208(b)(8)(i), in which event the Subrecipient shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.
9.12. Use of Real Property. Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement "real property" means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient's control which was acquired or improved in whole or in part using Grant funds in excess of Twenty-Five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the MOU under which the CDBG assistance was last provided to the Subrecipient for the property.
9.13. NEPA Compliance. Subrecipient agrees that when Grant funds in excess of Twenty- Five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; California Government Code § 7260, et seq. 8 9.14. Change in Use. Subrecipient may not change the use or planned use of the property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. After the public comment period has taken place, the change of use must be approved in writing by City. The new use of the property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use.
9.15. Disposition of Real Property. Real property may be disposed of in the following manner, only atter City has provided affected citizens with reasonable notice, and atter receiving prior written approval from City that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program:
A. Title to the real property shall be managed by Subrecipient subject to the condition that the Subrecipient shall use the real property for the authorized purpose of the project as long as it its needed and shall not encumber the property without approval of City.
B. While managed by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved
C. Written approval from the City must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds.
E. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed.
F. Following the reimbursement the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.
9.16. Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this MOU in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the Budget of this MOU as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient's authority to commit and spend funds, and may restrict Subrecipient's use of both its uncommitted and its unspent funds.
Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City's designee may act for City in implementing and effecting such a reduction and in revising the Agreement for such purpose. City may suspend the operation of this Agreement for up to sixty (60) days, upon three (3) days' written notice to Subrecipient of his/her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, 9 provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
9.17. Program Records. The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations and specifically shall prepare and maintain the following records and reports to assist City in maintaining its record keeping requirements:
A. Records:
(1) Documentation of the income level as defined by the HUD Guidelines set forth on the Compliance Report (copy of report form attached hereto as Exhibit "C" of persons and/or families participating in or benefiting by the Subrecipient's program). (2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient's program.
(3) Documentation of all Grant funds received from the City or other funds to operate the program herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient's Annual Program Budget.
(5) Any other related records as City shall require from time to time.
B. Reports:
(1) Payment Request form.
(2) Quarterly reports to the City of Riverside as shown on the attached Quarterly Compliance Report commencing July 1, of the Program Year and ending June 30, of the Program Year (a copy of the report form and schedule of deadlines are attached hereto as Exhibit "C"). (3) Any such other reports, as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.
9.18. Performance Monitoring. City will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. 10 9.19. Accounting Standards. The Subrecipient shall administer its program in conformance with OMB Circular 1-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred.
9.20. Cost Principles. The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable.
9.21. Audits.
A. Records. The Subrecipient's records shall be open to inspection and audit by the authorized representatives of the City, the Department of U.S. Housing and Urban Development and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims or exceptions.
B. External Audits. If required by the U.S. Department of Housing and Urban Development, Subrecipient shall obtain an external audit in accordance with the single audit regulations (24 CFR Part 44.6). The audit report shall be submitted to the City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U.S.C. 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with OMB Circular A-133 Compliance Supplement (for governmental entities and non- profit subrecipients) and 31 U.S.C. 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with OMB Circular A-133 Compliance Supplement (for governmental entities and non- profit subrecipients) and 31 U.S.C. 7502(a)(1)(A).
9.22. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Subrecipient recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the services. The Key Personnel, listed in Exhibit "D" attached hereto and incorporated herein by this reference, assigned to perform portions of the Services shall remain assigned through completion of the Services unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation, in which case substitutes shall be subject to City approval.
11 10. MISCELLANEOUS PROVISIONS.
10.1. Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and Program participants in a manner, which is non-discriminatory.
10.2. National Origin and Race. Subrecipient shall abide by § 570.601 and § 570.912 of the Code of Federal Regulations at Title 24 which requires that no person in the United States shall on the ground of religion, race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Block Grant Development funds.
10.3. Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto.
10.4. Disabilities. Pursuant to the Americans with Disabilities Act and specifically, 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the City or Subrecipient or be subjected to discrimination by the City or Subrecipient.
10.5. Conflict of Interest. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).
Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers, and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. Any violation of this section shall be deemed a material breach of this Agreement, and the City shall immediately terminate the Agreement.
10.6. Religious Proselytizing or Political Activities. Subrecipient agrees that it will abide by the requirements set forth in 24 CFR 570.200 subsection (i); and as such Subrecipient agrees that, in connection with such public services.
A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately in time or location from the programs or services funded 12 under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services.
B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.
C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDGB funds. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the Grant, or any change in use of the property during the term of the Grant, is subject to government- wide regulations governing real property disposition.
10.7. Lobbying. The Subrecipient certifies to the best of its knowledge and belief, that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
The undersigned shall require that the language 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 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
10.8. Reporting Executive Compensation and First-Tier Subcontract Awards.
A. Definitions. As used in this clause:
13 "Executive" means officers, managing partners, or any other employees in management positions.
"First-tier subcontract" means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long-term arrangements for materials or supplies that would normally be applied to a Contractor's general and administrative expenses or indirect cost. "Total compensation" means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards.
The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
C. (1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data, the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) 14 (a) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent
company, if the subcontractor has a parent company.
(b) Name of the subcontractor.
(c) Amount of the subcontract award.
(d) Date of the subcontract award.
(e) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
Subcontract number (the subcontract number assigned by the Contractor).
(g) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(h) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(i) The prime contract number, and order number if applicable. (i) Awarding agency name and code.
(K) Funding agency name and code.
(1) Government contracting office code.
(m) Treasury account symbol (TAS) as reported in FPDS.
(n) The applicable North American Industry Classification System code (NAICS).
By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year at http://www.ccr.gov, if:
(a) In the Contractor's preceding fiscal year, the Contractor received:
15 (i) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements.
(ii) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements.
(b) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if:
(a) In the subcontractor's preceding fiscal year, the subcontractor received:
(i) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements.
$25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements.
(b) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor 16 (2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor. (E) Phase-in of reporting of subcontracts of $25,000 or more.
Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. (2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.
10.9 Registration. Subrecipient agrees to maintain a current registration in the federal central contractor registration (CCR") database (http://www.ccr.gov) pursuant to the Federal Funding Accountability and Transparency Act, P.L. 109-282, as amended by Section 6202(a) of P.L. 110-252. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this MOU. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://DNB.com) is required for registration in the CCR. Subrecipient shall also complete and sign the Federal Funding Accountability and Transparency Act form, attached hereto as Exhibit "F", in conjunction with its execution of this MOU and provide any supporting documentation if required.
11. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Scope of Services
Exhibit "B" - Budget
Exhibit "C" - Polices and Regulations
Exhibit "D" - Key Personnel
Exhibit "E" - Project Timeline
Exhibit "F" - Federal Funding Accountability and Transparency Act (FFATA) 17 IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California HOUSING AND HUMAN SERVICES Charter city and municipal corporation
By Micam Shi
By:
City Manager Michelle Davis
Director
Date: Date: 18/24
Attest:
City Clerk
Dated:
Certified as to Availability of Funds
Bfor Chestinancial Officer
APPROVED AS TO FORM:
susan Liban
By:
Susan Wilson
Assistant City Attorney
CA: 24-0054
Ilrc-citylawlcycom\wpdocs\d022\p041\00780611.doc
18 EXHIBIT "A"
SCOPE OF SERVICES
Attached:
• Exhibit "A" - Scope of Services - 2023/2024 CDBG Memorandum of Understanding Agreement
EXHIBIT "A"
SCOPE OF SERVICES
Office of Homeless Solutions
Access Center Rehabilitation
Funding awarded in the amount of $961,000 will be utilized for planning, construction, inspection, contract administration and other related costs, as described in the Scope of Work below.
SCOPE OF WORK
a) Project Description
Rehabilitation of the City of Riverside Homeless Access Center located at 2880 Hulen Place.
b) Census Tract and Block Group:
City Wide
c) Units of Service:
This project meets a CDBG National Objective as an Activity Benefiting low- and moderate- income: Limited Clientele where at least 51% of the persons receiving services are low and moderate income.
An estimated 375 persons experiencing homelessness, a population presumed to be low- income, will benefit from the project.
d) List of Specific Activities to be completed:
Design and rehabilitation of the Riverside Access Center including reconfiguring the space to update client service areas and storage and to create secure and private staff areas such as reception desk, break room, conference room, and offices, replacing the HVAC system, repairing the roof, repairing water damaged ceilings, walls, and windows, updating staff and client restrooms, replacing the flooring, general repair and painting, and ensuring that the space adheres to all City codes.
EXHIBIT "B"
BUDGET
Attached:
Exhibit "B" - Project Budget FY 2023/2024
EXHIBIT "B"
BUDGET
Office of Homeless Solutions
Access Center Rehabilitation
BUDGET:
Construction Cost: $911,324
Design, Administration, & Inspection: $ 227,831
Total Project Cost: $1,139,155
EXPECTED FUNDING SOURCES:
CDBG Funds: $ 961,000
Measure Z: $ 178,155
Total Project Cost: $1,139,155
EXHIBIT "C"
POLICIES AND REGULATIONS
Attached:
• CDBG Public Service Attachments
• C-1: Special Equal Opportunity Provisions
• C-2: Federal Labor Standards Provisions
• C-3: Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention
• C-4: CDBG Program Quarterly Compliance Report and Schedule of Compliance Deadlines
EXHIBIT "C"
POLICIES AND REGULATIONS
Attached:
• CDBG Public Service Attachments
• C-1: Special Equal Opportunity Provisions
• C-2: Federal Labor Standards Provisions
• C-3: Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention
• C-4: CDBG Program Quarterly Compliance Report and Schedule of Compliance Deadlines
EXHIBIT C
CDBG ATTACHMENTS
• C-1: SPECIAL EQUAL OPPORTUNITY PROVISIONS
• C-2: FEDERAL LABOR STANDARDS PROVISIONS
• C-3: SPECIAL CONDITIONS PERTAINING TO HAZARDS
SAFETY STANDARDS AND ACCIDENT PREVENTION
• C-4: SAMPLE- SITE SIGN FOR HUD CDBG FUNDED PROJECTS
• C-5: PROJECT AREA TRAINEES, EMPLOYEES AND BUSINESSES
• C-6: NOTICE TO ALL EMPLOYEES REGARDING WAGE RATES
(NOTICES IN SPANISH AND ENGLISH)
• C-7: DOL PAYROLL AND CERTIFICATION - FORM WH-347
(1 page, front and back; or 2 pages, one sided)
• C-8: FEDERAL (DAVIS BACON) WAGE DECISION
SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts of $10,000 and under)
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
2. The Contractor shall post in conspicuous places, available to employees and applicants for Employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 (contracts/subcontracts above $10,000)
1. Section 202 Equal Opportunity Clause
During the performance of this contra t, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
1. EXHIBIT C-1
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided to the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (7) in every subcontract or purchase order unless excepted by rules, regulations, or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.
EXHIBIT C-1
2. Notice or Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts, subcontracts exceeding $10,000)
a. The Offertory's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b. The goals and timetable for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation (See Vol. 45, No. 194, Federal Register, pages 65976-65991, 10/3/80)
Goals for female participation (6.9%, See Vol. 45, No. 251, Federal Register, pages 85750-85751, 12/3/80)
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non- Federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.d (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort shall be a violation of the contract, the Executive Order, and the regulations in 41 CPR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
EXHIBIT C-1
c. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
d. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed, giving the State, County, and City, if any).
3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)
a. As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from which this contract resulted;
"Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(2) "Employer identification number' means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(3) "Minority" includes:
(4)
(i) Black (all persons having origins in any of the
Black African racial groups not ofHispanic
origin);
Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish
Culture or Origin, regardless of race);
Asian and pacific islander (all persons having origins
in Any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
4. EXHIBIT C-1
(iv) American Indian or Alaskan native (all persons
having Origins in any of the original peoples of North
America and maintaining identifiable tribal
affiliations through membership and participation or
community identifications).
b. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
4. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations of all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades, which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.
Each Contractor or Subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees, The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
5. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
6. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
5. EXHIBIT C-1
7. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department ofLabor.
8. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. •b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
6. EXHIBIT C-1
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee program relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meeting, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to school with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
7. EXHIBIT C-1
i. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignment and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegrated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and supplier, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
9. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and temale worktorce participation, makes a good faith effort to • meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance.
8. EXHIBIT C-1
10. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
11. The Contractor shall not use the goals and timetables or affirmative actions standards to discriminate against any person because of race, color, religion, sex, or national origin.
12. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
13. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
14. The Contractor, in fulfilling its obligations under these specifications, shall implement Specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
15. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g. mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not e required to maintain separate records.
16. Nothing herein provided shall be construed as a limitation upon the application ofother laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
9. EXHIBIT C-1
C. Certification of Non-segregated Facilities (Over $10,000) By the submission of this bid, the bidder, Offertory, applicant or subcontractor certifies that he/she does not maintain or provide for his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, Offertory, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract.
As used in this certification, the term "segregated facilities' means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are segregated on the basis of race, color, religion, or are in fact segregated on the basis of race, color, religion, or otherwise (parking lots, drinking fountains, recreation or entertainment areas. He/she further agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certification from proposed subcontractors prior to the award of subcontract exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).
D. Civil Rights Act of 1974
Under Title VI of the Civil Rights Act of 1974, no person shall, on the grounds of race, color, or national origin, e excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
F. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
1. The work to be performed under this contract is on a project assisted under the State CDBG program which provides Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
10. EXHIBIT C-1
2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 134, and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
3. The contractor will send to each labor organization or representative or workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or workers' representative of his 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.
4. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR part 135. The contractor will not subcontract with any subcontractor 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 subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder priorto the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant orrecipient for such assistance, its successors and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient, its contractors or subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR part 135.
G. Age Discrimination Act of 1975
No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.
H. Section 504 Handicapped (if $2,500 or over) Affirmative Action for Handicapped Workers
1. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals
11. EXHIBIT C-1
Without discrimination based upon their physical or mental handicap in all employment practices such as the following: layoff or termination, rates of pay or other forms of, compensation and selection for training, including apprenticeship.
2. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of labor issued pursuant to the Act.
3. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of labor issued pursuant to the Act.
4. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees.
5. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Ace of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.
6. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules; regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
MS/0108r/c
Rev. 11/1/05
12. EXHIBIT C-1
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and known), or
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the deductions as are permitted by classification wage rate (including regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a representative, part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will Contributions made notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs classification incurred for more than a weekly period (but not less often representatives, and HUD or its designee do not agree on than quarterly) under plans, funds, or programs, which
the proposed classification and wage rate (including the cover the particular weekly period, are deemed to be
amount designated for fringe benefits, where appropriate), constructively made or incurred during such weekly period.
HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination for the classification of work actually performed, without determination. The Administrator, regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Budget under OMB Control set forth the time spent in each classification in which work is performed. The wage determination (including any The wage rate (including fringe benefits where
additional classification and wage rates conformed under appropriate) determined pursuant to subparagraphs
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-
(1)(ii) (b) or (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its workers performing work in the classification under this subcontractors at the site of the work in a prominent and contract from the first day on which work is performed in accessible, place where it can be easily seen by the
the classification.
workers.
(iii) Whenever the minimum wage rate prescribed in the
(ii) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a listed in the wage determination and which is to be
fringe benefit which is not expressed as an hourly rate, the employed under the contract shall be classified in
contractor shall either pay the benefit as stated in the conformance with the wage determination. HUD shall
wage determination or shall pay another bona fide fringe approve an additional classification and wage rate and
benefit or an hourly cash equivalent thereof.
fringe benefits therefor only when the following criteria have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 EXHIBIT C-2
of the wages of any laborer or mechanic the amount of any communicated to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe show the costs anticipated or benefits under a plan or program, Provided, That the actual cost incurred in Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or other Federally-assisted contractor will submit the payrolls to the applicant Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3) (i) except that full employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll of the wages required by the contract, HUD information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at suspension of any http://www.dol.gov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant
3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is
(a) (3)(ii), the appropriate information is being maintained enforceable, that the plan or program financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009)
EXHIBIT C-2
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and traine) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash a project in a locality other than that in equivalents for the classification of work performed, which its program is registered, the ratios and wage rates specified in the applicable determination of the journeyman's hourly wage
contractor's or subcontractor's
incorporated into the contract.
program shall be observed. Every apprentice
(c) The weekly submission of a properly executed be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph determination.
A.3. (ii) (b). Apprentices shall be paid fringe benefits in (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. the wage determination for subcontractor shall make the classification. If the Administrator determines records required under subparagraph A.3.(i) available for different practice prevails for the or transcription classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
interview employees during working hours Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer permitted to utilize after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (iT) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant to and individually registered in
4. Apprentices and Trainees. program which has received prior approval, evidenced by Department of Labor,
(i) Apprentices. Apprentices will be permitted to work at and Training Administration.
less than the predetermined rate for the work they
trainees to journeymen on the job site shall not be greater performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
Employment and Training Administration.
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
days of probationary employment as an apprentice in such is individually provisions of the trainee program. If the trainee program apprenticeship program, who not
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
the Office of Apprenticeship Training, Employer and Labor determination unless the Administrator of the Wage and
Services or a State Apprenticeship Agency where
Hour Division determines that there is an apprenticeship appropriate) to be eligible for probationary employment as program associated with the corresponding journeyman
an apprentice. The allowable ratio of apprentices to
wage rate on the wage determination which provides for
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as employee listed on the payroll at a trainee rate who is not to the entire work force under the registered program. Any registered and participating in a training plan approved by worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete form HUD-4010(06/2009)
EXHIBIT C-2
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration
(ili) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in until an acceptable program is approved.
part: "Whoever, for the purpose of ... influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment
shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30.
Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms "laborers" and "mechanics" include watchmen and guards. paragraph.
(1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the
contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for
involve the employment of laborers or mechanics shall require or termination of the contract and for debarment permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
(2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or for liquidated damages. its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual 'employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of $10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010 (06/2009)
EXHIBIT C-2
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract. or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such
to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a requiring the subcontractors
clauses in any lower tier The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health promulgated by the Secretary of Labor by
Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
Previous editions are obsolete form HUD-4010 (06/2009)
EXHIBIT C-2
SPECIAL CONDITIONS PERTAINING TO
HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION
A. Lead-Based Paint Hazards
(Applicable to contracts for construction or rehabilitation of residential structures)
The construction or rehabilitation of residential structures is subject to all HUD Lead-Based Paint regulations including The Lead-Based Paint Poisoning Prevention Act of 1971, The Residential Lead-Based paint azard Reduction Act of 199.
Federally Owned Residential Property and Housing Receiving Federal Assistance", effective September 15, 2000. In particular, but not limited to, the Consultant shall comply with the provisions for the notifications, evaluations, reductions, and abatement of lead-base hazards under Subpart J of said regulation pertaining to rehabilitation.
B. Use of Explosives (Modify as Required)
When the use of explosives is necessary for the prosecution of the work, the Consultant shall observe all local, state and Federal laws in purchasing and handling explosives. The Consultant shall take all necessary precaution to protect completed work neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable, timber, steel or rope mats.
The Consultant shall notify all owners of public utility property of intention to use explosives at least eight hours before blasting is done, close to such property.
Any supervision or direction of use of explosives by the Engineer does not in any reduce the responsibility of the Consultant or his Surety for damages that may be caused by such use.
C. Danger Signals and Safety Devices (Modify as Required) The Consultant shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Consultant fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Consultant. Such action by the Owner does not relieve the Consultant of any liability incurred under these specifications or contract.
EXHIBIT C-3
INVESTING IN OUR FUTURE
FIVERSIDE
City of Arts & Innovation
WARD 3 PROJECT
SIDEWALK IMPROVEMENTS RONALDO FIERRO
COUNCILMEMBER
BARCELONA WAY and MAYOR
RUSTY BAILEY
CAPISTRANTO WAY COUNCIL MEMBERS
ERIN EDWARDS
• HUD FUNDED PROJECT ANDY MELENDREZ
RONALDO FIERRO
• WARD 3 CHUCK CONDER
GABY PLASCENIA
• CONSTRUCTION: JANUARY 2019 to MARCH 2019 JIM PERRY
STEVE HEMENWAY
Funded by: US. Department of Housing and Urban Develpment a Community Development Block Grant Program
CITY MANAGER
Equal Opportunity - Affirmative Action Employer - Executive Order 11246 and Section 3 Housing and Urban Development Act of 1968 SCOTT BARBER
PROJECT AREA TRAINEES, EMPLOYEES AND BUSINESSES
The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project.
The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Housing and Urban Development Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual orother disability which would prevent them from complying with these requirements.
The Contractor shall send to each labor organization or representative of workers with which Contractor has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of Contractor's commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment training.
Contractor shall include this Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. Contractor shall not subcontract with any subcontractor where Contractor has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and shall not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Housing and Urban DevelopmentDepartment issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the City, its successors, and assigns. Failure to fulfill these requirements shall subject the City, its successors and assigns, and Contractor and Contractor=s subcontractors, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CF Part 135.
NOTE: The project area is defined as the city limits of the City of Riverside, California.
EXHIBIT C-5
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.
WAGES
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor's Wage and Hour Division. 1-866-487-9243
WAGE AND HOUR DIVISION TTY: 1-877-889-5627
AWH* UNITED STATES DEPARTMENT OF LABOR www.dol.gov/whd
WH1321 REV 10/17
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECÁNICOS
EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON
ASISTENCIA FEDERAL
SALARIOS do se te puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada co PREVALECIENTES este Aviso para el trabajo que Ud. desempeña SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del APRENDICES Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.
PAGO APROPIADO Si Ud, no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables póngase en contacto con el Contratista Oficial que aparece abajo o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU. 1-866-487-9243
SWHE DIVISIÓN DIE HORAS Y SALARIOS TTY: 1-877-889-5627
DEPARTAMENTO DE TRABAJO DE LOS EE.UU. www.dol.gov/whd
WH1321 SPA REV 10/17
U.S. Department of Labor SWHE
PAYROLL
Wage and Hour Division For Contractors Optional see Instructions at www../wh/forms/wh347instr.htm) U.S. Wage and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec. 2008
NAME OF CONTRACTOR OR SUBCONTRACTOR O
OMB No.:1235-0008
Expires: 07/31/2024
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (3) (4) DAY AND DATE
DEDUCTIONS
NAME AND INDIVIDUAL IDENTIFYING NUMBER OR NET
GROSS WITH- WAGES
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY WORK OT. TOTAL ( RATE AMOUNT HOLDING TOTAL PAID NUMBER) OF WORKER CLASSIFICATION HOURS WORKED EACH DAY [HOURS| OF PAY EARNED FICA OTHER DEDUCTIONS FOR WEEK WoU SC. 304) Era los an oint to parain or on fert tranced or asted onston contacts to trash weaky a statement win respect to he wages pai ach employe ling the preeting week? US, Depatment of Labor 001, regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have Washington, D.C. 2rding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room 53502, 200 Constitution Avenue, N. W (over)
Date
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
- Each laborer or mechanic listed in the above referenced payroll has been paid, (Name of Signatory Party) (Title) as indicated on the payroll, an amount not less than the sum of the applicable do hereby state: in the contry ct, ge rat auste aim section the beloved fringe benefits as listed (1) That I pay or supervise the payment of the persons employed by (c) EXCEPTIONS
on the
(Contractor or Subcontractor) EXCEPTION (CRAFT) EXPLANATION ; that during the payroll period commencing on the
(Building or Work)
_ day of_ , and ending the _ - day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
REMARKS:
correze To complete that wasee orla core enough no less nee applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. progra That are in a Siste apred in hi agen red are du by he Bureau of A predicate anship.
Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS NAME AND TITLE SIGNATURE - in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF except as noted in section 4(c) below. TITLE 31 OF THE UNITED STATES CODE.
Federal (Davis Bacon) Wage Decision
The most current Federal Wage Decision in effect 10 days prior to the bid opening date must be appended to the Bid Specification and Contract.
The most current Federal Wage Decision in effect 10 days prior to the bid opening date must be appended to the Bid Specification and Contract Federal (Davis Bacon) Wage Decision
EXHIBIT C-8
EXHIBIT "D»
KEY PERSONNEL
Attached:
• CDBG MOU Agreement 2023/2024 -- Exhibit D -- Key Personnel EXHIBIT "D"
Office of Homeless Solutions
Access Center Rehabilitation
1. Agripina Neubauer, Project Manager
2. Robert Wise, Senior Project Manager
3. Martha Naranjo, Project Coordinator
EXHIBIT "E"
PROJECT TIMELINE, IF NEEDED
EXHIBIT "E"
PROJECT TIMELINE
Office of Homeless Solutions
Access Center Rehabilitation
Activity Due Date
NEPA Review Completed March 2024
Project Planning July, 2024
Project Design & Bidding September 2024
Contract Award December 2024
Construction Start April, 2025
Construction Completion June, 2025
Final Payment to Contractor July, 2025
EXHIBIT "F"
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) The Federal Funding Accountability and Transparency Act (FFATA or "Transparency Act") was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov.
The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees (1.e prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements Prime contract awardees will report against sub-contracts awarded and prime grant awardees will report against sub-grants awarded. The sub-award information entered in FSRS will then be displayed on www.USASpending.gov associated with the prime award furthering Federal spending transparency.
The Transparency Act requires information disclosure concerning entities receiving Federal financial assistance through Federal awards such as Federal contracts, sub-contracts, grants, and sub-grants.
Specifically, the Transparency Act's section 2(b)(1) requires the City to provide the following information about each sub-award(s) greater than $25,000:
• Name of the entity receiving the award;
• Amount of the award;
NAICS code for contracts / CFDA program number for grants; • Information on the award including purpose of the funding action; • Location of the entity receiving the award and primary location of performance under the award;
• Unique identifier (DUNS #) of the entity receiving the award and the parent entity of the recipient;
Names and total compensation of the five most highly compensated officers of the entity if the entity:
In the preceding fiscal year, received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 780(d))) or section 6104 of the Internal Revenue Code of 1986.
I,- Michelle Jais (print name), hereby agree that:
Iread and understand the information provided above.
I acknowledge and agree that:
(Please check one of the following)
Micite Savi Calva Rivord (ageney name) does not met heabove threshold requiring namés and total compensation of the five most highly compensated officers of the entity if the entity.
Lily of Riversid _(agency name) does meet the above
threshold* requiring names and total compensation of the five most highly compensated officers of the entity if the entity.
*If agency meets the above threshold, the agency MUST complete the section below identifying the names and total compensation of the five most highly compensated officers of the entity, signed and dated by the one of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or Treasurer.
Names of Executive Total Compensation
1. 2.
3. 4.
5. Michelle Davis
Signature of Housing and Human Services Department Director Macle
Signature Of Housing and Human Services Department Director Rev: 3/21/19
EXHIBIT "G"
ENVIRONMENTAL ASSESSMENT PROJECT DATA FORM
Office of Homeless Solutions
Access Center Rehabilitation
Project Address/Location:
HUD Grant Number:
Project Account Number for Planning Department to Charge for EA Preparation: (Include J L Key and J L Object.)
Estimated Project Cost: (Include the portion to be funded in this review.) Complete Project Cost: (Include all parts, phases and related and connected actions, and itemize all funding sources and amounts.)
CDBG Funds $961,000
Total Project Cost $961,000
Statement of Purpose and Need for the Proposal: (Clearly explain the City's underlying objectives.) Update and rehabilitate the homeless Access Center
Description of the Proposal: (Include all contemplated actions which logically are either geographically or functionally a composite part of the project, regardless of the source of funding.) The proposed work includes design and rehabilitation of the Access Center Existing Conditions and Trends: (Describe the existing conditions of the project area and its surrounding and trends likely to continue in the absence of the project.) The existing space at the Access Center is in a state of disrepair and the open floor plan makes it difficult for staff to properly store needed supplies, or provide private areas for counseling or work.
ALTERNATIVES TO THE PROPOSED ACTION