COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BLINDNESS SUPPORT SERVICES
(The Blindness Support Services Roof Repair Project)
THIS AGREEMENT is made and entered into this.
by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City") and BLINDNESS SUPPORT SERVICES, a California non-profit corporation ("Subrecipient").
RECITALS
WHEREAS, the City has applied and been awarded grant funds from the United States Department of Housing and Urban Development ("HUD") for the City's fiscal year 2024-2025 Community Development Block Grant ("CDBG"), Catalog of Federal Domestic Assistance ("CFDA) No. 14.218, Program and will administer/monitor the distribution of said funds; and WHEREAS, the Subrecipient has submitted its proposal to the City to receive funding from the City's fiscal year 2024-2025 Community Development Block Grant ("DBG") 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 Two Hundred Fifty Thousand Dollars ($250,000.00) from its 2024-2025 Community Development Block Grant to enable the Subrecipient to repair the roof on its owned and occupied office facility, 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:
1. SCOPE OF SERVICES. Subrecipient shall provide services under The Blindness Support Services Roof Repair Project, as more particularly described in Exhibit "A", entitled Scope of Services ("Services"), and Exhibit "B" entitled Budget ("Budget") attached and incorporated by reference, in accordance with this Agreement.
TERM. The term of this Agreement shall be from July 1, 2024, to June 30, 2025.
The Project Timeline is attached hereto as Exhibit 4P)" and incorporated herein by referezee
3. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum of Two Hundred Fifty Thousand Dollars ($250,000.00). Payment shall be made pursuant to the Budget and Section 9.6 of this Agreement.
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 mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
City Subrecipient
City of Riverside Blindness Support Services
Housing & Human Services Attn: Pete Benavidez
3696 Beatty Drive
Department Riverside, CA 9206
Development Division
Attn: Project Coordinator/Grants Div.
3900 Main Street, 5" Floor
Riverside, CA 92522
5. AVAILABILITY OF FUNDS/AUTHORIZATION. The City's allocation of funding to Subrecipient pursuant to this Agreement 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 Agreement 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 8.5 and 8.6 of this Agreement.
6. EFFECTIVE DATE. This Agreement, 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 his/her reasonable satisfaction, in his/her sole 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.
COMPLIANCE. By executing this Agreement, the Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the City 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.
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, except that Subrecipient does not assume City's environmental responsibilities.
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 amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 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.
The Age Discrimination Act of 1975 (P.L. 94-135), as amended, and implementing regulations.
G. 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).
K. 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.
L. 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.
M. 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".
8. GENERAL CONDITIONS.
8.1. Subrecipient as Independent Contractor. In the performance of this Agreement, Subrecipient, and Subrecipient's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside.
Subrecipient acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Subrecipient, or to Subrecipient's employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.
8.2. Indemnity. Except as to the sole negligence or willful misconduct of the City, Subrecipient shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient's employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient's employees, subcontractors or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.
Subrecipient shall also defend, indemnify and hold City harmless from any loss, damage or attorneys' fees incurred because of any claim by any person or entity, including HUD, because Subrecipient has failed to meet any CDBG requirements.
The parties also expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or carly termination of the Agreement.
8.3. Insurance.
A.
Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified it vriting by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.
B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient's indemnification obligations under Section 8.2 hereof.
Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of his Agreement, unless such policy or coverage is issued by insurance companies authorized t transact insurance business in the State of California with a policy holder's rating of A or higher and D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient's sole expense.
Workers' Compensation Insurance: By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Subrecipient shall carry the insurance or provide for self-insurance required by California law to protect said Subrecipient from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Subrecipient shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self-insured for such coverage, or (2) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.
G. Commercial General Liability. Prior to City's execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient's insurance policies.
Subrecipient's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
H. Subcontractors' Insurance. Subrecipient shall require all of its subcontractors to carry insurance, in an amount sutficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers' Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.
I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.
All Subrecipients that do not require the use of an automobile to meet program requirements in the Scope of Work must complete Exhibit "G" Certification Regarding Automobile Usage and Receipt of CDBG Funding from City of Riverside attached hereto and incorporated herein by reference.
Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to the City that meet the following requirements):
Subrecipient's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Subrecipient's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient's performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient's employee vehicles, non-Subrecipient owned vehicles and hired vehicles.
The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient's automobile insurance policy.
8.4. Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for the Services provided by this Agreement. All activities, facilities, items and publications utilized or made possible pursuant to this Agreement shall indicate the funding source. for one fiscal year in the sole discretion of the City, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City at least sixty (60) days prior to the termination of the Agreement, 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. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City 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, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.
For those projects, programs, and business activities 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 project, program, or business activity regardless of funding sources.
9.2. Use of Grant Funds. Except as otherwise limited by this Agreement, Grant funds shall be used exclusively to implement the project, program, business activity, 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. Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Annual 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 City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity 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.
9.4. 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 project, program, or
8.5. Amendment. In addition to the City's right to modify pursuant to Section 5 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.
8.6. Termination. In addition to the 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) day 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, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award the subject of this Agreement, 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.
Withhold further awards for the program.
Take other remedies that may be legally available.
Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 24 CFR Part 85.44.
8.7. Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless 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 allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
8.8. Extensions. In the event the Grant funds are not fully expended on the termination date, this Agreement, 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 Agreement. This Agreement may be extended business activity 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.
B. 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 project, program, or business activity 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.
C. 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.
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 as well as being available for inspection and audit upon reasonable notice by the City at the request of City.
E. 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 provided in writing by City; (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.
F. 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 Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement.
Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City and the City.
9.5. Changes in Grant Allocation. City reserves the right to reduce the grant allocation when City's fiscal monitoring indicates that Subrecipient's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated into this Agreement by written amendments.
9.6. Costs and Method of Payment.
A. Invoicing. The City shall pay to the Subrecipient 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 of the 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.
B. Reimbursement. The 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 the City to make its determination as to allowable costs.
9.7. 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 program income in accordance with the standards included in 24 CFR Part 84.24 and 24 CFR Part 500.
9.8. Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by the 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.
9.9. 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 Services. Furthermore, all other provisions of this Agreement shall apply to any services provided with program income. Program income must be used before drawing down additional grant funds from the City, except in the case of a revolving tund. 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.
9.10. 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 Agreement, or which is received after the Agreement's expiration, to the City as required by § 570.503(b)(8) of said Title.
Upon expiration of the Agreement, 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 Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.208(b)(8)(i), in which event the Subrecipient shall pay to the 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.
9.11. 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 Agreement under which the CDBG assistance was last provided to the Subrecipient for the property.
9.12. 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.
9.13. 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; (i) 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.
9.14. Disposition of Real Property. Real property may be disposed of in the following manner, only after City has provided affected citizens with reasonable notice, and after 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 vest in Subrecipient subject to the condition that the Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it its needed, and shall not encumber the property without approval of the City;
While held 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;
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; D. Should the real property or the improved or constructed facility be used, during the term set forth in paragraphs 23(a)(i) and 24 of this Agreement, for a purpose not onsistent with applicable federal regulations governing Grant funds or should Subrecipient desire t ell the real property or facility, then
(1) If Subrecipient retains title, it will have to reimburse either City Government an amount that represents the percentage of current fair market value that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct (2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either the City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construc or improve the facility. This percentage amount will be calculate after deducting all actual and reasonable cost of sale from the sale proceeds
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.
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.
9.15. 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 Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement 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, 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.
9.16. 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 the 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 project, program, or business activity).
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient's project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other Subrey perate the project, program, or business activity herein by (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.
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.
9.17. Performance Monitoring. The 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.
9.18. Accounting Standards. The Subrecipient shall administer its project, program, or business activity 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.
9.19. Cost Principles. The Subrecipient shall administer its project, program, or business activity in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable.
9.20. 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).
9.21. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant 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 and 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 Agency approval.
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, genetic information, gender, gender identity, or gender expression.
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 under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and 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:
A. 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.
B. 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.
C. 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 anc lisclose accordingly. This certification is a material representation of fact upon which reliance wa 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:
"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.
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 $30,000 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.) (a) Unique Entity Identifier (UEL) 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.
(f) 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.
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).
(2) 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 https://federalcontractorregistry.com/, if:
(a) In the Contractor's preceding fiscal year, the Contractor received:
(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.)
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.
(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.)
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 awards
(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.
Phase-in of reporting of subcontracts of $25,000 or more:
(1) 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.
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 (https://federalcontractorregistry.com/) 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 attached Exhibit "F" in conjunction with its execution of this Agreement and provide any supporting documentation if required
11. Buy America Preference (BAP): If applicable, the Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project.
Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
12. 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) Exhibit "G" - Certification Regarding Automobile Usage (If applicable) (Signatures on Following Page)
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 BLINDNESS SUPPORT SERVICES, Charter city and municipal corporation a California non-profit corporation By:_
By: _ Name:
Name: Title:
Title:
Date: _
Date:
By: _
Attest: Name:
City Clerk Title:
Date:
Certified as to Availability of Funds:
By: _
Chief Financial Officer
APPROVED AS TO FORM:
By: Sean Manghy
Sean B. Murphy
Deputy City Attorney
rc-citylawicycomlwpdocsid014\p045\00893468.do
A• 24.1000 SRM 11/14|/2
EXHIBIT "A"
SCOPE OF SERVICES
Blindness Support Services, Inc.
The Blindness Support Services Roof Repair project
Funding awarded in the amount of $250,000 will be utilized for planning, construction, inspection, contract administration, and other related costs, as described in the Scope of Work below.
SCOPE OF WORK
The proposed CDBG Blindness Support Services Roof Repair project is intended to secure $250,000 in Community Development Block Grant funds to enable the organization to repair roof on its owned and occupied office facility.
LOCATION: The location in which the work will be performed is 3696 Beatty Drive, Riverside California, 92506.
EXHIBIT "B"
BUDGET
Blindness Support Services, INC
The Blindness Support Services Roof Repair project
BUDGET: $250,000
Construction Cost: $199,703,00
Design, Administration, & Inspection: $50,297
Total Project Cost: $250,000
EXPECTED FUNDING SOURCES:
[CDBG Funds: $250,000
Local Funds: $0
Total Project Cost: $ 250,000
•
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
• G-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 Subiect 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 recrultment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training, including apprenticeship.
2. The Contractor shall post in conspicuous places, avallable 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 quallfied applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. Contractors shall incorporate foregolng requirements In all subcontracts.
B. Executive Order 11246 (contracts/subcontracts above $10,000)
1. Section 202 Equal Opportunity Clause
During the performance of this contrat, 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 byor on behalf of the Contractor, state that all qualified applicants will receive consideratlon without regard to race, color, religion, sex, or national origin. c. The Contractor wlll send to each labor unlon 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 avallable 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 inellgible 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.
2. 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 to employ minorities and women evenly on each of its projects. The transter of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CPR Part 60-4. Compliance with the goals wlll be measured against the total work hours performed
3. EXHIBIT C-1
0. 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, Ifany).
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 Compilance 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)
(1) 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 compllance with the provisions of any such Hometown Plan.
Each Contrator 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 achleve 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. Nelther the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a colfective bargaining agreement, to refer either ninorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
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 opportunitles. Tralnees 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 facilitles at which the Contractor's employees are assigned to work. The Contractor, where possible, wiil 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 iist of minority and female recruitment sources, provide written notification to minority and female recruftment sources and to community organizations when the Contractor or Its unions have employment opportunities avallable, 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.
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.
9. 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 maintalned identifylng 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, spacifically including minority and female news medla, 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.
Direct its recrultment efforts, both oral and written, to minority, female and other training by any recruitment source, the Contractor shall send writter notification to organizations such as the above, describing the openings, EXHIBIT C-1
Encourage present minority and female employees to recrult 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.
'I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seel 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 activitles to ensure that the EEO policy and the Contractor's obligations under these specifications are being carrled out.
n. Ensure that all facilities and company activities are nonsegrated except that separate or single-user tollet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. 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 female workforce 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.
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 actlon 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, ornational 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 falls 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 falls to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 GFR 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 carrled 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 traines, 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).
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 ther 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 facilitles' 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, reilgion, or are in fact segregated on the basis of race, color, religion, or otherwise (parking lots, drinking fountalns, 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 filles; 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" Compllance in the Provision of Training, Employment and Business Opportunitles
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 equires that to the greatest extent feasible opportunities for training and employmer e given lower income residents of the project area and contracts for work in connectic with the project beawarded to business concerns which are located in, or owned in substantlal part by persons residing in the area of the project.
10. EXHIBIT C-1
2. The partles 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 ortraining.
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 prior to 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.
Fallure 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 recelving 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 handlcap 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 ther 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 noncompllance 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 notlfy 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/0108г/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 The work to be performed by the classification The Project or Program to which the construction work requesled Is not performed by a classification in the wage covared by this contraot pertains Is being assisted by the determination; and United States of Amerlca and the following Federal Labor (2) The classification Is utilized in the area by the Standards Provisions Included in this Contract construction Industry; and pursuant to the provlalone applicable to such Federa! (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 contalned in the wage determinatlon. employed or working upon the site of the work, will be pald (b) If the contractor and the laborers and mechanics 10 be unconditionally and not less often than once a week, and employed in the classificatlon (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or Its designee agree on the (except such payroll deductlons as are permitted by wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where approprlate), 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 beneflis (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 contalned in the wage determinatlon of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, part hereof, regardless of any contractual relatlonshlp disapprove every additional classification actlon within 30 which may be alleged to exist between the contractor and days of receipt and 3o advise HUD or Its designee or will such laborers and mechanics. Contributlons made or notlfy HUD or Its designee within the 30-day perlod that costa reasonably antlcipated for bona flde fringe benefits additional time is necessary. (Approved by the Office of under Sectlon I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechancs are considered wages pald to such 0140.) laborers or mechanles, subject to the provisions of 29 CFR
5.5(a)(1)(lv); also, regular contributions made or costs (c) In the event the contractor, the laborers or machanics 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 perlod, are deemed to be
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD er 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 Its designee, for the classiflcation of work actually performed, without The Administrator, or an authorized 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 wlll notify classification may be compensated at the rate specified for 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 Management and Budget under OMB Control Number set forth the ilme spent in each classification in which work Is performed. The wage determination (including any additional classificatlon and wage rates conformed under The wage rate (including fringe benefits where 29 CFR 5.5(a)(1XII) and the Davis-Bacon poster (WH- approprlate) determined pursuant to subparagraphs (1)([I)(b) or (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and workers performing work in the classification under this acceasible, place where It can be easily seen by the contract from the first day on which work is performed In workers. the classifloation.
(1I) (a) Any class of laborers or mechanics which is not (lil) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a Ilsted In the wage determination and which is to be
fringe benefft which la not expressed as an hourly rate, the the contract shall be classified in
conformance with the wage determination. HUD shall contractor shail either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criterla benefft or an hourly cash equivalent thereof. (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)
Prevlous editlons are obsolete Page 1 of 5 nef. Handbook 1344,1 EXHIBIT C-2
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or costs reasonably anticipated In providing bona fide fringe affected, and records which show the costs antlcipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employlng apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintan written evidenoe of the Bacon Act have been met. registration of apprenticeshlp programs and certification of require the contractor to set aside In a separate account trainee programs, the reglstration of the apprentices and assets for the meeling of obligations under the plan or trainees, and the ratlos and wage rates prescribed in the program. (Approved by the Office of Management and programs. (Approved by 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.) acion or upon written request of (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 other Federally-assisted contractor wlll submit the payrolls to the applicant Davis-Bacon prevalling 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 payrolis submitted shall set out acorued payments or advances as may be considered accurately and completely all of the information required necessary lo be malntalned under 29 CFR 6.5 (a)(3) (I) except that full apprentices, trainees and helpers, employed by the social securlty 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 mochanic, Including any apprentice, trainee or each employee (e.g:, the last four diglts of the employee's helper, employed or working on the site of the work, all or social security number). The requred weekly payroll part of the wages requred by the contract, HUD or its Information may be submitted in any form desired. designee may, after written notice to the contractor, Opilonal Form WH-347 is avallable for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Divialon Wab site at necessary to cause the http://www.dol.gov/osa/whd/forms/wh347instr.htm or its payment, successor site. The prime contractor is rasponsible for violations have ceased. the submisslon of coples of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shail malntain the full withheld for and on account of the contractor or 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 Goneral shall make such HUD or Its deslgnee 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 payrolis 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 Divislon of the Department of Labor for purposes of an perlod of three years thereafter for all laborers and investigation or audit of compllance with prevailing wage mechanlos working at the site of the work. Such records requrements. It is not a vlolation of this subparagraph for shall contaln the name, address, and socal security a prime contractor to require a subcontractor to provide number each such worker, his or her correct addresses and socal security numbers to the prime classification, hourly rates of wages paid (including rates contractor for Its own records, without weekly submission of contributlons or oosts anticlpated for bona fide fringe to HUD or Its designee.. (Approved by the Office of beneflts or cash equivalents thereof of the types described Management and Budget under OMB Control Number In Section I(b)(2)(B) of the Davls-bacon Act), dally and 1216-0149.) weekly number of hours worked, deductions made and (b). Each payroll submitted shall be accompanled by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.6 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanio Include the amount of any costs the payment of the persons employed under the contract reasonably anticlpated In providing benefits under a plan and shall certify the following:
or program desorbed In Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shail maintain records Information required to be provided under 29 CFR 5.5 show that the commitment to provlde such benefits is
(a)(3)(Ii), the appropriate information is being maintaned enforceable, that the plan or program la financially under 29 CFR 6.5(a)(3)(i), and that such Information Is reaponsible, and that the plan or program has been
correct and complete;
Prevlous editions are obsolete formn HUD-4010 (05/2009) Pago 2 of 5 ref. Handbook 1344.1
EXHIBIT C-2
(2) That each laborer or mechanic (Including each helper, Is not registered or otherwise employed as stated above, apprentice, and fraine) employed on the contract during shall be pald not less than the applicable wage rate on the the payroll perlod has been pald the full weekly wages wage determination for the classification of work actually earned, without rebate, elther directly or Indirectly, and performed. In addition, any apprentice performing work on that no deduotlons have been made elther directly or the Job site in excess of the ratlo permitted under the earned, other than registered program shall be pald not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage datermination for tho (3) That 'each laborer or mechanic has been pald not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locallty other than that in equivalents for the classification of work performed, as which Its program is registered, the ratlos and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly Incorporated Into the contract. rate), specified in the contractor's registered program shall be observed.
(c) The weekly submission of a properly executed
must be pald at not less than the
certificatlon 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 exprassed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph
A.3. (iI)(b). Apprentices shall be paid fringe benefits In accordance (d) The falsification of any of the above certifications may with the provislons of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Secton 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 the applicable (11I) The contractor or subcontractor shall make the If the Administrator determines that a records requred under subparagraph A.3.(I) avallable for different practice prevails for the applicable apprentice Inspection, copying, transcription by authorized classification, fringes shall be paid in accordanoe with that representatives of HUD or Its designee or the Department determinatlon. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Employer and Labor Services, or a State Intervlew employees during working hours on the Job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor falls io submit the required withdraws approval of an apprenticeship program, the reoords or to make them avallable, HUD or its designee will no longer may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such actlon as may be necessary for the work performed until an acceptable program is 1o causo the suspension of any further payment, advance, or guarantee of funds. Furthermore, fallure 1o submit the (ii) Trainoes. Except as provided In 20 CFR 6.16, 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 a
4. Apprentices and Trainees. program which has received pror approval, evidenced by (I) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, Employment and Tralning Administratlon. The ratio of
less than the predetermined rate for the work they
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater Individually registered in a bona fide apprenticeship permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training of must be paid at not less than the rate specified in the Administration, Office
approved program for the trainee's level of progress,
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency expressed as a percentage of the Journeyman hourly rate recognized by the
Office, or if a person is employed In his or her first 90 specified in the applicable wage determination. Tralnees days of probationary employment as an apprentice In such shall be paid fringe benefits In accordance with the an apprenticeship program, who Is not Individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, tralnees shall be palc the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits Ilsted on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage anc appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship an apprentice. The allowable ratio of apprentices to program assoclated with the corresponding journeyman wage rate on the wage determination which provides for
journeymen on the job site In any craft classification shall less than full fringe benefits for apprentices. Any
not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee Ilsted on the payroll at a trainee rate who is not registered and partllpating in a training plan approved by worker listed on a payroll at an apprentice wage rate, who Previous edtions are obsolete form HUD 4010(06/2009)
EXHIBIT C-2
the Employment and Training Administration shall be pald awarded. HUD contracts or participate in HUD programs not less than the applicable wage rate on the 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 tralnee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratlo permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act pald 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
withdraws approval of a training program, the contractor (III) The penalty for making false statemente Is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.G. 1001. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program Is approved. "Federal Housing Administratlon transactions", provides In 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 Execut/ve Order 11246, as more than iwo years, or both." amended, and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compilance with Copeland Act requirements. The Employees. No laborer or mechanlo to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provislons 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 agalnst 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 complant or Instituted or caused to be instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testifled or is about to testify in any Instructlons require, and a copy of the applicable proceeding under or relating to the labor standards provalling wage decislon, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses In any lower tler B. Contract Work: Hours and Safety Standards Act. The subcontracte. 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 tler 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 requremonte. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracling for any part of the contract work which may requre 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 recelves
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 and 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 workweek. herein incorporated by reference in this contract (2) Violation; liability for unpald wages; liquidated
9. Dlsputes 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 llable clause of this contract. Such disputas shall be resolved in for the unpald wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the Unlied States (in the Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such Distriel or to the contractor (or any of Its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (1) Certification of Eligibillty, By entering Into this employed in violatlon of the clause contract the contractor certifles 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 indlvidual 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 Sectlon 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 forn HÚD-4010 (06/2008)
EXHIBIT C-2
(3) Withholding for unpald wages and Ilquldated
damagos. HUD or Its designee shall upon Its own aotlon
or upon written request of an authorized representative of the Department of Labor withhold or cause to be wlthheld, 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 sums as may be
determined to be necessary to
such contractor or subcontractor for unpald 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 any subcontracts the clauses set forth In
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to Include these
clauses In any lower tier subcontracts. The prime
contrator shall ba 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 Care applicable where the amount of the prime contract exceads $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safoly and health standards promulgated by the Secretary of Labor by
regulation.
(2) The 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
sanctlons pursuant to the Contraot Work Hours and Safety Standards Act, (Publlc Law 91-54, 83 Stat 96). 40 USC
3701 et seg.
(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 us 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 For 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 Hazard Reduction Act of 1992, and 24 CFR Part 35 "Requirements for Notification, Evaluation and Reduction of Lead-Based paint Hazards in 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
RIVERSIDE
City of Arts & Incovation
WARD 3 PROJECT
SIDEWALK IMPROVEMENTS RONALDO FIERRO
COUNCILMEMBER
BARCELONA WAY and •MAYOR
RUSTY BAILEY
CAPISTRANTO WAY COUNCIL MEMBERS
ERIN EDWARDS
ANDY MELENDREZ
• HUD FUNDED PROJECT RONALDO FIERRO
• WARD 3 CHUCK CONDER
GABY PLASCENIA
• CONSTRUCTION: JANUARY 2019 to MARCH 2019 JIM PERRY
STEVE HEMENWAY
Funded by US. Departen Housing and ro Be pent Community elope ok ran Program
CITY MANAGER
SCOTT BARBER
Equal Opportunity - Aimative Action Employer Execufive Order 11246 and Section 3 Housing and Urban Development Act of 1968
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 opportunitles 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 theproject.
The parties to this contract will comply with the provisions of sald 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 thatthey 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, ifany, a notice advising the said labor organization or worker's representative of Contractor's commitments under this Section 3 clause and shall post coples 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 vlolation 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 DevoopmentDepartment 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 fuffill 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 pald 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-hall times your baslc 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 recelve 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 falsifles certilled payroll records or Induces wage kickbacks may be subject to divil or criminal prosecution, flnes and/or Imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
PROPER PAY it you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer Ilsted below:
or contact the U.S. Department of Labor's Wage and Hour Division. :1:806-467-9243
WAGE AND HOUR DIVISION Try: 1 877-089-5627
EWHE UNITED STATES DEPARTMENT OF LABOR
www.dal.gov/wha
:H1321 HEY 10/12
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECÁNICOS
EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON
ASISTENCIA FEDERAL
SALARIOS No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con PREVALECIENTES este Avleo para el trabajo que Ud, desempeñia.
SOBRETIEMPO Se lo ha de pagar no menos de tiempo y medlo de su tasa bás!ca de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepolones.
CUMPLIMIENTO se pusden retener pagos por contratos para asegurarse que los obreros reclban los salarios y el pag de sobretlempo debidos, y ee podría aplicar daños y perjulcios si no se cumple con las exigencias de pago de sobretiempo. Las cláusulas contractuales de Davis-Bacon permiten la terminación y exclusión de contratistas para efectuar futuros contratos federales hasta tres años, El contratista que falsifique los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser suleto a procesamiento olvll o criminal, multas y/o encaroelamiento.
APRENDICES Las tasas de aprendices sólo se aplican a aprencices correctamente Inscritos balo programas federales o estelales aprobados.
PAGO APROPSADO SI Ud. no recibe el pago aproplado, o precisa de Información adolonal sobre los salarlos aplicables, póngasa on contacto con el Contratista Oficial que aparece abajo:
o póngase en contaoto ooh la División de Horas y Salarlos del Departamento de Trabajo de los EE.UU. 1-866-487-0243
*DIVISIÓN DE HORAS Y SALARIOS TrY: 1-877-889-5627
EWH* DEPARTAMENTO DE TRABAJO DE LOS EE OUT www.dol.gov/vhd • WHIS21 SPA: REV 10/17
U.S. Department of Labor PAYROLL -WHE
Wage and Hour Division
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Persons are not requirad to respond to the collection of information unfess it displays a curerity valid OMB controd number. U.S. Wage and Hour Division.
NAME OF CONTRACTOR DI OR SUSCONTRACTOR M Rev. Dec. 2008
ADDRESS
OMB No.:1235-0008
Expires: 07/31/2024
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (4) DAY AND DATE (9)
DEDUCTIONS
NAMEAND INDIVIDUAL IDENTIFYING NUMBER OT. OR ST. NET
(e.g, LAST FOUR DIGITS OF SOCIAL SECURITY GROSS WTH- WAGES
WORK TCTALI RATE AMOUNT HOLDING TOTAL PAID
NUMBER) OF WORKER CLASSIFICATION HOURS WORKED EACH DAY (HOURS OF PAY EARNED FICA • TAX OTHER DEDUCTIONS FOR WEEK TO U.S.C. $ 304 orator a contacts parity wok on feray nanced or asia contin arists a rama way a rented in esper the rege rag act the yearn a preing red i repare of abor i regain at 29 C.F.R § 55(a)(3)(") require contractors to submit weekly a copy of all payrols to the Federal agency contracting for or minancing the construction project, accompanied by a signed "Statement of Complanca Indicating that the payrolls are correct and complete and that each laborer or mechanic has been pard 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 detemine that employees have received legally required wages and fringe benetits.
Public Burden Statement
We estimate that is vil take an average of 55 minutes to complete this collection, including time for revieving instructions, searching existing data sources, gathering and maintelning the data needed, and completing and reviewing the collection of infarmation, If you have any conten earn these estates any other espect this colete, indisting suesion for reducing this burden, send them to the Administrator, lage and Hour Division, U.S. Deparent of Labor, Room 53802, 200 Constion 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) as indicated on the payroll, an amount not less than the sum of the applicable do hereby state: basic hourty wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (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 _
Al on or il e made other finely or aliety or or Behal or sa yages eamed, that no rebates have from the full
(Contractor or Subcontractor)
63 Stat. 108, 72 Stat, 967: 76 Stat. 357; 40 U.S.C. § 3145), and described beiow:
REMARKS:
comet and complay What the wage wade for laorers or mechanics contained therein are not less harthe applicable wage rates contained in any wage determination incorporated into the contract; that the cassifications set forth therein for each laborer or mechanic conform with the work he perfomed. progra registered arina set er appren inest agency ridgie yee Bureau of preten are sile wil the Bureau of Apprenticeship and Traintng, Writed Stales Department of Labor, in a State, are registered! (4) That NAME AND TITLE SIGNATURE
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS - in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe beneffts 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 TITLE 31 OF THE UNITED STATES CODE
excent as noted in section 4(c) below.
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
Blindness Support Services, InG.
The Blindness Support Services Roof Repair project
1. Pete Benavidez, President & CEO
2. Robin Unruh, Administrative Service Manager
3. Salvador Novella, Maintenance
4. Pamela Nelson, Certified Public Accountant
5. Martha Naranjo, Project Coordinator
EXHIBIT "E"
PROJECT TIMELINE
Blindness Support Services, Inc.
The Blindness Support Services Roof Repair project
ACTIVITY DUE DATE
Project Planning/Exhibits Submittal
Notice of Public Comment November 7 - December 10, 2024 City Council approval December 10, 2024
Executed Agreement December, 2024
NEPA Review Completed December, 2024
Construction Begins January 2025
Construction Completion February, 2025
Final Payment to Contractor February, 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 (i.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 FATA 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 $30,000:
• 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;
OR, the requirement will also apply if an 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), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
THE TRANSPARENCY ACT REQUIRES THAT ANY FEDERAL AWARD OR SUB- AWARD RECIPIENT, FOR AN AMOUNT GREATER THAN $30,000, IS REQUIRED TO PROVIDE THE INFORMATION SET FORTH IN THE (ABOVE) BULLET LIST.
ACCORDINGLY, PLEASE COMPLETE THE FOLLOWING:
hereby agree that:
I read and understand the information provided above.
I acknowledge and agree that:
(Please check one of the following)
shold requiring names and total compensation of the fig ency hahly doc ensed thie abs of the entity if the entity.
(agency name) does meet the above
hreshold* 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. Signature of President/Executive Director/Board Chair Date Printed Name of of President/Executive Director/Board Chair Rev: 01/26/18
EXHIBIT "G"
CERTIFICATION REGARDING AUTOMOBILE USAGE (IF APPLICABLE) Rev: 01/26/18
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