1 COMMUNITY DEVELOPMENT BLOCK GRANT INTERDEPARTMENT MEMORANDUM OF UNDERSTANDING PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF CITY OF RIVERSIDE (Sippy Woodhead Pool Pump Room Rehabilitation) _____day of _______________, ______, by and between the CITY OF RIVERSIDE, a California PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT OF CITY OF RIVERSIDE ( RECITALS WHEREAS, the City has applied and been awarded grant funds from the United States 5-2026 departments, and WHEREAS, the Subrecipient has submitted its proposal to the City to receive funding from 5-2026 pursuant to the Housing and Community Development Act of 1974, as amended; and 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 WHEREAS, following a public hearing, the City Council of the City has approved the allocation of Five Hundred Thousand Dollars ($500,000.00) from its 2025-2026 Community Development Block Grant to fund the proposal for the rehabilitation of the pools pump room through structure repairs, and replacement of the pool heaters, circulation, sanitation and electrical system 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 Sippy Woodhead Pool Pump Rehabilitation 2 incorporated herein by reference, in accordance with this MOU. 2. TERM. The term of this MOU shall be from July 1, 2025, to June 30, 2027. 3. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this MOU for a total sum not to exceed Five Hundred Thousand Dollars ($500,000.00). Payment shall be made pursuant to the Budget and Section 9.6 of this MOU. Invoices submitted by Subrecipient shall be delivered to the City in accordance with Section 4. 4. NOTICES. Any notices, invoices or payments provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by interoffice mail. Any notice given by mail shall be addressed to the party to be served as follows: Housing and Human Services Department Attn: Project Coordinator/Grand Div. 3900 Main Street, 5th Floor Riverside, CA 92522 Parks, Recreation and Community Services Department Attn: Pamela Galera, Director 6927 Magnolia Avenue, 2nd Floor Riverside, CA 92506 5. AVAILABILITY OF FUNDS/AUTHORIZATIONfunding to Subrecipient pursuant to this MOU is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by the United States Department lack of funds or authorization in accordance with Section 9.15. This MOU is subject to written modification or termination as necessary by the City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 8.1 and 8.2 of this Agreement. 6. EFFECTIVE DATE. This MOU, following its execution by the City and Subrecipient, shall not become effective until such time as the City Manager or his/her designee submits to Subrecipient written notice that the City Manager has determined and verified to his/her reasonable satisfaction, in his/her sole discretion, that Subrecipient is an eligible Subrecipient 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 the City in writing of such lapse of qualification. A project timeline is attached hereto and incorporated 7. COMPLIANCE. By executing this MOU, the Subrecipient hereby certifies that it will adhere to and comply with the obligations that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds including, but not limited to, the following as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:
3 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. B. Regulations of the Department of Housing and Urban Development relating to CDBG (24 CFR 570, et seq.). C. Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the CDBG program. An Environmental Assessment applicable. D. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing regulations issued at 24 CFR Part l; 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. F. 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. I. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution. J. 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 -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. 4 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 8. GENERAL CONDITIONS. 8.1. Modification. This Agreement may only be modified by written agreement between the City and Subrecipient. 8.2. Terminationthis Agreement, this Agreement may be terminated at any time by either party upon giving thirty r his/her designee is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this MOU upon the termination, suspension, discontinuation or substantial reduction in Grant funding for the MOU activity. Further, and not withstanding any other provision of this MOU, if Subrecipient materially fails to comply with any term of this MOU, or the award that is subject of this MOU, whether stated in a Federal statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or the 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. D. Withhold further awards for the program. E. Take other remedies that may be legally available. Further, and notwithstanding any other provision of this MOU, the award may be terminated for convenience in accordance with 24 CFR Part 85.44. 8.3. Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this MOU are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (a) the costs resulted from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (b) the costs 5 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. 8.4. Extensions. In the event the Grant funds are not fully expended on the termination date, this MOU, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this MOU. This MOU may be extended for one fiscal year, at which time this MOU shall automatically terminate unless an additional extension is granted by the City. Extensions shall be requested in writing from the City Manager prior to the termination of the MOU, unless the City Manager, in his/her sole discretion agrees in writing to shorten the time in which an extension may be requested. 9. ADMINISTRATIVE REQUIREMENTS. 9.1. 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 or business activities, including, but not limited to the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project or business activity, and the full name and address of such governmental agency. For those programs in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total Program regardless of funding sources. 9.2. Use of Grant Funds. Except as otherwise limited by this MOU, Grant funds shall be used exclusively to implement the Program and carry-out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agrees that it shall not use Grant funds to pay for entertainment, meals, or gifts. 9.3. Unused Grant Funds. Subrecipient acknowledges that unused grant funds, or portions thereof, are subject to a requirement that said funds must be refunded to HUD. 9.4. Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Annual Program Budget, attached hereto as s that deviate from the Budget without prior written approval of the City Manager or his/her Designee. The 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 6 category; (ii) are specifically requested by the City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and vi) are related to salaries, are in accordance with applicable salary ordinances or law. 9.5. Property and Equipment. A. Non-Expendable Property or Equipment. Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this Program with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non-expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit. B. Approval. Subrecipient shall not purchase or agree to purchase non-expendable property and/or equipment without the prior written approval from the City Manager or his/her Designee. Upon completion or early termination of this Agreement, the City reserves the right to determine the final disposition of said non-expendable property acquired for this program and Grant funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, the 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 Manager or his/her designee. D. Purchase or Lease of Non-Expendable Property or Equipment. Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to the City and be available for inspection and audit upon reasonable notice by the City. E. Acquisition of Supplies and Equipment. Following approval by the 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 the City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as required and described in writing by City; (iii) a community related benefit is derived 7 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 MOU 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 MOU. Subrecipient shall complete all purchases of supplies before the last two (2) months of the MOU and shall pay all supply bills before the final month of the MOU. Invoices, which have not been received by the City within thirty (30) days after the MOU termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City. 9.6. Changes in Grant Allocation. The City reserves the right to reduce the grant 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 MOU by written amendments. 9.7. Costs and Method of Payment. A. Invoicing. The City shall pay to the Subrecipient, via an interfund payment, the Grant amount specified in Section 3 of this Agreement above on a reimbursable basis for all approved costs. The Subrecipient shall submit not more often than monthly to the authorized representatives for 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 cordance 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. 9.8. Program Incomeby 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. 8 As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by the 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. 9.9. 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. 9.10. Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Program Services. Furthermore, all other provisions of this MOU shall apply to any services provided with program income. Program income must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity. 9.11. Reversion of Assets. Subrecipient hereby agrees to return all program income, as defined by 24 CFR § 570.500, which is on hand upon expiration of this MOU, or which is received after the MOU's expiration, to the City as required by § 570.503(b)(8) of said Title. Upon expiror in part with Grant funds (including Grant funds provided to the Subrecipient in the form of a loan) in excess of Twenty-five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the MOU, or for such longer period of time as determined to be appropriate by 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. 9.12. Use of Real Property. Subrecipient hereby agrees to comply with 24 CFR § means land, including land improvements, structures and appurtenances thereto, but excludes movable machincontrol which was acquired or improved in whole or in part using Grant funds in excess of Twenty-five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the MOU under which the CDBG assistance was last provided to the Subrecipient for the property. 9 9.13. NEPA Compliance. Subrecipient agrees that when Grant funds in excess of Twenty-five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; California Government Code § 7260, et seq. 9.14. Change in Use. Subrecipient may not change the use or planned use of the property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. After the public comment period has taken place, the change of use must be approved in writing by the City. The new use of the property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use. 9.15. Disposition of Real Property. Real property may be disposed of in the following manner, only after the City has provided affected citizens with reasonable notice, and after receiving prior written approval from the City that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program: A. Title to the real property shall be managed by Subrecipient subject to the condition that the Subrecipient shall use the real property for the authorized purpose of the project as long as it its needed and shall not encumber the property without approval of the City. B. While managed by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved. C. Written approval from the City must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds. E. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed. F. Following the reimbursement the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements. 9.16. Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, the City reserves the right to revise this MOU in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the budget of this MOU 10 unspent funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the Community Development Director or his/her designee may act for City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The City Manager or his/her designee may act for The City in suspending the operation of this Agreement for up notice to Subrecipient of his/her intention to so act. In no event, however, shall any revision made by Development 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. 9.17. Program Records. The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations and specifically shall prepare and maintain the following records and reports to assist 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 (2) Documentation of the number of persons and/or families (3) Documentation of all Grant funds received from the City or other funds to operate the program herein by Subrecipient. (4) Annual Program Budget. (5) Any other related records as City shall require from time to time. B. Reports: (1) Payment Request form. (2) Quarterly reports to the City of Riverside as shown on the attached Quarterly Compliance Report commencing July 1, of the Program Year and ending June 30, of the Program Year (a copy of the report form and schedule of deadlines are attached hereto as Exhib 11 (3) Any such other reports, as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein. 9.18. Performance Monitoring. 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. 9.19. Accounting Standards. The Subrecipient shall administer its program in conformance with OMB Circular 1-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred. 9.20. Cost Principles. The Subrecipient shall administer its program in conformance with OMB Circulars A--- 9.21. Audits. A. Records. The Subrecipient's records shall be open to inspection and audit by the authorized representatives of the City, the Department of U.S. Housing and Urban Development and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims or exceptions. B. External Audits. If required by the U.S. Department of Housing and Urban Development, Subrecipient shall obtain an external audit in accordance with the single audit regulations (24 CFR Part 44.6). The audit report shall be submitted to the City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U.S.C. 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with OMB Circular A-133 Compliance Supplement (for governmental entities and non-profit subrecipients) and 31 U.S.C. 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with OMB Circular A-133 Compliance Supplement (for governmental entities and non-profit subrecipients) and 31 U.S.C. 7502(a)(1)(A). 9.22. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the 12 qualifications and experience of the personnel to be used are vital to professional and timely incorporated herein by this reference, assigned to perform portions of the Services shall remain assigned through completion of the Services unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation, in which case substitutes shall be subject to City approval. 10. MISCELLANEOUS PROVISIONS. 10.1. Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and Program participants in a manner, which is non-discriminatory. 10.2. National Origin and Race. Subrecipient shall abide by § 570.601 and § 570.912 of the Code of Federal Regulations at Title 24 which requires that no person in the United States shall on the ground of religion, race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Block Grant Development funds. 10.3. Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto. 10.4. Disabilities. Pursuant to the Americans with Disabilities Act and specifically, 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the City or Subrecipient or be subjected to discrimination by the City or Subrecipient. 10.5. Conflict of Interest. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e). Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers, and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. Any violation of this section shall be deemed a material breach of this Agreement, and the City shall immediately terminate the Agreement. 13 10.6. Religious Proselytizing or Political Activities. Subrecipient agrees that it will abide by the requirements set forth in 24 CFR 570.200 subsection (j); 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. B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDGB funds. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition. 10.7. Lobbying. The Subrecipient certifies to the best of its knowledge and belief, that: 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 14 certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 10.8. Reporting Executive Compensation and First-Tier Subcontract Awards. A. Definitions. As used in this clause: Executivepositions. First-tier subcontractsupplies 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 compensationduring the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. 15 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 (UEI) 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. (j) Awarding agency name and code. (k) Funding agency name and code. (l) Government contracting office code. (m) Treasury account symbol (TAS) as reported in FPDS. (n) The applicable North American Industry Classification System code (NAICS). 16 (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), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if: (a) In the subcontractor's preceding fiscal year, the subcontractor received: (i) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements. (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 17 Act of 1934 (15 U.S.C. 78m(a), 78o(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.) (D) (1) 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. (E) 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. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more. 10.9 Registration. Subrecipient agrees to maintain a current registration in the federal 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 Federal Funding Accountability and Transparency Act form, attached hereto as Exhibiprovide 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 project. Pursuant to and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal ed by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 18 12. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Scope of Services Budget Polices and Regulations Key Personnel Project Timeline Federal Funding Accountability and Transparency Act (FFATA) Environmental Assessment Project Data Form Addendum [signatures on the following page] 19 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 CaliforniaCharter city and municipal corporationBy: ______________________________ City ManagerDated: _______________PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT OF CITY OF RIVERSIDEBy: ______________________________ Pamela Galera, DirectorDate: _______________Attest: ______________________City ClerkDated: Certified as to Availability of FundsBy:__________________________Chief Financial Officer APPROVED AS TO FORM:By: _________________________ Sean B. Murphy Deputy City Attorney314242 SBM 05/20/26
SCOPE OF SERVICES
EXHIBIT “A” SCOPE OF SERVICES “ ” Funding awarded in the amount of $________ will be utilized for planning, construction, inspection, contract administration, and other related costs, as described in the Scope of Work below. SCOPE OF WORK a) Project Descriptionb) Census Tract and Block Group:Census Tract #Block Group #LMI Population* Total Population* % LMI** Per HUD 2022 LMISD Low Moderate-Income Data based on 2006-2010 American Community Survey information.Units of Service:This project meets a CDBG National Objective as an Activity Benefiting low- and moderate-income: Area Benefit Activity (LMA) where at least 51% of the persons residing in theservice area are low and moderate-income.An estimated _______ low-moderate-income (LMI) persons residing within the service area will benefit from the project.List of Specific Activities to be completed:
BUDGET
EXHIBIT “B” BUDGET “ ” BUDGET: Construction Cost: $Design, Administration, & Inspection:$Total Project Cost:$EXPECTED FUNDING SOURCES: CDBG Funds: $Local Funds: $Total Project Cost: $
POLICIES AND REGULATIONS
EXHIBIT CCDBG ATTACHMENTSC-1: SPECIAL EQUAL OPPORTUNITY PROVISIONSC-2: FEDERAL LABOR STANDARDS PROVISIONSC-3: SPECIAL CONDITIONS PERTAINING TO HAZARDSSAFETY STANDARDS AND ACCIDENT PREVENTIONC-4: SAMPLE- SITE SIGN FOR HUD CDBG FUNDED PROJECTSC-5: PROJECT AREA TRAINEES, EMPLOYEES AND BUSINESSESC-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
1. SPECIAL EQUAL OPPORTUNITY PROVISIONSA.Activities and Contracts Not Subject to Executive Order 11246, as Amended(Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under)During the performance of this contract, the Contractor agrees as follows:1.The Contractor shall not discriminate against any employee or applicant for employmentbecause of race, color, religion, sex, or national origin. The Contractor shall take affirmativeaction to ensure that applicants for employment are employed, and that employees aretreated during employment, without regard to their race, color, religion, sex, or nationalorigin. Such action shall include, but not be limited to, the following: employment,upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation; and selection for training,including apprenticeship.2.The Contractor shall post in conspicuous places, available to employees and applicantsfor Employment, notices to be provided by Contracting Officer setting forth the provisionsof this nondiscrimination clause. The Contractor shall state that all qualified applicantswill receive consideration for employment without regard to race, color, religion, sex, ornational origin.3.Contractors shall incorporate foregoing requirements in allsubcontracts.B.Executive Order 11246 {contracts/subcontracts above $10,000)1.Section 202 Equal Opportunity ClauseDuring the performance of this contra t, the Contractor agrees as follows:a.The Contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin. TheContractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to theirrace, color, religion, sex, or national origin. Such action shall include, but notbe limited to, the following: employment, upgrading, demotion, or transfer;recruitment, or recruitment advertising; layoff or termination, rates of pay orother forms of compensation; and selection for training, includingapprenticeship. The Contractor agrees to post in conspicuous place, availableto employees and applicants for employment, notices to be provided settingforth the provisions of this nondiscrimination clause.
2. b.The contractor will, in all solicitations or advertisements for employees placedby or on behalf of the Contractor, state that all qualified applicants will receiveconsideration without regard to race, color, religion, sex, or national origin.c.The Contractor will send to each labor union or representative of workers withwhich he has a collective bargaining agreement or other contract orunderstanding a notice to be provided to the Contract Compliance Officeradvising the said labor union or workers' representatives of the Contractor'scommitment under this section, and shall post copies of the notice inconspicuous places available to employees and applicants for employment.d.The Contractor will comply with all provisions of Executive Order 11246of September 24, 1965, and of the rules, regulations, and relevant ordersof the Secretary of Labor.e.The Contractor will furnish all information and reports required by ExecutiveOrder 11246 of September 24, 1965, and by rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to hisbooks, records, and accounts by the Department and the Secretary of Laborfor purposes of investigation to ascertain compliance with such rules,regulations, and others.f.In the event of the Contractor's noncompliance with the nondiscriminationclauses of this contract or with any of the said rules, regulations or orders, thiscontract may be cancelled, terminated, or suspended in whole or in part andthe Contractor may be declared ineligible for further Government contracts inaccordance with procedures authorized in Executive Order 11246 ofSeptember 24, 1965, or by rule, regulation or order of the Secretary of Labor, oras otherwise provided by law.g.The Contractor will include the provisions of the sentence immediatelypreceding paragraph (1) and the provision of paragraphs (1) through (7) inevery subcontract or purchase order unless excepted by rules, regulations, ororders of the Secretary of labor issued pursuant to Section 204 of ExecutiveOrder 11246 of September 24, 1965, so that such provisions will be bindingupon each subcontractor or vendor. The Contractor will take such action withrespect to any subcontract or purchase order as the Department may direct asa means of enforcing such provisions, including sanctions for noncompliance.Provided, however, that in the event a contractor becomes involved in, or isthreatened with, litigation with a subcontractor or vendor as a result of suchdirection by the Department, the Contractor may request the United States toenter into such litigation to protect the interest of the United States.
3. 2.Notice or Requirement for Affirmative Action to Ensure Equal EmploymentOpportunity (Executive Order 11246). (Applicable to contracts, subcontractsexceeding $10,000)a.The Offertory's or Bidder's attention is called to the "Equal OpportunityClause" and the "Standard Federal Equal Employment OpportunityConstruction Contract Specifications" set forth herein.b.The goals and timetable for minority and female participation, expressedin percentage terms for the Contractor's aggregate workforce in eachtrade 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 transfer 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 will be measured against the total work hours performed.
4. c.The Contractor shall provide written notification to the Director of the Office ofFederal Contract Compliance Programs within 10 working days of award ofany construction subcontract in excess of $10,000 at any tier for constructionwork under the contract resulting from this solicitation. The notification shalllist the name, address, and telephone number of the subcontractor; employeridentification number; estimated dollar amount of the subcontract; estimatedstarting and completion dates of the subcontract; and the geographical area inwhich 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 thecontract is to be performed, giving the State, County, and City, if any).3.Standard Federal Equal Employment Opportunity Construction ContractSpecifications (Executive Order 11246)a.As used in these specifications:(1)"Covered area" means the geographical area describedin the solicitation from which this contract resulted;"Director" means Director, Office of Federal Contract CompliancePrograms, United States Department of Labor, or any person towhom the Director delegates authority;(2)"Employer identification number' means the Federal SocialSecurity number used on the Employer's Quarterly Federal TaxReturn, U.S. Treasury Department Form 941.(3)"Minority" includes:(4)(i) Black (all persons having origins in any of theBlack African racial groups not ofHispanicorigin);(ii) Hispanic (all persons of Mexican, Puerto Rican,Cuban, Central or South American or other SpanishCulture or Origin, regardless of race);(iii) Asian and pacific islander (all persons having originsin Any of the original peoples of the Far East,Southeast Asia, the Indian Subcontinent, or the PacificIslands); and
5. (iv) American Indian or Alaskan native (all personshaving Origins in any of the original peoples of NorthAmerica and maintaining identifiable tribal affiliations through membership and participation or community identifications).b.Whenever the Contractor, or any Subcontractor at any tier, subcontracts aportion of the work involving any construction trade, it shall physicallyinclude in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals forminority and female participation and which is set forth in the solicitationsfrom which this contract resulted.4.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Planapproved by the U.S. Department of Labor in the covered area either individually orthrough 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 demonstratetheir participation in and compliance with the provisions of any such Hometown Plan.Each Contractor or Subcontractor participating in an approved plan is individuallyrequired to comply with its obligations.under the EEO clause, and to make a good faitheffort to achieve each goal under the Plan in each trade in which it has employees, Theoverall good faith performance by other Contractors or Subcontractors toward a goal inan approved Plan does not excuse any covered Contractor's or Subcontractor's failureto·take good faith efforts to achieve the Plan goals and timetables.5.The Contractor shall implement the specific affirmative action standards provided inparagraphs 7a through p of these specifications.The goals set forth in the solicitationfrom which this contract resulted are expressed as percentages of the total hours ofemployment and training of minority and female utilization the Contractor shouldreasonably be able to achieve in each construction trade in which it has employees inthe covered area. Covered construction contractors performing contracts ingeographical areas where they do not have a Federal or Federally assisted constructioncontract shall apply the minority and female goals established for the geographic areawhere the contract is being performed. Goals are published periodically in the FederalRegister in notice form and such notices may be obtained from any Office of FederalContract Compliance Programs office or from Federal procurement contracting officers.The Contractor is expected to make substantially uniform progress in meeting its goalsin each craft during the period specified.6.Neither the provisions of any collective bargaining agreement, nor the failure by a unionwith whom the Contractor has a collective bargaining agreement, to refer eitherminorities or women shall excuse the Contractor's obligations under thesespecifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. 7.In order for the nonworking training hours of apprentices and trainees to be counted inmeeting the goals, such apprentices and trainees must be employed by the Contractorduring the training period, and the Contractor must have made a commitment toemploy the apprentices and trainees at the completion of their training, subject to theavailability of employment opportunities. Trainees must be trained pursuant to trainingprograms approved by the U.S. Department ofLabor.8.The Contractor shall take specific affirmative actions to ensure equal employmentopportunity. The evaluation of the Contractor's compliance with these specificationsshall be based upon its effort to achieve maximum results from its actions. TheContractor shall document these efforts fully, and shall implement affirmative actionsteps at least as extensive as the following:a.Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the Contractor'semployees are assigned to work. The Contractor, where possible, will assigntwo or more women to each construction project. The Contractor shallspecifically ensure that all foremen, superintendents, and other on-sitesupervisory personnel are aware of and carry out the Contractor's obligation tomaintain such a working environment, with specific attention to minority orfemale individuals working at such sites or in such facilities.·b. Establish and maintain a current iist of minority and female recruitmentsources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of theorganizations' responses.c.Maintain a current file of the names, addresses, and telephone numbers ofeach minority and female off-the-street applicant and minority or femalereferral from a union, a recruitment source, or community organization and ofwhat action was taken with respect to each such individual. If such individualwas sent to the union hiring hall for referral and was not referred back to theContractor by the union or, if referred, not employed by the Contractor, thisshall be documented in the file with the reason therefore, along with whateveradditional actions the Contractor may have taken.·d.Provide immediate written notification to the Director when the union or unionswith which the Contractor has a collective bargaining agreement has notreferred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral processhas impeded the Contractor's efforts to meet its obligations.
7. e.Develop on-the-job training opportunities and/or participate in trainingprograms for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programrelevant to the Contractor's employment needs, especially those programsfunded or approved by the Department of Labor. The Contractor shallprovide notice of these programs to the sources compiled under 7b above.f.Disseminate the Contractor's EEO policy by providing notice of the policyto unions and training programs and requesting their cooperation inassisting the Contractor in meeting its EEO obligations; by including it in anypolicy manual and collective bargaining agreement; by publicizing it in thecompany newspaper, annualreport, etc.;byspecificreviewof thepolicywithallmanagement personnel and with all minority and female employees at leastonce a year; and by posting the company EEO policy on bulletin boardsaccessible to all employees at each location where construction work isperformed.g.Review, at least annually, the company's EEO policy and affirmative actionobligations under these specifications with all employees having anyresponsibility for hiring, assignment, layoff, termination, or other employmentdecisions including specific review of these items with onsite supervisorypersonnel such as Superintendents, General Foremen, etc., prior to theinitiation of construction work at any job site. A written record shall be madeand maintained identifying the time and place of these meeting, personsattending, subject matter discussed, and disposition of the subject matter.h.Disseminate the Contractor's EEO policy externally by including it in anyadvertising in the news media, specifically including minority and female newsmedia, and providing written notification to and discussing the Contractor'sEEO policy with other Contractors and Subcontractors with whom theContractor does or anticipates doing business.i. Direct its recruitment efforts, both oral and written, to minority, female andcommunity organizations, to school with minority and female students and tominority and female recruitment and training organizations serving theContractor's recruitment area and employment needs. Not later than onemonth prior to the date for the acceptance of applications for apprenticeship orother training by any recruitment source, the Contractor shall send writtennotification to organizations such as the above, describing the openings,screening procedures, and tests to be used in the selection process.
8. j. Encourage present minority and female employees to recruit other minoritypersons and women and, where reasonable, provide after school, summer,and vacation employment to minority and female youth both on the site and inother areas of a Contractor's work force.k.Validate all tests and other selection requirements where there is an obligationto do so under 41 CFR Part 60-3.l.Conduct, at least annually, an inventory and evaluation at least of all minority andfemale personnel for promotional opportunities and encourage these employees to seekor to prepare for, through appropriate training, etc., such opportunities.m.Ensure that seniority practices, job classifications, work assignment andother personnel practices, do not have a discriminatory effect by continuallymonitoring all personnel and employment related activities to ensure that theEEO policy and the Contractor's obligations under these specifications arebeing carriedout.n.Ensure that all facilities and company activities are nonsegrated except thatseparate or single-user toilet and necessary changing facilities shall beprovided to assure privacy between the sexes.o.Document and maintain a record of all solicitations of offers for subcontractsfrom minority and female construction contractors and supplier, includingcirculation of solicitations to minority and female contractor associations andother business associations.p.Conduct a review, at least annually, of all supervisors' adherence toand performance under the Contractor's EEO policies and affirmativeaction obligations.9.Contractors are encouraged to participate in voluntary associations which assist infulfilling one or more of their affirmative action obligations (7a through p). The efforts ofa contractor association, joint contractor-union, contractor-community, or other similargroup of which the Contractor is a member and participant, may be asserted as fulfillingany one or more of its obligations under 7a through p of these Specifications providedthat the Contractor actively participates in the group, makes every effort to assure thatthe group has a positive impact on the employment of minorities and women in theindustry, ensures that the concrete benefits of the program are reflected in theContractor's minority and female workforce participation, makes a good faith effort tomeet its individual goals and timetables, and can provide access to documentationwhich demonstrates the effectiveness of actions taken on behalf of the Contractor. Theobligation shall not be a defense for the Contractor's noncompliance.
9. 10.A single goal for minorities and a separate single goal for women have beenestablished. The Contractor, however, is required to provide equal employmentopportunity and to take affirmative action for all minority groups, both male and female,and all women, both minority and non-minority. Consequently, the Contractor may bein violation of the Executive Order if a particular group is employed in a substantiallydisparate manner (for example, even though the Contractor may be in violation of theExecutive Order if a specific minority group of women is underutilized).11.The Contractor shall not use the goals and timetables or affirmative actionsstandards to discriminate against any person because of race, color, religion, sex,or national origin.12.The Contractor shall not enter into any subcontract with any person or firm debarredfrom Government contracts pursuant to Executive Order11246.13.The Contractor shall carry out such sanctions and penalties for violation of thesespecifications and of the Equal Opportunity Clause, including suspension, terminationand cancellation of existing subcontracts as may be imposed or ordered pursuant toExecutive Order 11246, as amended, and its implementing regulations, by the Officeof Federal Contract Compliance Programs. Any Contractor who fails to carry outsuch sanctions and penalties shall be in violation of these specifications andExecutive Order 11246, as amended.14.The Contractor, in· fulfilling its obligations under these specifications, shall implementSpecific affirmative action steps, at least as extensive as those standards prescribedin paragraph 7 of these specifications, so as to achieve maximum results from itsefforts to ensure equal employment opportunity. If the Contractor fails to comply withthe requirements of the Executive Order, the implementing regulations, or thesespecifications, the Director shall proceed in accordance with 41 CFR 60-4.8.15.The Contractor shall designate a responsible official to monitor all employment relatedactivity to ensure that the company EEO policy is being carried out, to submit reportsrelating to the provisions hereof as may be required by the Government and to keeprecords. Records shall at least include for each employee, the name, address,telephone numbers, construction trade, union affiliation if any, employee identificationnumber where assigned, social security number, race, sex, status (e.g. mechanic,apprentice trainee, helper, or laborer), dates of changes in status, hours worked perweek 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 erequired to maintain separate records.16.Nothing herein provided shall be construed as a limitation upon the application ofotherlaws which establish different standards of compliance or upon the application ofrequirements for the hiring of local or other area residents (e.g. those under the PublicWorks Employment Act of 1977 and the Community Development Block Grant Program).
10. C.Certification of Non-segregated Facilities (Over $10,000)By the submission of this bid, the bidder, Offertory, applicant or subcontractor certifies thathe/she does not maintain or provide for his/her establishments, and that he/she does notpermit employees to perform their services at any location, under his/her control, wheresegregated facilities are maintained. He/she certifies further that he/she will not maintain orprovide for employees any segregated facilities at any of his/her establishments, and he/shewill not permit employees to perform their services at any location under his/her control wheresegregated facilities are maintained. The bidder, Offertory, applicant or subcontractor agreesthat a breach of this certification is a violation of the Equal Opportunity Clause of this contract.As used in this certification, the term "segregated facilities' means any waiting rooms, workareas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, lockerrooms, and other storage or dressing areas, transportation and housing facilities provided foremployees which are segregated on the basis of race, color, religion, or are in fact segregatedon the basis of race, color, religion, or otherwise (parking lots, drinking fountains, recreation orentertainment areas). He/she further agrees that (except where he/she has obtained identicalcertifications from proposed subcontractors for specific time periods) he/she will obtain identicalcertification from proposed subcontractors prior to the award of subcontract exceeding $10,000which are not exempt from the provisions of the Equal Opportunity Clause; that he/she willretain such certifications in his/her files; and that he/she will forward the following notice to suchproposed subcontractors (except where proposed subcontractors have submitted identicalcertifications for specific time periods).D.Civil Rights Act of 1974Under Title VI of the Civil Rights Act of 1974, no person shall, on the grounds of race, color, ornational origin, e excluded from participation in, be denied the benefits of, or be subjected todiscrimination under any program or activity receiving Federal financial assistance.E.Section 109 of the Housing and Community Development Act of 1974No person in the United States shall on the grounds of race, color, national origin, or sex beexcluded from participation in, be denied the benefits of, or be subjected to discrimination underany program or activity funded in whole or in part with funds made available under this title.F."Section 3" Compliance in the Provision of Training, Employment and Business Opportunities1.The work to be performed under this contract is on a project assisted under the StateCDBG program which provides Federal financial assistance from the Department ofHousing and Urban Development and is subject to the requirements of Section 3 of theHousing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3requires that to the greatest extent feasible opportunities for training and employmentbe given lower income residents of the project area and contracts for work in connectionwith the project beawarded to business concerns which are located in, or owned insubstantial part by persons residing in the area of the project.
11. 2.The parties to this contract will comply with the provisions of said Section 3 and theregulations issued pursuant thereto by the Secretary of Housing and UrbanDevelopment set forth in 24 CFR 134, and all applicable rules and orders of theDepartment issued there under prior to the execution of this contract. The parties to thiscontract certify and agree that they are under no contractual or other disability whichwould prevent them from complying with these requirements.3.The contractor will send to each labor organization or representative or workers withwhich he has a collective bargaining agreement or other contract or understanding, ifany, a notice advising said labor organization or workers' representative of hiscommitments under this Section 3 clause and shall post copies of the notice inconspicuous places available to employees and applicants for employment or training.4.The contractor will include this Section 3 clause in every subcontract for work inconnection with the project and will, at the direction of the applicant for or recipient ofFederal financial assistance, take appropriate action pursuant to the subcontract upona finding that the subcontractor is in violation of regulations issued by the Secretary ofHousing and Urban Development, 24 CFR part 135. The contractor will not subcontractwith any subcontractor where it has notice or knowledge that the latter has been foundin violation of regulations under 24 CFR Part 135 and will not let any subcontractunless the subcontractor has first provided it with a preliminary statement of ability tocomply with the requirements of these regulations.5.Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part135, and all applicable rules and ordersof theDepartment issued hereunder prior to theexecution of the contract, shall be a condition of the Federal financial assistanceprovided to the project, binding upontheapplicant orrecipient forsuchassistance,itssuccessorsandassigns.Failure to fulfill these requirements shall subject the applicant or recipient, itscontractors or subcontractors, its successors and assigns to those sanctions specifiedby 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 1975No person in the United States shall, on the basis of age, be excluded from participation in, bedenied the benefits or, or be subjected to discrimination under, any program or activityreceiving Federal financial assistance.H.Section 504 Handicapped (if $2,500 or over) Affirmative Action for Handicapped Workers1.The contractor will not discriminate against any employee or applicant for employmentbecause of physical or mental handicap in regard to any position for which theemployee or applicant for employment is qualified. The contractor agrees to takeaffirmative action to employ, advance in employment and otherwise treat qualifiedhandicapped individuals
12. Without discrimination based upon their physical or mental handicap in allemployment 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 ordersof the Secretary of labor issued pursuant to the Act.3.In the event of the contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accordance with the rules, regulations,and relevant orders of the Secretary of labor issued pursuant to the Act.4.The contractor agrees to post in conspicuous places, available to employees andapplicants for employment, notices in a form to be prescribed by the Director, providedby or through the contracting officer. Such notices shall state the contractor'sobligation under the law to take affirmative action to employ and advance inemployment qualified handicapped employees and applicants for employment, andthe rights of applicants and employees.5.The contractor will notify each labor union or representative of workers with which ithas a collective bargaining agreement or other contract understanding, that thecontractor is bound by the terms of Section 503 of the Rehabilitation Ace of 1973, andis committed to take affirmative action to employ and advance in employmentphysically and mentally handicapped individuals.6.The contractor will include the provisions of this clause in every subcontract orpurchase order of $2,500 or more unless exempted by rules; regulations, or orders ofthe Secretary issued pursuant to Section 503 of the Act, so that such provisions will bebinding upon each subcontractor or vendor. The contractor will take such action withrespect to any subcontract or purchase order as the Director of the Office of FederalContract Compliance Programs may direct to enforce such provisions, including actionfor noncompliance.MS/0108r/c Rev. 11/1/05 Federal Labor Standards ProvisionsU.S. Department of Housingand Urban DevelopmentOffice of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD-4010(06/2009) ref. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.A. 1. (i) Minimum Wages. All laborers and mechanicsemployed or working upon the site of the work, will be paidunconditionally and not less often than once a week, andwithout subsequent deduction or rebate on any account(except such payroll deductions as are permitted byregulations issued by the Secretary of Labor under theCopeland Act (29 CFR Part 3), the full amount of wagesand bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less thanthose contained in the wage determination of theSecretary of Labor which is attached hereto and made apart hereof, regardless of any contractual relationshipwhich may be alleged to exist between the contractor andsuch laborers and mechanics. Contributions made orcosts reasonably anticipated for bona fide fringe benefitsunder Section l(b)(2) of the Davis-Bacon Act on behalf oflaborers or mechanics are considered wages paid to suchlaborers or mechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costsincurred for more than a weekly period (but not less oftenthan quarterly) under plans, funds, or programs, whichcover the particular weekly period, are deemed to beconstructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is notlisted in the wage determination and which is to beemployed under the contract shall be classified inconformance with the wage determination. HUD shallapprove an additional classification and wage rate andfringe benefits therefor only when the following criteriahave been met:
(1)The work to be performed by the classificationrequested is not performed by a classification in the wagedetermination; and(2)The classification is utilized in the area by theconstruction industry; and(3)The proposed wage rate, including any bona fidefringe benefits, bears a reasonable relationship to thewage rates contained in the wage determination.(b)If the contractor and the laborers and mechanics to beemployed in the classification (if known), or theirrepresentatives, and HUD or its designee agree on theclassification and wage rate (including the amountdesignated for fringe benefits where appropriate), a reportof the action taken shall be sent by HUD or its designee tothe Administrator of the Wage and Hour Division,Employment Standards Administration, U.S. Department ofLabor, Washington, D.C. 20210. The Administrator, or anauthorized representative, will approve, modify, ordisapprove every additional classification action within 30days of receipt and so advise HUD or its designee or willnotify HUD or its designee within the 30-day period thatadditional time is necessary. (Approved by the Office ofManagement and Budget under OMB control number 1215-0140.)(c)In the event the contractor, the laborers or mechanicsto be employed in the classification or theirrepresentatives, and HUD or its designee do not agree onthe proposed classification and wage rate (including theamount designated for fringe benefits, where appropriate),HUD or its designee shall refer the questions, includingthe views of all interested parties and the recommendationof HUD or its designee, to the Administrator fordetermination. The Administrator, or an authorizedrepresentative, will issue a determination within 30 days ofreceipt and so advise HUD or its designee or will notifyHUD or its designee within the 30-day period thatadditional time is necessary. (Approved by the Office ofManagement and Budget under OMB Control Number1215-0140.)(d)The wage rate (including fringe benefits whereappropriate) determined pursuant to subparagraphs(1)(ii)(b) or (c) of this paragraph, shall be paid to allworkers performing work in the classification under thiscontract from the first day on which work is performed inthe classification.(iii)Whenever the minimum wage rate prescribed in thecontract for a class of laborers or mechanics includes afringe benefit which is not expressed as an hourly rate, thecontractor shall either pay the benefit as stated in thewage determination or shall pay another bona fide fringebenefit or an hourly cash equivalent thereof.(iv)If the contractor does not make payments to a trusteeor other third person, the contractor may consider as part Previous editions are obsoletePage 2 of 5 form HUD-4010(06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its ownaction or upon written request of an authorizedrepresentative of the Department of Labor withhold orcause to be withheld from the contractor under thiscontract or any other Federal contract with the same primecontractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of theaccrued payments or advances as may be considerednecessary to pay laborers and mechanics, includingapprentices, trainees and helpers, employed by thecontractor or any subcontractor the full amount of wagesrequired by the contract In the event of failure to pay anylaborer or mechanic, including any apprentice, trainee orhelper, employed or working on the site of the work, all orpart of the wages required by the contract, HUD or itsdesignee may, after written notice to the contractor,sponsor, applicant, or owner, take such action as may benecessary to cause the suspension of any furtherpayment, advance, or guarantee of funds until suchviolations have ceased. HUD or its designee may, afterwritten notice to the contractor, disburse such amountswithheld for and on account of the contractor orsubcontractor to the respective employees to whom theyare due. The Comptroller General shall make suchdisbursements in the case of direct Davis-Bacon Actcontracts.3. (i) Payrolls and basic records. Payrolls and basicrecords relating thereto shall be maintained by thecontractor during the course of the work preserved for aperiod of three years thereafter for all laborers andmechanics working at the site of the work. Such recordsshall contain the name, address, and social securitynumber of each such worker, his or her correctclassification, hourly rates of wages paid (including ratesof contributions or costs anticipated for bona fide fringebenefits or cash equivalents thereof of the types describedin Section l(b)(2)(B) of the Davis-bacon Act), daily andweekly number of hours worked, deductions made andactual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5 (a)(1)(iv) that the wages of anylaborer or mechanic include the amount of any costsreasonably anticipated in providing benefits under a planor program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records whichshow that the commitment to provide such benefits isenforceable, that the plan or program is financiallyresponsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each weekin which any contract work is performed a copy of allpayrolls to HUD or its designee if the agency is a party tothe contract, but if the agency is not such a party, thecontractor will submit the payrolls to the applicantsponsor, or owner, as the case may be, for transmission toHUD or its designee. The payrolls submitted shall set outaccurately and completely all of the information requiredto be maintained under 29 CFR 5.5(a)(3)(i) except that fullsocial security numbers and home addresses shall not beincluded on weekly transmittals. Instead the payrolls shallonly need to include an individually identifying number foreach employee (e.g., the last four digits of the employee’ssocial security number). The required weekly payrollinformation may be submitted in any form desired.Optional Form WH-347 is available for this purpose fromthe W age and Hour Division Web site athttp://www.dol.gov/esa/whd/forms/wh347instr.htmor itssuccessor site. The prime contractor is responsible forthe submission of copies of payrolls by all subcontractors.Contractors and subcontractors shall maintain the fullsocial security number and current address of eachcovered worker, and shall provide them upon request toHUD or its designee if the agency is a party to thecontract, but if the agency is not such a party, thecontractor will submit the payrolls to the applicantsponsor, or owner, as the case may be, for transmission toHUD or its designee, the contractor, or the W age and HourDivision of the Department of Labor for purposes of aninvestigation or audit of compliance with prevailing wagerequirements. It is not a violation of this subparagraph fora prime contractor to require a subcontractor to provideaddresses and social security numbers to the primecontractor for its own records, without weekly submissionto HUD or its designee. (Approved by the Office ofManagement and Budget under OMB Control Number1215-0149.)(b)Each payroll submitted shall be accompanied by a“Statement of Compliance,” signed by the contractor orsubcontractor or his or her agent who pays or supervisesthe payment of the persons employed under the contractand shall certify the following:(1)That the payroll for the payroll period contains theinformation required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintainedunder 29 CFR 5.5(a)(3)(i), and that such information iscorrect and complete; Previous editions are obsoletePage 3 of 5 form HUD-4010(06/2009) ref. Handbook 1344.1 (2)That each laborer or mechanic (including each helper,apprentice, and trainee) employed on the contract duringthe payroll period has been paid the full weekly wagesearned, without rebate, either directly or indirectly, andthat no deductions have been made either directly orindirectly from the full wages earned, other thanpermissible deductions as set forth in 29 CFR Part 3;(3)That each laborer or mechanic has been paid not lessthan the applicable wage rates and fringe benefits or cashequivalents for the classification of work performed, asspecified in the applicable wage determinationincorporated into the contract.(c)The weekly submission of a properly executedcertification set forth on the reverse side of Optional FormWH-347 shall satisfy the requirement for submission of the“Statement of Compliance” required by subparagraphA.3.(ii)(b).(d)The falsification of any of the above certifications maysubject the contractor or subcontractor to civil or criminalprosecution under Section 1001 of Title 18 and Section231 of Title 31 of the United States Code.(iii)The contractor or subcontractor shall make therecords required under subparagraph A.3.(i) available forinspection, copying, or transcription by authorizedrepresentatives of HUD or its designee or the Departmentof Labor, and shall permit such representatives tointerview employees during working hours on the job. Ifthe contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designeemay, after written notice to the contractor, sponsor,applicant or owner, take such action as may be necessaryto cause the suspension of any further payment, advance,or guarantee of funds. Furthermore, failure to submit therequired records upon request or to make such recordsavailable may be grounds for debarment action pursuant to29 CFR 5.12.4. Apprentices and Trainees.(i) Apprentices. Apprentices will be permitted to work atless than the predetermined rate for the work theyperformed when they are employed pursuant to andindividually registered in a bona fide apprenticeshipprogram registered with the U.S. Department of Labor,Employment and Training Administration, Office ofApprenticeship Training, Employer and Labor Services, orwith a State Apprenticeship Agency recognized by theOffice, or if a person is employed in his or her first 90days of probationary employment as an apprentice in suchan apprenticeship program, who is not individuallyregistered in the program, but who has been certified bythe Office of Apprenticeship Training, Employer and LaborServices or a State Apprenticeship Agency (whereappropriate) to be eligible for probationary employment asan apprentice. The allowable ratio of apprentices tojourneymen on the job site in any craft classification shallnot be greater than the ratio permitted to the contractor asto the entire work force under the registered program. Anyworker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than thepredetermined rate for the work performed unless they areemployed pursuant ‘,to and individually registered in aprogram which has received prior approval, evidenced byformal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio oftrainees to journeymen on the job site shall not be greaterthan permitted under the plan approved by theEmployment and Training Administration. Every traineemust be paid at not less than the rate specified in theapproved program for the trainee’s level of progress,expressed as a percentage of the journeyman hourly ratespecified in the applicable wage determination. Traineesshall be paid fringe benefits in accordance with theprovisions of the trainee program. If the trainee programdoes not mention fringe benefits, trainees shall be paidthe full amount of fringe benefits listed on the wagedetermination unless the Administrator of the Wage andHour Division determines that there is an apprenticeshipprogram associated with the corresponding journeymanwage rate on the wage determination which provides forless than full fringe benefits for apprentices. Anyemployee listed on the payroll at a trainee rate who is notregistered and participating in a training plan approved by Previous editions are obsoletePage 4 of 5 form HUD-4010(06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization ofapprentices, trainees and journeymen under 29 CFR Part 5shall be in conformity with the equal employmentopportunity requirements of Executive Order 11246, asamended, and 29 CFR Part 30.5. Compliance with Copeland Act requirements. Thecontractor shall comply with the requirements of 29 CFRPart 3 which are incorporated by reference in this contract6. Subcontracts. The contractor or subcontractor willinsert in any subcontracts the clauses contained insubparagraphs 1 through 11 in this paragraph A and suchother clauses as HUD or its designee may by appropriateinstructions require, and a copy of the applicableprevailing wage decision, and also a clause requiring thesubcontractors to include these clauses in any lower tiersubcontracts. The prime contractor shall be responsiblefor the compliance by any subcontractor or lower tiersubcontractor with all the contract clauses in thisparagraph.7. Contract termination; debarment. A breach of thecontract clauses in 29 CFR 5.5 may be grounds fortermination of the contract and for debarment as acontractor and a subcontractor as provided in 29 CFR5.12.8. Compliance with Davis-Bacon and Related Act Requirements.All rulings and interpretations of the Davis-Bacon andRelated Acts contained in 29 CFR Parts 1, 3, and 5 areherein incorporated by reference in this contract9. Disputes concerning labor standards. Disputesarising out of the labor standards provisions of thiscontract shall not be subject to the general disputesclause of this contract. Such disputes shall be resolved inaccordance with the procedures of the Department ofLabor set forth in 29 CFR Parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes betweenthe contractor (or any of its subcontractors) and HUD orits designee, the U.S. Department of Labor, or theemployees or their representatives.10. (i) Certification of Eligibility. By entering into thiscontract the contractor certifies that neither it (nor he orshe) nor any person or firm who has an interest in thecontractor’s firm is a person or firm ineligible to beawarded Government contracts by virtue of Section 3(a) ofthe Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii)No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a Governmentcontract by virtue of Section 3(a) of the Davis-Bacon Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts orparticipate in HUD programs pursuant to 24 CFR Part 24.(iii)The penalty for making false statements is prescribedin the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,“Federal Housing Administration transactions”, provides inpart: “W hoever, for the purpose of . . . influencing in anyway the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony byEmployees. No laborer or mechanic to whom the wage,salary, or other labor standards provisions of this Contractare applicable shall be discharged or in any other mannerdiscriminated against by the Contractor or anysubcontractor because such employee has filed anycomplaint or instituted or caused to be instituted anyproceeding or has testified or is about to testify in anyproceeding under or relating to the labor standardsapplicable under this Contract to his employer.B. Contract Work Hours and Safety Standards Act. Theprovisions of this paragraph B are applicable where the amount of theprime contract exceeds $100,000. As used in this paragraph, theterms “laborers” and “mechanics” include watchmen and guards.(1) Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may require orinvolve the employment of laborers or mechanics shall require orpermit any such laborer or mechanic in any workweek in which theindividual is employed on such work to work in excess of 40 hours insuch workweek unless such laborer or mechanic receivescompensation at a rate not less than one and one-half times the basicrate of pay for all hours worked in excess of 40 hours in suchworkweek.(2) Violation; liability for unpaid wages; liquidateddamages. In the event of any violation of the clause setforth in subparagraph (1) of this paragraph, the contractorand any subcontractor responsible therefor shall be liablefor the unpaid wages. In addition, such contractor andsubcontractor shall be liable to the United States (in thecase of work done under contract for the District ofColumbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidateddamages shall be computed with respect to each individuallaborer or mechanic, including watchmen and guards,employed in violation of the clause set forth insubparagraph (1) of this paragraph, in the sum of $10 for eachcalendar day on which such individual was required or permitted towork in excess of the standard workweek of 40 hours without paymentof the overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
Previous editions are obsoletePage 5 of 5 form HUD-4010(06/2009) ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidateddamages. HUD or its designee shall upon its own actionor upon written request of an authorized representative ofthe Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed bythe contractor or subcontractor under any such contract orany other Federal contract with the same prime contract,or any other Federally-assisted contract subject to theContract W ork Hours and Safety Standards Act which isheld by the same prime contractor such sums as may bedetermined to be necessary to satisfy any liabilities ofsuch contractor or subcontractor for unpaid wages andliquidated damages as provided in the clause set forth insubparagraph (2) of this paragraph.(4) Subcontracts. The contractor or subcontractor shallinsert in any subcontracts the clauses set forth insubparagraph (1) through (4) of this paragraph and also aclause requiring the subcontractors to include theseclauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clausesset forth in subparagraphs (1) through (4) of thisparagraph.C. Health and Safety. The provisions of this paragraph C areapplicable where the amount of the prime contract exceeds $100,000.(1)No laborer or mechanic shall be required to work insurroundings or under working conditions which areunsanitary, hazardous, or dangerous to his health andsafety as determined under construction safety and healthstandards promulgated by the Secretary of Labor byregulation.(2)The Contractor shall comply with all regulationsissued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition ofsanctions pursuant to the Contract Work Hours and SafetyStandards Act, (Public Law 91-54, 83 Stat 96). 40 USC3701 et seq.(3) The contractor shall include the provisions of thisparagraph in every subcontract so that such provisions willbe binding on each subcontractor. The contractor shalltake such action with respect to any subcontractor as theSecretary of Housing and Urban Development or theSecretary of Labor shall direct as a means of enforcingsuch provisions.
SPECIAL CONDITIONS PERTAINING TO .HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTIONA.Lead-Based Paint Hazards(Applicable to contracts for construction or rehabilitation of residentialstructures)The construction or rehabilitation of residential structures is subject to allHUD Lead-Based Paint regulations including The Lead-Based PaintPoisoning Prevention Act of 1971, The Residential Lead-Based paintHazard Reduction Act of 1992, and 24 CFR Part 35 "Requirements forNotification, Evaluation and Reduction of Lead-Based paint Hazards inFederally Owned Residential Property and Housing Receiving FederalAssistance", effective September 15, 2000. In particular, but not limitedto, the Consultant shall comply with the provisions for the notifications,evaluations, reductions, and abatement of lead-base hazards underSubpart 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 inpurchasing and handling explosives. The Consultant shall take allnecessary precaution to protect completed work neighboring property,water lines, or other underground structures. Where there is danger tostructures or property from blasting, the charges shall be reduced and thematerial shall be covered with suitable, timber, steel or rope mats.The Consultant shall notify all owners of public utility property of intention touse explosives at least eight hours before blasting is done, close to suchproperty.Any supervision or direction of use of explosives by the Engineer does notin any reduce the responsibility of the Consultant or his Surety for damagesthat may be caused by such use.C.Danger Signals and Safety Devices (Modify as Required)The Consultant shall make all necessary precautions to guard againstdamages to property and injury to persons. He shall put up and maintainin good condition, sufficient red or warning lights at night, suitablebarricades and other devices necessary to protect the public. In case theConsultant fails or neglects to take such precautions, the Owner mayhave such lights and barricades installed and charge the cost of this workto the Consultant. Such action by the Owner does not relieve theConsultant of any liability incurred under these specifications or contract.EXHIBIT C-3
PROJECT AREA TRAINEES, EMPLOYEES AND BUSINESSESThe work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of theproject.The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Housing and Urban Development Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agreethat they are under no contractual orother disability whichwouldprevent them fromcomplying 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 orunderstanding,if any, a notice advising the said labor organization or worker’s representative of Contractor’s commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employeesandapplicantsfor employment training.Contractor shall include this Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. Contractor shall not subcontract with any subcontractor where Contractor has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and shall not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations.Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Housing andUrban D ev e lopm en t Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the City, its successors, and assigns. Failure to fulfill these requirements shall subject the City, its successors and assigns, and Contractor and Contractor=s subcontractors, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CF Part 135.NOTE: The project area is defined as the city limits of the City of Riverside, California.EXHIBIT C-5
WORKER ENTRY NO.WORKER LAST NAMEWORKER FIRST NAMEWORKER MIDDLE INITIALWORKER IDENTIFYING NO.(J) JOURNEYWORKER(RA) REGISTERDAPPRENTICELABORCLASSIFICATIONST = STRAIGHT TIMEOT = OVERTIMETOTAL HOURS WORKED FOR WEEKHOURLY WAGE RATE PAID FOR ST AND OTTOTAL FRINGE BENEFIT CREDITPAYMENT IN LIEU OF FRINGE BENEFITSGROSS AMT EARNED GROSS AMT EARNED FORALLNET PAY TO WORKERFORALL TAX WITH-HOLDINGSFICAOTHER (MUST SPECIFY , SEE INSTRUCTIONS)TOTAL DEDUCTIONS
PROJECT NAME PROJECT NO. or CONTRACT NO. PAYROLL NO. PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS NAME PROJECT LOCATION WEEK ENDING DATE CERTIFYING OFFICIAL’s NAME AND TITLE The payroll APPRENTICESHIP PROGRAM NAME REGISTERED NAME OF LABOR CLASSIFICATION OASAA OASAA OASAA NAME OF WORKERFB NAMEFB NAMEFB NAMEFB NAMEFB NAMEFB NAMETOTAL HOURLY CREDITFB TYPEFB TYPEFB TYPEFB TYPEFB TYPEFB TYPEPLAN NO. PLAN NO.PLAN NO.PLAN NO. PLAN NO. PLAN NO.FundedUnfundedFundedUnfundedFundedUnfundedFundedUnfundedFundedUnfundedFundedUnfundedHourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hourly Credit$Hrly Credit$$ADDITIONAL REMARKSSIGNATURE OF CERTIFYING OFFICIALDATETELEPHONE NUMBER EMAIL ADDRESS( __ __ __ ) __ __ __ – __ __ __ __ THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION (SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF TITLE 31 OF THE UNITED STATES CODE), AS WELL AS DEBARMENT FROM FUTURE FEDERAL AND FEDERALLY-ASSISTED CONTRACTS. INFORMATION REPORTED IN CERTIFIED PAYROLLS MAY BE SUBJECT TO DISCLOSURE IN RESPONSE TO A FREEDOM OF INFORMATION ACT REQUEST.
Federal (Davis Bacon) Wage DecisionThe 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 ContractFederal (Davis Bacon) Wage DecisionEXHIBIT C-8
KEY PERSONNEL
EXHIBIT “D” KEY PERSONNEL 1.2.3.4.5.
PROJECT TIMELINE (Required for construction)
EXHIBIT “E” PROJECT TIMELINE ACTIVITY DUE DATEProject Planning/Exhibits Submittal MOU Execution NEPA Review Completed FONSI Publication/Public ReviewProject Design & BID Document Contract Award Construction Begins Construction CompletionFinal Payment to Contractor
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) 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 FFATA reporting requirements. Prime contract awardees will report against sub-contracts awarded and prime grant awardees will report against sub-grants awarded. The sub-award information entered in FSRS will then be displayed on www.USASpending.gov associated with the prime award furthering Federal spending transparency. The Transparency Act requires information disclosure concerning entities receiving Federal financial assistance through Federal awards such as Federal contracts, sub-contracts, grants, and sub-grants. information about each sub-award(s) greater than $25,000: Name of the entity receiving the award; Amount of the award; NAICS code for contracts / CFDA program number for grants; Information on the award including purpose of the funding action; Location of the entity receiving the award and primary location of performance under the award; Unique identifier (DUNS #) of the entity receiving the award and the parent entity of the recipient; Names and total compensation of the five most highly compensated officers of the entity if the entity: In the preceding fiscal year, received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
I, _________________________, hereby agree that: [Fill in Name of Dept. Director] I read and understand the information provided above. I acknowledge and agree that: (Please check one of the following) ____ ___________________________________(agency name) does not meet the above threshold requiring names and total compensation of the five most highly compensated officers of the entity if the entity. ____ __________________________________(agency name) does meet the above threshold* requiring names and total compensation of the five most highly compensated officers of the entity if the entity. *If agency meets the above threshold, the agency MUST complete the section below identifying the names and total compensation of the five most highly compensated officers of the entity, signed and dated by the one of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or Treasurer. Names of Executive Total Compensation 1. 2. 3. 4. 5. _______________________________________ Signature of Parks Recreation and Community Services Director _______________________________________ Printed Name of Parks Recreation and Community Services Director Rev: 01/26/18
ENVIORMENTAL ASSESSMENT PROJECT DATA FORM
EXHIBIT “G” ENVIRONMENTAL ASSESSMENT PROJECT DATA FORM Project Name as Listed in EXHIBIT A: Project Address/Location: HUD Grant Number:B-2-MC-06-0538Project Account Number for Planning Department to Charge for EA Preparation: (Include J L Key and J L Object.) Estimated Project Cost: (Include the portion to be funded in this review.) Complete Project Cost: (Include all parts, phases, and related and connected actions, and itemize all funding sources and amounts.) Construction Cost:$Design, Administration & Inspection:$Total Project Cost: $CDBG Funds:$Local Funds:$Statement of Purpose and Need for the Proposal: (Clearly explain the City’s underlying objectives.) Description of the Proposal: (Include all contemplated actions which logically are either geographically or functionally a composite part of the project, regardless of the source of funding.) Existing Conditions and Trends: (Describe the existing conditions of the project area and its surroundingsand trends likely to continue in the absence of the project.) ALTERNATIVES TO THE PROPOSED ACTION Alternatives and Project Modifications Considered (Identify other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Describe the benefits and adverse impacts to the human environment of each alternative and the reasons for rejecting it.) No Action Alternative (Discuss the benefits and adverse impacts to the human environment of not implementing the preferred alternative.) Additional Studies Performed (Attach studies or summaries)
ADDENDUM
Addendum 1. Federal grant funds. 2. Subrecipient agrees to use Agreement Funds in compliance with all applicable White House Executive Orders and as further set forth herein. 3. To the extent applicable, Subrecipient is not required to use Agreement Funds in compliance with Executive Orders that have been revoked or invalidated by court order, including but not limited to E.O. 14154 and E.O. 14008. 4. 5. agrees that Agreement Funds shall not be used to fund or promote elective abortions. 6. To the extent required by applicable Executive Orders, Subrecipient shall administer the Loan Agreement in accordance with all applicable immigration restrictions and requirements, including eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646)(PRWORA), Executive Order 14218, or other applicable Executive Orders. 7. To the extent required by applicable Executive Orders, for so long as such Executive Orders are in effect and as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), Subrecipient shall utilize the Systematic Alien Verification for Entitlements (SAVE) system, or an equivalent verification system approved by the Federal government, unless excepted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)(PRWORA). 8. To the extent applicable, Subrecipient shall ensure that the use of Agreement Funds shall comply with Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964. 9. es that the remaining portion of the Federal award will not accomplish the purposes for 10. Subrecipient acknowledges that Executive Orders included in this Addendum may be subject to interpretation and decision by various federal courts which may be binding upon the Agreement. 11. Subrecipient acknowledges that this Addendum does not include an exhaustive list of current Executive Orders and that Executive Orders are subject to change and modification. 12. Subrecipient is responsible for monitoring and being knowledgeable of all White House Executive Orders. 13. In executing the Agreement, Subrecipient acknowledges that 1) the City has not provided legal interpretations or advice related to this Addendum; and 2) Subrecipient has had the opportunity to consult with, and be advised by, an independent legal counsel regarding matters pertaining to this Addendum.