(d) The Offero/s subcontracting plan shall include the fullowing:
(1) Separate goals, expressed in terms of total dollars suboontracted, and as a peroentage of total planned subcontnacting dollars, for the use of small business, vetBran-owned small businsss, ssryicedisabled veteranouvned small business, HUBZone srnall business, small disadvantaged business, and women-owned small business @ncems as subcontractors. For individual subcontracting plans, and if r,oqulred by tre Contraotlng fficor, goale ghall also be expoased ln terme of percentage of btal contract dollars, ln addlfion to the goals elpressed as a percentage of total subconhact dollars- The Ofieror shall indude al!
subconhacts that contribute to contract perfiorman@, and may Include a propodonate share of products and servloes that are normally allocated as lndlreot costs. ln aocordance with 43 U.S.C. 162* (l) Suboonfiacte awarded b an ANC or lndlan tlbe shall be counted towards the subcontractlng goals for small business and small disadvantaged business conGsms, regardless of the slze or Small Business Admlnistraflon certificaton status of the ANC or lndian tsibe; and (ll) Where one or more subcontractors arc ln the subcontract tier between the fime Contracbr and the ANC or lndlan trlbe, the ANC or lndlan tlbe shatl designaE tre appropriaE Contracto(s) to count the subcontnast towards lE small buslness and small dlsadvantaged buslness subcontractlng goals. (A) ln most cases, the approprhte Conhacbr is the Contractor tnt awarded the subconbact to the ANC or lndian tribe.
(B) lf the ANC or lndian tribe designatss more than one Conbactor to count the subcontract bward i13 goals, the At'lC or lndhn bibe shall delgnab only a porton of tha btral subcontract arard to eactr Contractor. The sum of the amounts designatad to various Contmctore cannot exceed the total value of the subcontract
(C) The ANC or lndian fibe shall give a copy of the writbn designation to the Gontracting Officer, the prime Conlractor, and tre eubcontradore in between the prime Contractor and the ANC or lndian tribe wtthin 30 days of the date of the eubconfec:t a*ard. (D) lf the Contractlng ffioer does not recelve a copy of the ANCs or the lndian tribe's wttten designation within 30 days of the subcontnact award, the Contactor that auarded the subc-ontract to tha At'.lC or lndian triba wfll be conskJered the designatred Conbactor. (2) A Btatefirent of-
(i) Total dollars planned to be subcontracted for an indivldual subconbactlng plan; or the Ofiero/s to,tal pCIected Bales, exprassed in dollars, and the total value of prdected subconbacts, including all indirect costs except as deacribed in paragraph (g) of this claus€, to support the sales for a commercialplan;
(il) Total dollars planned b be subconfacbd to small business ooncems (lncluding ANC and lndlan trlbes);
(iii) Total dollars planned to be subcontracted to veteranowned srnall business oonoems; Page3of1l Exhibit'L'
(lv) Total dollars planned to be subcontnacted to service{isabled vetenarorned srnallbusiness; (v) Totaldollars danned b be subconbacted to HUBZone small business ooncems; (vi) Tobl dollars planned to be subcontracted b small disadvantaged business conoems (induding AhlCs and lndian tibes);and
(vii) Totaldollars planned to be submntracted to womenowned smallbusiness @noems. (3) A &scrlptlon of the prlnclpal types of supplies and services to be subontracted, and an identffcation of the typee plannad for suboontracting tr
(l) Small businass conoems;
(ll) Veteran-owned small busine*s concems;
(iii) Serviedisabled veteranowned small buslness oonosms; (iv) HUBZone small businese oonoems;
(v) Smalldisadvantaged businoss conerns; and
(vi) Womerowned small business @n@ms.
(4) A desctiption of the method used to develop the subconhac'ting goals in paragraph (dX1) of this clause.
(5) A description of the method used b ideffi potential aourcoE br solicitation purpoeos (e.g,, existing company source lists, SAM, veterans service organizations, the Natbnal Minority Purchasing Gouncll Vendor lnformation Seruice, the Resaarch and lnformation Division of the Minority Business Development Agency in the Departnent of Crcrnmerce, or Bmal!, HUBZone, small disadvantaged, and wornen<xtned small business hade associations). A firm may rely on the lnfurmatlon contalned ln SAM as an accurate mpresantation of a con@m's size and ownerehlp charac{eristlcs fur the purposea of malntalnlng a small, vatEmn-owned small, seModisabled vetenanowned small, HUBZone srnall, srnall dlsadvantaged, and women{u/ned small buslness Boulcs list. Use of SAM as ita sourco liet does not reliev€ a firm of its responsibilities (e.9., ouheach, assistance, counseling, or publbizing eubconfacting opportunities) in this claues.
(6) A statement as to wtrether or not the Oftror included indirect cos6 ln establlshlng subcontrac{ing goals, and a descrlpUon of the mgthod used to determine the proportlcnate share of lMlruct @sils b be incuned with-
(l) Small business oonoetrls (induding ANC and lndian Hbo), (ii) Vebran-ovrned small business oonoerns:
(iii) ServiedisaHed veteran.owned srna ll businese oo noams ; (iv) HUBZone small business @no6mB;
(v) Small disadvantaged buslnesa oonosma (including Al.lC and lndhn tribes); and (vi) Women-owned small business ooncoms.
(7) The narne of the lndlvidual employed by ttre Ofieror who wlll admlnlster the Ofiero/s subcontrac{lng program, and a descdption of the duties of the indlvidual.
(8) A degcription of the efiorb the Offeror will make to assure that small buslness, veteranowned small busineas, service dlsabled veteranowned emall business, HUBZone small businees, small disadvanhged business, and womenowned small business concsrns have an equitable opporilnlty to compete fu r subcontracts.
(9) Assurances that the Ofrror will include the clause of this contract entitled "Utilization of Small Buslness Concems" in all sub@ntracts thEt oftr further subcontrasting opportunltles, and that the Ofieror will require all subconbactors (except small business concems) that recelve subconhac'ts in excess of the applicable threshold specified in FAR 19,702(a) on the date of subcontract award, with further subcontnacting posslHllfles b adopt a subcontracting plan that complies wlth the requirenrenE of this clauee.
(101 Rssrrnces that the Ofhror wilF
(i) Cooperate ln any studies orsurveys as may be required; (ii) Submlt periodic reporb so that the Govemment can debrmine the extant of compliance by the Ofhror wtth the subcontracting plan;
(iii) Afier November 30, 2017, include subcontractlng data for each order when reportlng subcontnac.tlng adrievements for indefiniEdellvery, lndeflnlbquantity conhac{s with indlvHual subcontracdng plans where the contract is intended for use by multiple agonciee; (iv) Submit the lndividual Subcontract Report (!SR) and/or the Summary Subcontract Report (SSR), ln accordance with paragraph (l) of this clause uslng the Electronic Subcontracting Reporting Syotem (oSRS) at htp://www.esrs.gov. Tha reporb shall provide inbrmation on subconbac't atuards b srnall business concems (including ANCs and lndian tribss that are not small businesses), veteranowned small business concems, seruice{isabled veteran-owned small business concems, HUBZone small business concerns, small disadvantaged busin€ss conoems (including AiICB and lndian tribes that have not been certified by SBA as amall disadvantaged burinecses), womenryned small buslneas GonoBms, and for NASA only, Hisbrically BIac* Colleges and Universltles and Mlnority lnstihrtlons.
Reporting shall be in aocordance witr this clause, or as provided in agency reguldons:
(v) Ensure that its subconhactors with subconfac{ng plans agrce to submft ttte ISR and/or the SSR' using eSRS;
(vi) Provide ite prirne contrract number, lts unlque entlty lderffior, and the email address of the Ofbrods orfficial responsible for acknowledglng recelpt of or rejecting the lSRs, to all flrst{ier subconbactors with submnhacting plans so they can enter this information into the eSRS when submitting their lSRs; and
(vii) Requlre that eaclr eubconbactor wlth a aubcontactlng plan provide the prime contract number, ib own unlque entity identifier, and the emall addrees of the subcontracto/s offcial responslbh fur acknowledging recelpt of or raiectlng the lSRs, b ib subcontactors with subcontading plans.
(11) A descripfon of the types of records that will be maintalned concsming procedures that have been adopted to cornply with the mquirements and goals in the plan, including establishing Bounce lists; and a description of the offeno/s efforts to locata small h.rslness, veteran-owned small businegs, seruie disablsd wteran-owned small business, HUBZone small business. small disadvantaged hrslness, and womsn{wned small business concarns and awad subcontracts to them. The reoods shall lnclude at leaet the followlng (on a plant-wide or company-wlda basis, unless otherwise indicated):
(i) Source lbts (e.9., SAM), guida, and other data that ldentff small business, vebranowned small businegs, sarvi:e{isabled vetelran-owned small b,r.rslness, HUBzone small businegg, small disadvantaged buslness, and women-owned small buslness @noems. (ll) Organizatlons contasted in an attempt to locate sources that arc small business, yeteranowned small business, servioe disabled vetaran+wned small business, HUBZone small business, small diuadrrantaged busi ness, or wo men<rwned ema I I busi ness ooncams, (iii) Records on eadr subcontract eollclbtion rcsulting ln an award of more firan the slmplified acqulsltion thrcshold, as defined in FAR 2.101 on the date of subcontract award, indicatingr- (A) Whether srnall business conoems were sollclted and, if not, why not; (B)Whether veteran-owned small business @noems r,yere solicited and, if not, why not; (C) Whether seMc+disabled veteran-owned small business oonoems w€re soliclbd and, il not, why not;
(D) Whether HUBZone small busin€ss conoems were solicited and, if not, why not; (E) Wheher smal! disadvantaged business oonoems werc soliciled and, lf not, why not; (F)Whetherwomen{wned small buslne$ ooncoms wera solicibd and, lf not, why not and (G) lf applicaUe, the roason aurard was not made to a small business oonoam. (iv) Records of any oubeach efiorb to contact-
(A) Trade assodations;
(B) Buslness davelopment organ izations;
(C) Confercnces and tade fairs to locate small, HUBZone small, smal! dbadvantaged, servlcedi sabled vetanan-owned, and women{wned smal I business souraes ; and (D) VeGnans service organizalions.
(v) Records of internal guidance and encouragement provided to buyers through- (A) Workshops, serninars, trainlng, eb.; and
(B) Monibring perfonnance to evaluate complbnce with the program's requiremenb. (vl) On a conbact-by-contract basis, rocords to support award data submitted by the ofhror to the Govemmgtt indudirE the narna, addreeg, and business size of each subcontractor. Contnac{ore having oommercial plans need not comply wlth this requirement. (12) Assurances that the Ofieror will make a good faith eftort to acquire artcles, equlpment, supplies, saryi@s, or materials, or obtain the perfonnance of construction work ftom the small buslness @noems
that it used in preparing the bid or proposal, in the same or gnBator Bcope, amount, and quality used in prcparing and submitting the bid or proposal. Respondlng to a request for a quob does not consflfrJte use in preparing a bid or proposal. The Offeror used a small business concem in preparing the bid or proposalif-
(i) The Ofierpr identifies the small businoss concem as a subcontractor in the bid or proposal or associated small buslness subcontractng plan, to fumlsh certain supplies or perbrm a portion of the suboonbact or
(ii) TIE Oftror used the snrall business concem's pricing or cost information or bchnical expertise in preparing the Hd or proposal, where there ls wrltbn evidence of an intent or understanding that the small businegs, concarn will be awarded a suboontract for the related work if the Ofiaror is awarded the confact.
(13) Assurarrces that the Conbactor will pmvide the Contractirg fficer with a written explanation if the Contractor fails to acquire arucles, equlpment supplies, services or materials or obtain the perficrmance of construction work as described in (dX12) of thls clause. This written explanation must be submitled to Ere ConUacflng fficerwlthln 30 days of conbactoomplehn' (14) Assurances that the Gontractor will not prohlbit a subcontac'tor from dlea.rssing witr the Contrac{ng Officer any mabrial matter pertaining to payment to or utilization of a subcontrac'tor. (15) Assurances that the ofteror will pay its small business subconfadons on time and in accordanca with the terms and conditions of the underlying subcontract, and nofi the conhacting officer when the prime confiaclor makee etther a reduced or an untmely paymant to a small businees subconfactor (see
52.24241,
(e) ln order to effiectively implement this plan to the extent mnsistent with efficient conhact performanoe, the Contractor shall perform the following functbns:
(1) AsEist small buslnees, veteran{wned gmall htglness, service-disabled veteran-owned small busines, HUBZone small bueinegg, gmalldisadvantaged buslness, and wornenowned small business concems by ananging sol1ihtions, time fur the preparation of blds, quantities, specifications, and delivery schedules so as to fmilitate the participation by sudr concems. Where the Contracto/s lists of potential small business, vetenan-owned small business, service{habled veteranowned small business, HUBZone small buslnege, srnall dlssdvantaged business, and women-owned small buslnBs gubcontractora arE excessively long, reasonable efurt ehall be made b glve all sucfr small business conoems an opporfunity to compete over a period of time.
(2) pncvide adequate and timely consideration of the potentalltle of small buslness, veteranowned small business, seMoe dlsabled veEranowned small bueinesE, HUBZone tmall businoss, snalldisadvanbged buginess, and uomenowned srnall business concems in all 'make<r-buy' declslons'
(3) Gounset and discuss subcontracting opportunitbs with representatiws of small business. veteranowned small business, servicedisabled veteran-o! rned small business, HUBZone small businesg, small disadvantaged business, and wornon-owned
small business firms.
(4) Confirm that a subcontractor representing ltself as a HUBZone small buslness @ncern ls certified by sBA as a HUBZone small business concem ln accordance wlh s2.21$-8(dx2). (5) Provide notice to subcontractors oonceming penalties and rcmedies for misreprasentations of business stafus as small, vetBran-owned small business, HUBZone emall, small disadvantaged, or vuomenowned small business for the purpose of obtaining a subcontract trat is to be included as part or all of a goal contained in the Contmcto/s subcontacting plan.
(6) For all competitive subcontracts over the slmp!!fled acqulslton threshold, as defined in FAR 2.101 on the date of subcontnact award, ln whlch a small business conoem received a small hrsinqss preference, upon determlnaton of the successful subcontract ofhror, prior to award of the subcontracl the Contrador must inform each unsucoessfu! small business subcontract ofieror in writing of the name and locatbn of the apparent successful offaror and if the succe$ful subcontract offeror ls a smatl buslness, veteranowned small business, sorvicedisabled veteran{wned small business, HUBZone small buslnese, small disadvantaged business, or women{wned small buslneos @noem. (7) Assign each subcontract the NAICS code and conespondlng slze standard that best deeglbes the principal purpose of the subcontract.
(f) A master subconbactlng plan on a plant or dlvisionaadde basis that contains all the elements required by paragraph (d) of thls clause, except goals, may be inoorporated by reference as a part of the subconbacting plan required of tre Ofieror by this clause; providef
(1) The master subcontacling plan has b€en approved;
(2) The Offeror ensurBa that the maeter subcontractlng plan is updated as necessary and provldes coples of the approved mester subcontracting plan, lncludlng evldence of lts approval, to the Conhacting Officer; and
(3) Goals and any devlatons frrom the master submntrac{ng plan deemed neceseary by the Contracting fficer to satlsfy the requirements of this contract are set forth in the individual subconbacting plan, (g) A commercial plan is the prebned type of subcontraoting plan fur conbactors furnishing commercial items. The commercial plan shall relate to the offerol'e planned subcontracflng generally, for both commercia! and Govemment business, rather than solely to the Government contrac.t. Onoe the Contractor,s commercial plan has been approved, the Government wlll not requlre another subconhacUng plan from the same Contractor while the plan remains ln effect, as long as the product or seryie,e being provided by the Contractor continues to meet the definltlon of a commerclal ltem. A Contractorwith a commercial plan shall comply with the reportng requlrements stated In paragraph (dX10) of thls clause by submitting one SSR in oSRS for all contracb covered by iB commerdal plan. A Conbactor auhorlzed to use a commerclal Page8of11 Exhibit "L"
subcontracting plan shall include in its subconbacting goals and in its SSR all indirect costs, wtth the exception of thoss such as the fullowing: Employee salaries and benefite; payments for pet$ cash; depreciation; interest; income taxes; property taxes: lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationshlps during wananty periods (negotiated up front with the product); u{ilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those seMc€e ln a parflcubr geographlcal region; and phllanfiroplc conflbutons, Thls report shall be acknordedged or reJected ln eSRS by the Conhacting fficer who apprcved the plan. Thls report shall be submitted witrin 30 days after the end of the Govemmenfs fiscal year. (h) Prior compfiance of tre offamr with other ucfr subcontracting phns under prevlous contracts witl be oonsidered by the Contracting fficer in determinirg the reeponsibiltty of the ofbror for award of the oontract.
(i) A contract may have no more than one subcontracting ilan. When a contract modification exceeds the subcontracting plan hreshold in FAR 19.702(a). or an opton ls exercised, the goals of the existing subcontracting plan shall be arnerdad to reflect arry new subconfacting opporUnites. When the goals in a subcontracting plan are amended, th€s€ goalchanges do not apply retroacllvely.
O Subcontracdng plans are not requlrcd from suboontractors wlren the prime oonlrac't contains the olaus€ at 522124, Contract Terms and Conditions Required to lmplement Statutes or Executive OrdersCommercial ltems, orwhen the subcontractor provides a commercial item subiect to the clause at52.2444, Subconbacts for Commerdal lterns, under a prime contract. (k) The faiture of he Contractor or subcontracrtor to comply in good faith with (1) the clause of thls oonfrast entitled "Utilization Of Small Business Concems,' or (2) an approved plan required by this clause, shall be a matadal breach of the contract and may be considered in any past performance evaluation of tto Contractor.
(l) The Confiactor shall submit lSRs and SSRs using fie wetsbased eSRS at http/Amw.esra.gov.
Purchas6g ftpm a corporatlon, company, or subdMsbn that is an afrllata of the Contnac'tor or subcontracilor are not included in these reports. Subcontract awads by affiliates shall be treated as subcontract awards by tre Contractor. Subcontlact award data reported by the Contractor and subcontractors shal! be limlted to awards made to their immediate next-tier subcontlac'tors. Credit cannot be taken fur awards made to lower iler subcontractom, untess tre Conhactor or subconEactor has been deeignated to receive a small busineEs or smatl dlsadyantaged business credit from an ANG or lndian trlbe. Only subcontracts involv'lng perbrmance ln tfie United States or its ouflying aroas should be included ln these reporE wlth the excepton of subconhacts under a contract awarded by the State Department or any other agency that has statutory or ragulatory autrority b require subcontractlng plans br subcontracts perfurmed outslde the Unltpd SHes and its oudylng aI€48.
(1) lSR. This report is not required for commercial plans. The report ls requirad for each conbact containing an individual subcontracting plan.
Page9of11 Exhibit'L'
(i) The report shall b€ submlttad serni-annually during confact performance for the periods ending March 31 and Sepbmber 30. A report b alao roquired for each contract within 30 days of oonbact oompletlon. Reports are due 3O dap after the dose of each reporting period, unless otherwlge dipcted by he Gontraciing fficer. Reports are required when due, regardless of whetrer there has been any subcontnacting activity since the inceptim of the oontract or he prevlous reportlng perlod.
When the Contracting fficer rejects an lSR. the Contrastor shall submit a conected report within 30 daye of receiving the notice of ISR reiecton.
(ii)(A) When a subcontrac{ing plan conhins separate goals fur the basic contract and each option, as prescribed by FAR 19.70d(c), the dollar goal inserted on tris report ghall be the sum of the base period through the cunent option: for example, fur a report submitted after the second optlon ls exercised, the dollar goal would be he sum of the goals for the basic oonhac,t, the first option, and the sscond option.
(B) lf a subcontracitlng plan has been added to the contraot pursuant to 19,702(axlXlll) or 19.301- 2(e), the Conhactot's achievements must be reported in the ISR on a cumulative bagis from the date of lncorporation of the subcontrac{ing plan inb [re contract. (ill) When a subcontrac'ting plan includee indirect costs in the goals, theee cogb must be lncluded in this rcport.
(iv) The auhority to acknowledge receipt or reject the ISR reddee- (A) ln the caes of the prime Contnactor, wlth the Conhacting Offcar;and (B) ln the case of a subcontract wlth a subcontrac{ng plan, with the entty that awarded the subcontract.
(2) SSR.
(l) Reporb submified under individual subcontracting ptans. (A) This report enotxnpasseo all euboontracting under prlme oonbacts and subcontacG with an executive agancy, regardless of the dollar nalue of the subconbacts. This report also includes indircct costs on a prolated basls when the lndlrect coste are excluded from the suboontracting goals.
(B) The report may be submltted on a ooporab, company or subdMsion (e.g. plant or divbton operating as a separab profit center) basis, unless othenrvise directed by ilre agency. (G) !f the Contractor or a sub@ntrac'tor is performing work for more han one execuwe aggncy, a separate report shall be submiiled to each executlrre agency covedng only that agenqy's contact, provided at leat one of that agencfs contactg Is over the applicable threshold specified in FAR
19.7021a1, and the contract @ntalns a subcontractlng plan. For DoD, a consolidated report ehall be submited br all conbacts awarded by mltltary departmenUagencies andlor subcontrac'ts awarded by DoD prlme confractors.
(D) The roport shall be submitted annually by October 30 tor the twelve month p€riod ending September 30. When a Contrac{ng Officer relecte an SSR, the Contraotor shall submit a ruvised reportwithin 30 days of receiving the notice of SSR rcjection. (E) Subcontract awads that are related b work for more than one executiye agency shall be a pp ropriately al located-
(F) The authority to acknowledge or reiecl SSRs ln eSRS, lncluding SSRs submited by subconhactors with subconhactng plans, resides with the Govemment agency awarding he prlme contrads unless stated othenrise ln the conbact.
(ii) Reports submitted under a commerclal plan-
(A) The roport shall include all subcontact arrvards under the commercial plan in effect dudng the Govemment's fiscal yearand all lndlrec't costs.
(B) The roport shall be submitted annually, within hirly days after the end of the Govemment's fiscal year.
(C) lf a Contractor has a commercial plan and ls performing work for more than one executive agency, the Contactor shall specry the percentage of dollarc attrlbutable to each agency. (D) The authorlty to acknowledge or rejec't SSRs for commerdal plans resides wi$ the Conhacting Offcerwho approved the commerclal plan.
SMALL AUS'A'ESS PARTICIPATION REQUIREM ENTS
(Applies only to projects where CDBG funding as more than $100,000 and less than $500,000) It is the pollcy of the HUD that small business€s and women business enterprises shall haw the maximum practicable opportunity to participate in the performance of HUD funded contracts. ll. The Cortractor agrees to use his best efforts to cany out this policy in the award of his subcontnacb to the fullest extent consistent with the efficlent performance of this contract. Conhactors may rely on wrltten reprceentatlons by subcontractors regadlng thgir status as small busineggee ln lieu of an lnde pendent lnvestigatlon,
ll1. A Srnall Business (SB) is a business, induding its affiliates, whicfi is independently owned and operated, not dominant in its field of openation in which lt is birCding for govemment @ntnacts, and qualified as a small business under the criteria in 13 CFR part. 121. The size cribrion entifled "Small Business Size Standards" ig within this bid specffication or requestfor pmposal package for reference. !V. Blddlng Contractors shall make the maxlmum atbmpt feasible to achleve the County's obJective for SB participaflon ln CDBG funded conUacts by perfiorming ttre contract adminisfraUon and complianca staps as fullows:
A. Conbact Administration: The enntractor shall ins€rt thls cbuse in any subcqrhact involving CDBG funding of more than the simdified acqulsltlon fireshold, fi:red at 41 U.S.C. 403 (11) (cunenUy set at $100,000), monitor the subconhac{ot's compliane, and maintaln records of such compliance.
B. Contract Compliance: The Contractor shall evidence his/her understandlng of and intent to comply with the Countt's CEDD SB Plan by submiting, as an integral part of his/her bid, the folladng:
1. To vertfr attainment of Countt's SB goals submlt, wlth bld, Form SB-241 'SMALL BUSINESS AND WOMAN BUSINESS ENTERPRISE UTILIZATION BlD SUBMISSION TO THE COUNTY OF KERN';and
2. When non-attainrnent occurs, submlt, wlth bid, Form SB-242, 'LIST OF NECESSARY AFFIRMATIVE STEPS TAKEN TO INVOLVE SMALL BUSINESSES (SBs)", induding any additional documentation which provides evidence of the contradofs e{IorE to attain the County's SB goals, whicfi is to include the folloning:
a. Statement of contractor's effods to enter into dlrect contact with SBs. b. Roport of responses recelved from SBs, induding proposals or tids and the conbactofs response therebc. Copies of conespondence sent to groups and individual SBs as notificatlon of the conlractofs intent b confiact with SBs.
d. Report of specffic contacls wlh small contracto/s associatbns, small business development centers, or any other agency whlch may disseminab Hd inbrmaton to SBs. e- Description of specific efiorts undertaken by prime contactors to enoourage subcontrac'tors b obtain SB p6rticipation.
The Hd forms section within this bH sp€clflcatlon or requeat for proposal package lncludes both SB Forms. Bidders are horeby notified that in the event they do not m€€t the County's SB goa!, their firm can still rcceive a CDBG funded contract if they perbrmed all of the listed stegs.
V. Bidders are hereby notified that the text of the entlre SB Plan is available at P&CDD upon request.
EQUAL OPPORTUN lTY FOR WORKERS YI'ITH DISABILITIES
(48 CFR s2.222-36)
(June 2020)
lal Equal oprtunity cra&se. The Conractor snail ablde by the rcquirements of me equal opportunity clause at41 GFR 6S.741.5(a), as of March 24,2014. This dause prohlblts discrimination against qualified lndividuals on the basis of disability, and requlres affirmative action by the Contractor to employ and advance ln employment qualifM individuals with disabillties. (b) Subconfects. The Conhactor ghall include the lerms of this clause ln every subcontract or purchaee order in exoess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secrehry, so that such provisions will be binding upon each subconfactor or vendor. The Conbactor shall act as specified by the Director, Ofihe of Federal Conbact Compliance Programs of the U.S. Department of Labor, to enforce the t€rms, induding ac-tion for mncompliance, Such necessary changes in language may be made as shall be approprbb to ldenttff properly the partles and thelr undertaklngs.
Page'1 of 1 EXHIBIT "N"
EOUAL OPPORTUNITY FOR
VETERANS
(48 CFR 52.222-351
(JUNE 2020)
(al Definitions, As used in this clause -
'Ac,tive duty ttartime or campaign badge vetoran,n "Armed Forces service medal veteran," "disabled vete,an," 'protected veteran,"qualified dlsablgd voEnan,'and "reently separated vet€ran" have the meanings gircn at FederalAcqulsltlon Regulation (FAR) 22J301. (bl Equal oportunlty clause. The Contactorshall abkJe bythe rcquirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of ttlarch 24,?o14. This clause pmhibits discrimination against qualified protected voterans, and requires afrirmatlve action by the Contractor to employ and advance in employment qual ified protec'ted veterans.
(c) Su6coaeacla The Contractor shall insert he tenns of this clauso in subcontracG valued at or absvu the threshold specified in FAR 22.1303(a) on the date of subcontract ilrmrd, unless exempted by rules, regulalions, or orders of the Secretary of Labor. The Contractor shall act as specified by the Direc'tor, Offbe of Federal Contract Compliarpe Programs, to erforce the tenns, irrcluding actlon for nonoompliance. Sudr necessary changes in language may be made as shall be appropriate to ldentify propsrly ths perties ard their undertaklngs.
Employment Reports on
Veterans
(/a CFR 52.2U-37)
(JUNE 2o2o)
lal Dcfrnttloas. As used in this chuse, 'actlve duty wartlme or campaign badge \rebran,' 'Armed Forcea eervico medelveteran,"'disabled veteran,'"protocftd veteran," and'rccently sepamted veEran,'haye tfie meanings girmn in FederalAcqtisition Regulation (FAR) 22.1301. (b) Unless the Contractor ls a Stale or local government agency, the Conractor shall report at least annually, as required by the Secretary of Labor, on -
(1)The totd numbar of employaesin the contracbrb worHorce, bylob categoryand hlrlng location, wtp arc probcbd veterans (i.e., actho duty uartlme or campalgn badge vBlerans, Armed Forces servi(E medal vet'srane, disabled vetorans, and recently separated veterans); (2) The lotal number of neuremployees hired during the period covered by the repsl, and of the total, the number of gotected veterars (i.e., active duty wartime or campa(p badge vetorans, Armed Forces servile rnedal veterans, d ioablod veteranE, and recently separatad veErans); and (3) The maxlmum number and minimum number of employees of the Contraclor or subcontractor at each hiring localion durlng the period corered by the report. (c) The Conhaclor shall report lhe above items by filing the VETS-4212 "Fedenal Contractor Veterans' Employment Repoff (see "VETSL4212Fderal Gontractor Reporting'and'Filing YoUTVETS-4212 Report' al httptlwyrw.dol.govlvetetW2l z.hhnl.
(d) The Conhac*or shall flle VETS-4212Reports no later than September 30 of each year. (e) The empbynent actlvlty reporl r€quired by paragraphs (b)(2) and (bX3) of this dause shall reflect total new hlres, and maximum and minimum number of employees, during the most recent l2-month perid preceding the ending date selected for the report. Contractors may select an ending date -
(f ) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2) As of December 31, if the Contr:actor has prlor written approval from the Equal Employrnent Opportunity Commlssion to do so for purposes of submitting the Employer lnformatrlon Report EEO-1 (Standard Form 100).
(f) The rumber of veterans reported must be based on data known to th€ contractor when oompleting the VETS4212. The contractor's knodedge of veterans strat.ts may be obtrained In a variety of wayt, induding an Invitatlon lo applicants to self-identlfy (in accordance with 41 CFR 6G300.42), voluntary self{isdcure by employees, or actual knowledge of veteran statrs by the conbactor. This pbragraph does not rellew an emplolor of liability for discrimination under 38 U.S.C. 4212. (g) The Contrac-tor shall insert the terms of this clause in subconhac-ts valued at or abow the threshold specilied inFAR 22.1303(a)on the date of subcontrac{award, unless exempted by rules, rcgulations, or orders of the Secretary of Labor.
Page2ot2 EXHIBIT'O'
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETTNG DATE: DECEMBER 5,2022 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: JOHN (JAYI SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR NOVEMBER 30,2022
SUBJECT: PROGRAM SUPPLEMENT AGREEMENT TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS, AGREEMENT NO. 09-5184F15, PROJECT NO. STPL-5184 (042) AND
RESOLUTION
DATE:
ND:
The City has been allocated funding and has received an Authorization to Proceed from the California Department of Transportation (Cal Trans) for the Regional Surface Transportation Program (RSTP) in connection with rehabilitation of Valley Boulevard. According to the Master Agreement between the City and Cal Trans, the City is obligated to approve and sign a program Supplement Agreement on a project-by-project basis for certain programs that do not fall under that Master Agreement. This agreement is for the Preliminary Engineering phase of this project.
Attached to this memorandum is a resolution authorizing the Mayor to execute the Program Supplement Agreement for the Valley Boulevard Road Rehabilitation Project. This necessary step must occur in order to receive state reimbursement for any funds expended on preliminary engineering and construction of this project.
RECOMMENDATION:
ADOPT RESOTUTION AUTHORIZING THE MAYOR TO SIGN AND EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT TO ADM|NtSTERtNG AGENCY-STATE MASTER AGREEMENT NO. O9-5184F15, PROJECT NO. STPL-5184(042).
Lcgcnd
RSTP Vlalley Boulevard
Road rehabilrtaton
I
{
J
tl
CITY OF
TEHACTTAPI
LEGAL DEPARTMENT
AID PROJECTS, AGREEMENT NO. 09-5184FL5, (Master Agreement) has no force or effect RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI AUTHORIZING THE MAYOR TO SIGN AND
EXECUTE PROGRAM SUPPLEMENT AGREEMENT TO
ADMINISTERING AGENCY.STATE AGREEMENT FOR
FEDERAL-AID PROJECTS, AGREEMENT NO. 09.5184F15,
PROJECT NO. STPL-5184 (042)
WHEREAS, the Congress of the United States has enacted the lntermodal Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Regional Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality lmprovement Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Highway Bridge Replacement and Rehabilitation Program (HBRRXcollectively "the Programs"); and
WHEREAS, The legislature of the State of California has enacted legislation by which certain Federal funds may be available for use on local transportation facilities of public entities qualified to act a recipients of these federal funds in accordance with the intent of Federal Law; and
WHEREAS, before Federal-aid will be made available for a specific project, the City of Tehachapi (Administering Agency) and the California Department of Transportation (Caltrans) are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility; and
WHEREAS, thc ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL.
CITY OF
TEHACHAPI
LECAL DEPARTMENT
with respect to any Program project unless and until a project-specific Program Supplement to this Master Agreement has been executed;
NOW, THEREFORE, lT lS HEREBY RESOLVED as follows: that the Mayor of the City of Tehachapi is herewith authorized to sign and execute the PROGRAM SUPPLEMENT
AGREEMENTTO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS, AGREEMENT NO. 09-5184F15, FOR PROJECT NO. STPL-5L84 (042), between the City of Tehachapi and Caltrans.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 5th day of December 2022.
AYES:
NOES:
ABSENT
ABSTAIN:
PHILIP SMITH, MAYOR
City of Tehachapi, California
ATTEST
TORI MARSH, CITY CLERK
City of Tehachapi, California
CITYOF
TEHACHAPI
LEGAL DEPARTMENT
I hereby certify that the foregoing resolution was duly and regularly adopted by the CityCouncilof theCityof Tehachapiata regularmeetingthereof heldon December5,2022.
TORI MARSH, CITY CLERK
City of Tehachapi, California
PROGRAM SUPPLEMENT NO. FO32
to
ADMINISTERING AGENCY.STATE AGREEMENT
Adv. Project lD
0922000052
Date: December01,2022
Location: 09-KER-0-THPI
Project Number: STPL-S1 84(042)
E.A. Number:
Locode: 5184
FOR FEDERAL.AID PROJECTS NO O9-5184F15
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 1010512016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
PROJECT LOCATION: On Valley Blvd between Beech St and Curry St TYPE OF WORK: Road Rehabilitation LENGTH: 0.0(MILES)
Esti Funds
OTHER
$24,003.
CITY OF TEHACHAP!
$0.00
By
Title
Date
Attest
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project lmplementation
Division of Local Assistance
Date
Federal Funds
$2,753.00
M240 $21,250.00 LOCAL
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
A^* u- Date u-a Accounting Officer
Program Supptement 09-5184F15-F032- ISTEA
12t1t2022
$21,2s0.00
09.KER.O.THPI
sTPL-s184(042)
1 SPECIAL COVENANTS OR REMARKS
A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid prolects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
lf no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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sTPL-5184(042)
SPECIAL COVENANTS OR REMARKS
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program lmplementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Adminlstering Agency's DBE lmplementation Agreement is incorporated by reference in this Agreement. lmplementation of the DBE lmplementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE lmplementation Agreement, the State may impose sanctions as provided for under 49 CFR Parl26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
Program Supplement 09-5184F15-F032' ISTEA Page 3 ol7
09.KER.O.THPI
sTPL-5184(042)
2 SPECIAL COVENANTS OR REMARKS
A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. lnvoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. lndirect Cost Allocation Plan/lndirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & lnvestigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/|CRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT,
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. lf the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMtNISTERING AGENCY on demand within thirty (30) days of such invoice.
Program Supplement 09-5184F15-F032- ISTEA Page 4 ol7
O9.KER.O.THPI
sTPL-5184(042)
SPECIAL COVENANTS OR REMARKS
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. l. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph.
ADMINISTERING AGENCY, ADMINISTERING AGENCY,S contrACtOrS ANd SUbCONtTACIOTS, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 09-5184F15-F032- ISTEA Page 5 ot7
09.KER.O.THPI
sTPL-s184(042)
SPECIAL COVENANTS OR REMARKS
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)l on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, l, K, and L under Section 2 of this agreement.
3. ln the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.
4. Appendix E of the Title Vl Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title Vl of the Civil Rights Act of 1964 (42 U.S.C.2000d et seq.,78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of Program Supplement 09-5184F15-F032- ISTEA Page 6 ol7
09.KER.O.THPI
sTPL-s184(042)
SPECIAL COVENANTS OR REMARKS
1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 el seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway lmprovement Act of 1982, (49 U.S.C.4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title Vl of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles ll and lll of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; l. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-lncome Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, lmproving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vl, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. a|74087 to 74100);
L. Title lX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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