HomeMy WebLinkAboutContracts & Agreements_71-2014_CCv0001.pdf FOR COUNTY USE ONLY
,,..
OAwwNew FAS Vendor Code Dept. Contract Number
i SERRfARDI Change SIC A
0 Cancel
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractor's License No.
Economic Development Agency ECD ECD
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Dena Fuentes, Director (909)387-4411
FAS Contract Type
171 avenue Encumbered El Unencumbered Other:
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
July 1,2015 June 30,2018 N/A NIA
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
SBA ECD ECD 200 2005 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
$
Fund Dept. Organization Appr, Obj/Rev Source GRC/PROJIJOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY 2015-18 FY Amount I/D FY Amount I/D
City-County Cooperation
Agreement
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of Redlands hereinafter called
Address
P.O. Box 3005
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7500
Nature of Contract:
The attached Cooperation Agreement is required by the U.S. Department of Housing and Urban Development (HUD) in order
to include the City of Redlands as a participant in the County's Community Development Block Grant (CDBG), HOME
Investment Partnership, Emergency Solutions Grant (ESG) and other HUD grant(s) programs. It allows the City's population
statistics to be included by HUD to calculate the County's grant(s) amount for each year starting in fiscal year 2015-2016 to
2017-18 and will automatically renew every three years thereafter unless revoked by either party, for so long as the County is
designated as an Urban County.
The attached Contract consists of nine pages and two exhibits.
Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature
► ► r
County Counsel Department Head
Date Date Date
Auditor-Controller/Treasurer Tax Collector Use Olnl
0 Contract Database 0 FAS
Input Date Keyed By
Page 1 of 9
COOPERATION AGREEMENT FOR
HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND PLANNING GRANTS
FOR FISCAL YEARS 2015-16, 2016-17, 2017-18 AND SUBSEQUENT AUTOMATIC RENEWALS,
UNLESS TERMINATED
This Agreement is made and entered into this day of , 2014, by and between the County
of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the City of Redlands, a
City within COUNTY, hereinafter referred to as "CITY".
WHEREAS, U.S. Department of Housing and Urban Development, hereinafter called HUD, provides
Community Development Block Grant, Catalog of Federal Domestic Assistance (CFDA) #14.218, HOME
Investment Partnership, CFDA#14.239, and Emergency Solutions Grants, CFDA#14.231, funds and other grants
directly to qualified Metropolitan Cities, and Urban Counties via their Community Planning and Development
(CPD) Division; and
WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383),
hereinafter referred to as ACT, provides that Community Development Block Grant, hereinafter referred to as
"CDBG", funds may be used for the support of activities that provide decent housing and suitable living
environments and expanded economic opportunities principally for persons of low- and moderate-income; and,
WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable
Housing Act, Title 11 of this Act created the HOME Investment Partnership Program, hereinafter called "HOME",
that provides funds to states and local governments for the purpose of increasing the number of affordable
housing opportunities for low-and moderate income families; and
WHEREAS, the Congress of the United States provides funding for the Emergency Solutions Grant
Program, hereinafter called "ESG", for the purpose of assisting individuals and families in quickly regaining
stability in permanent housing after experiencing a housing crisis or homelessness; and
WHEREAS, this Cooperation Agreement covers CDBG, HOME, ESG and other HUD entitlement grants;
and
WHEREAS, COUNTY is a qualified Urban County and hereinafter COUNTY PROGRAM will refer to the
COUNTY's CDBG, HOME, ESG and other HUD grants program as well as to the legislation and regulations that
created and funded these programs; and
WHEREAS, HUD requires Metropolitan Cities and Urban Counties to re-qualify every three (3) years in
order to receive an allocation of various grant funds from HUD; and
WHEREAS, CITY as a qualified Metropolitan City can receive funds directly from HUD; and
WHEREAS, CITY approached COUNTY requesting to become a part of COUNTY PROGRAM; and
WHEREAS, CITY and COUNTY both desire for CITY to continue to be a part of COUNTY PROGRAM so
both entities can benefit from increased efficiencies though economies of scale created by having the City's
funding allocation of these grants be added and be a part of the COUNTY PROGRAM for 2015-16, 2016-17,
2017-18 and every three(3)years thereafter; and
WHEREAS CITY and COUNTY agree that COUNTY shall be solely responsible for administering,
managing and directing COUNTY PROGRAM including but not limited to the preparation of the Consolidated Plan
that is required to be submitted to HUD in order for COUNTY to have access to COUNTY PROGRAM funds and
Revised 118/13 Page 2 of 9
as such COUNTY has final authority for selecting activities that will be funded with COUNTY PROGRAM funds
and;.
VVHERE/\S, the execution of this C00per@d0D Ag[8enn8rd, hereinafter referred to as AGREEMENT, is
OeCeGS8[y in order to 0O88t the d8SiF8S Of both CITY and COUNTY Of having CITY be a part of COUNTY
PROGRAM.
NOW THEREFORE' in CODSider8b0D of the mutual covenants herein set forth and the mutual benefits to
be derived therefrom, the parties agree 8sfollows:
1. GENERAL
This AGREEMENT gives COUNTY authority tO undertake or assist in undertaking activities starting on
JU|y1. 2015 for Fiscal Years 2015-2016. 2016-17' 2017-18. which will be funded from C(]UN-[^f
PROGRAM fUDdS, which will iDC|UdH C|TY'sfUOdiDg 3/|ncatioOS. and from any program income generated
from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake, or assist in
undertaking COn1rOUnitv n8Devv@| and affordable housing activities. This AGREEMENT Sh8|| aUtO[O@[iC8||y
[eOeVV for 8 new three (3) year-period every time COUNTY re-qualifies as an Urban {}0UDty' (which is
every three (3) years), uOd| such time as the City Council for the City OfRedlands or San Bernardino
County Board of Supervisors elects to terminate this AGREEMENT at the conclusion of the preceding
three-year term. This AGREEMENT covers all COUNTY PROGRAM funds and other associated grants
administered byHUD though its CPD Division U[ its successor.
By executing this AGREEMENT, CITY understands that it may not apply for grants under the Srna/( Cities
or State CDBG Programs from appropriations for fiscal years during the term of this AGREEMENT. and
CITY may not participate in a HC)K8E consortium other than COUNTY HOME pnogn3rn regardless of
whether COUNTY receives 8HOME formula allocation.
The purpose of the Delegate Agency Aonsennent, which accompanies this AGREEMENT (Exhibit 1). and
subsequent ATTACHMENTS, ietoenable CITY toimplement projects 8ndOrpnognyrnofundedvvithCDBG
funds @Sdescribed inSECTION 14.
2. TERM
The term ofthis AGREEMENT Sh8/| be for fiscal years 2015-19. 2818-17. 2017-18 and shall commence
as of July 1^ 2015. This AGREEMENT will SUbSHqU8DUy 8UtODl8UC@||y renew when COUNTY re-qualifies
as an Urban County for the next three (3) year period and therefore @ new three (3) year term of this
AGREEMENT will begin 8tthat time. The first Ofthese automatic three (3) year term renewals will occur 8t
the beginning Qffiscal year 2O18-2O18 (July 1, 2O18) and every three (3) years thereafter unless 8Oearlier
date Oftermination i8fixed byHUD pursuant toCOUNTY PROGRAM oruntil such time @sthe City Council
for the City Of Redlands Or San Bernardino County Board Of Supervisors elects to ie[DliO3te this
AGREEMENT at the CQDC|UsiOO Of @ 3-year t8[Dl. This AGREEMENT shall remain in effect until all
COUNTY F^RC]GRA&4 grant funds covered under the terms Of this AGREEMENT, and any pnOg[GFn
iUCO0e generated from the expenditure Of such funds, are expended, and the funded aCUviU88 are
completed. This AGREEMENT may not be terminated or withdrawn by the parties for any circumstance or
reason during the term O4this AGREEMENl-
|n order for the automatic @tiC reD8wa| p[OVisiODS of this AGREEMENT tO be approved, HUD Dland8L88 that this
AGREEMENT includes @ stipulation that requires CITY and COUNTY tOadopt any @OleOd08Ot/S\ necessary
to meet the requirements for C0Ope[3UOD agreements set forth in an Urban County Qualification Notice
applicable for subsequent three-year urban county qualification period, and to submit such amendment to
HUD as provided in the i][baD County (]Ua||fiC8bOn Notice and that such failure to comply will void the
automatic renewal for such qualification period.
Revised 1/8/13 Page 3of9
|Daddition, aspart of the Urban County re-qualification process the COUNTY goes though every three (3)
years, COUNTY will notify CITY, via 3 letter, that CITY has the ability h}terminate this AGREEMENT and not
be included as part of the sVbD7i8SiOO by COUNTY to HiJO for re-qualifying as an Urban County for the
subsequent three (3) year qualification period. CITY agrees to send a timely response letter to COUNTY
Gt8bDg its iD1g[ti0n8 to either CQnbOU8 to be @ part the COUNTY PROGRAM Or UD elect to {erDliD@t8 this
AGREEMENT and not be 8 part of the C{}UNTY'G upcoming SUbrUiSGiOO to HUD hO re-qualify as an Urban
County for the subsequent three (3) year period.
The COUNTY will submit to HUD the |et[S[ notifying CITY of its ability to terminate this AGREEMENT as well
aSthe {||TY'8response letter. COUNTY will also submit k] HUD awritten legal opinion provided byCOUNTY
COVOSe| stating that the terms and provisions coDUOU8 to be authorized under state and |VC8) law and that
the AGREEMENT COrkiOU85 to provide full |8g@| authority for COUNTY.
The COUNTY and the CITY have both adopted 8 [eS0|UtiOD (Exhibit 2\ approving the CITY being a part of
the COUNTY Urban CDUDiy pP3g[8Dl; the R}SO|UU0n will be 88Dt to HUD along with this AGREEMENT
immediately after AGREEMENT has been approved as well as VVh8ngme[ the COUNTY re-qualifies as an
Urban County.
3. PREPARATION OF APPLICATION
COUNTY, by and through its EcODO[DiC Development Agency (EDA), subject to Gpp[oV@| of the COUNTY
Board of Supervisors, shall be responsible for preparing and 8UbpOi[dOg to HUD all necessary applications
for the COUNTY PROGRAM entitlement grants. This duty shall include the preparation and processing of
COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen
Participation P|GD8. the COUOh/ CODSO|id8t8d Plan, and other related items associated with COUNTY
PF{[)GRAK8 grants which satisfy its associated application requirements and regulations. All documents
will iDC|Ud8 information provided by CITY.
4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS
COUNTY and CITY shall C000p|y in all respects with final Community Development plans and pnDQn3D0S
and the Consolidated P|8O which are developed through ODUtU8| C0Ope[8tiOD pursuant to the 8pp|iC8bOO
requirements of COUNTY PROGRAM and their regulations and approved by HUD.
5. COMPLIANCE WITH LEGISLATION AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of COUNTY PROGRAM and associated
regU|8bOOS, in utilizing grant funds under legislation that created and gOm3Ol these grants, and ShG|{ take
all 8diOOS necessary to 8GSUr8 CD0p|i@DCe with COUNTY certifications required by Section 104(b) of Title
| 0fACT, 8Samended regarding the provisions Ofthe National Environmental Policy Act Of1888. Title V| of
the Civil Rights Act Of 1984. Title V||| of the Civil Rights Act Vf 1968, EX8CLdiwe Order 11988, Section 109
Of l[idR | of ACT which incorporates SB[1iOO 504 Of the Rehabilitation Act Of 1973 and the Age
[)isCh[DiD@tiOO Act of 1975' the Fair Housing AC[ and affirmatively furthering fair housing and other
applicable federal |@N0. CITY 8gn8e8 that [|DBG and HOME funding for activities in or in support Of CITY
are prohibited if CITY does not 8Mi[[D8bV8|y further fair housing within its 0xxn 'uhSdiCbQD or impedes
COUNTY actions to comply with its fair housing certification. CITY may be required to demonstrate hOvv it
CO0p|ieG with the fair housing requirement. To eRGU[8 compliance with applicable n8gU|adOVS, CITY
8gPBeS to adhere to the [}8|eg8ie Agency Agreement which is Exhibit 1 Of this AGREEMENT and the
accompanying Attachments.
In order for COUNTY to avoid the risk of losing CDBG funds as a result of CITY not spending CITY CDBG
funds in a timely manner @s required by the ACT. COUNTY and CITY both agree that COUNTY has the
authority to transfer CITY C[}BG funds to aOyCDBG-S|igibiG project/program at CC)UNTY''s G0|e discretion
Revised 1/8/13 Page 4uf8
if CITY is not spending its CDBG funds in a timely manner. Prior to transferring CITY CDBG funds,
COUNTY will notify CITY in writing that QTY is at risk of not meeting this bOl81iOeSS [eqUiP8O08Di and
therefore COUNTY will transfer CITY CDBG funds if timeliness is not met. As referred to in SECTION 10
[}|8P{]S|T|ON OF FUNDS, CITY and COUNTY both agree that CITY CC>BGfunds will be spGDt, in the
greatest extent feasible in8manner CITY desires but COUNTY shall have the final and sole decision @s to
how CITY CDBGfunds are spent.
Furthermore, CITY hereby covenants by and for itSe|f, its successors and @8SigOS, and all p8[GODs claiming
under or through it that there Sh8U be DO diSC[imiO8|i0D against Or segregation of any pemGOD or group Of
persons OO account Of race, CO|0[, [8||giOD' S8x. Dl8riia| StaiUS, fBOni|i3| status, disability, O@bOO@| origin, or
ancestry iDthe sale, lease, sublease, transfer, use, occupancy, tenure, Orenjoyment of3nyp jeCtfUDd8dby
HC]K8E or C[>BG funds, nor shall CITY itself or any p6nSOO claiming under Orthrough it, establish or pHrrDb
any Such practice or practices of disc[iQliO8UOD or SBgnBg8tiOO with reference to the s8|HCtiOO, |oC3[iOD'
number, Use o[occupancy Uftenants, |8sSeeS. subtenants, SUb|HSGeSS. O[V8Odees in any project fuRdQd as
a result of this AGREEMENT.
The CITY shall refrain from restricting the neOt8|' S8|8 Or lease Of any project funded as a [8sV|t Of this
Agreement on the basis of race, C0|O[' CPe8d, P3|igiOD. SeX` [D8rii8| St8[US' faOliUal status, disability, DGti0O8|
Origin or ancestry of any person.
0. CONFLICT OF INTEREST
CITY Sh@(| comply with all applicable federal and state |8vvs, regulations and policies governing conflict of
iOie[9SL, including State conflict Of interest nBgU|8d0Os found in California GOv8NDrDeDt {|Od8 SBCtiODS
1090. 1128, 87100et88q.. Federal conflict Ofinterest regulations found in 24CFR 57O.811' 85.28, and
84.42. and any other applicable policies, rules and regulations related to conflict mfinterest.
Any person who is an en0p|Oy8e' agent, consultant, officer, 8|8Cked or appointed official of the C|TY, who
exercises any functions or responsibilities with respect to COUNTY PROGRAM funded activities identified
in this AGREEMENT and who is in @ position to participate in a decision-making process or gain inside
iDfO[0adoD with regard to activities identified in this AGREEMENT, may not obtain 8 hD8Dcig| interest Or
benefit from the COUNTY PROGRAM assisted activities identified in this AGREEMENT or any related
Gg[8enl8nt. subcontract, or CVOtraCL either for themselves, an iDlrn8diQhe family Q08O8be[ Or bUSiDeSS
p@rtOer, during his/her tenure. CITY Sh8U maintain written standards Of conduct governing the
performance Ofits employees engaged iDthe award and administration Ofcontracts.
7. POLICIES
CITY has adopted and is enforcing 8 policy prohibiting the use 0fexcessive force by |@VV eDfOrCHrDeD[
agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and 8 policy Ofenforcing applicable state and |OCa| laws against physically barring entrance to Orexit from
@ facility O[ location which is the subject Qfsuch OOD-ViO|8Dt civil rights demonstrations within jurisdictions.
8. INDEMNIFICATION
CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers,
employees, agents and VO|UOtee[S from any and all claims, actions, |OSseG. darO@08S. @Od/O[ liability
arising out of this AGREEMENT, resulting from the negligent 8C[S. e[R}[s or orni88iODS of the CITY, its
authorized QffiDemS. employees, agents Or volunteers, including, but not limited to, such liability, claims,
|UsS8s. demands, and actions incurred by COUNTY as 8 FeSU|t Of the determination by HUD or its
successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations
Or pO||CieG applicable thereto or that any funds billed by and disbursed to CITY under this AGREEMENT
were improperly expended.
Revised 1/8/13 Page 5nf9
COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and
eD1p|Qye8g. from any and all C|8iDlS, 8CfU8| k]S8eS' damages and or liability that may n8Su|t from the
negligent 8{tS, errors or 00iSGiVOS Of the COUNTY, its 8U[hUhz8d officers, employees, agents, or
volunteers.
8.
The CITY and the COUNTY are authorized self-insured public eDddeS for purposes of general liability,
8UO3mOObi|e liability, professional liability and vVO[ke[S' COOlpeOS@tiOn. CITY and COUNTY vv@rr@Dt that
through their respective programs 0fS9if-iO5Ur8nce, they have adequate coverage Drresources LOprotect
against any liabilities arising out of their performance regarding the terms and conditions Of this
AGREEMENT
1O� DISPOSITION OF FUNDS
UD|e88 prohibited by Federal RHgU|@hOnS, COUNTY and CITY agree that, to the greatest e;deO[ feasible,
C[3BG funds will be allocated by COUNTY to CITY out of the funds received pursuant to ACT` according
to its pn]pO[iiOO@| demographics, for activities @Dd/O[ projects prioritized by CITY to alleviate its identified
CODlrDUOi|v development needs eligible under ACT. C[}iJNTY, though its Board of Supervisors, Sh@U be
nBGpODSib|e for determining the final diSpOGiUOD and distribution of all funds ngQ8ivgd by COUNTY under
ACT and Other related grants and for selecting the projects for which such funds shall be used. Both
parties agree that COUNTY has the authorization to redistribute such funds when said projects are not
implemented in a timely manner 8S described in SECTION 5, COMPLIANCE WITH LEGISLATION AND
REGULATIONS.
H[)K8E funds will be allocated by COUNTY to Developer(s) based On 8 competitive Notice of Funding
Available process to address affordable housing needs by funding activities that are eligible under HOME
regulations and C{jU0TY, by its Board of SupHn/iGnrs, shall be responsible for determining the Dn@|
disposition and distribution of all funds received by COUNTY under the HOME program 88 well as the
other COUNTY PROGRAM funds and for selecting the projects forwhiChSuchfundmsho|| b8used.
COUNTY shall be compensated for administering COUNTY PROGRAM and other related grants by
Ub|iZiDQ allowable planning and administrative fe8(S) and a project implementation fee.
11. DISPOSITION OF PROGRAM INCOME
CITY shall inform COUNTY regarding any iDC0[Oe generated by the expenditure of COUNTY PF({}GRAK8
funds received by CITY. All said iOCVO0e, even if it is nS08iv8d after this AGREEMENT has expi[8d, shall
promptly be paid 1oCOUNTY. COUNTY shall be responsible for monitoring and reporting to HUD ODthe
Use Ofany such program iDCV08; CITY is required to keep appropriate records and provide reports to
COUNTY regarding prOA[8Dl iDCOroe. In the event 8fCOUNTY PROGRAM funds close-out O[ change in
status of CITY under COUNTY PROGRAM funds, any pnOgF8nl iDCODle that is on hand Or n3CeiY8d
subsequent to the close-out or change in status shall be paid to COUNTY. Any iODO[Oe generated from
the disposition Qrtransfer Of real property prior to any such dOGe-QUt Or change of status shall be treated
the same as program iDCODle. Any iOCO[De generated from the disposition o[ transfer 0f [88| property
subsequent hDany such close-out orchange Ofstatus shall promptly bepaid tOCOUNTY.
12. DISPOSITION OF REAL PROPERTY
This section sets forth the standards which shall apply to real property acquired or improved in VVhO|8 or in
part using C[JE\G and H{)K8E funds that are allocated to (within the CODtrV| of) CITY. Prior to any
modification or change in the use of said real property from the use or ownership planned at the time of its
acquisition or improvements, CITY shall notify COUNTY and Obt@|D 8UthOhz@bOO for said DlOdifiC@hOO OF
change. CITY shall reimburse COUNTY with CDBG andnon-HOME funds in an amount equal to the
Revised 1/8/13 Page Gof9
current fair market value (less any portion thereof attributable to expenditures of non-CDBG or non-HOME
funds) Of property acquired or improved with C[)BG Or H{}K8E funds that is sold or transferred for use,
which does not qualify under C[)BGand HOME regulations.
11 EFFECTIVE DATES
This AGREEMENT shall be effective initially for all purposes for the period beginning July 1. 2015 and
ending June 30' 2018. Thereafter, CO00eDciDg July 1' 2018. this AGREEMENT will automatically renew
for three-year periods every three (3) years, when the COUNTY re-qualifies as an Urban County, until
such time as the CITY Or COUNTY elects to terminate the AGREEMENT at the CODdUsiOD Of the
preceding term. This AGREEMENT will be executed by COUNTY and C|TY, properly submitted to HUD,
the grantor, bythe designated deadline, and approved byHUD.
14. OTHER AGREEMENTS
FoU[Gu@Ot to federal P8gU|8tiOOs at 24 CFR 570.501(b)' CITY is subject to the same requirements
applicable to SUbnBCipieDtS' including the requirement Of 8 written 8gnB8D0eOt Set forth in federal
regulations at 24 CFR 570.503 and Other related regulations. COUNTY and CITY as part of this
AGREEMENT are also entering into 8 Delegate Ao8OCy Agreement (which is Exhibit 1 of this
AGREEMENT) and accompanying ATTACHW1ENT-S, for the purpose of having CITY implement COBG-
fUDd8dprojects @ndOrprOgr8mnG. C(]UNTY@OdC|TYh0th@gF8eitVV0U|dbeOlO[e8ffeCtiVe8Dd efficient if
CITY implements projects 8ndOrpn}gr@nnSfund8dvvithC|TYCOBGfundg. The purpose and intent Vfthe
Delegate Agency Agreement iStocreate amechanism whereby COUNTY delegates its authority, under its
Urban County agreement with HUD to CITY, thereby enabling CITY to innp|mrnen1 projects and programs
funded with CITY C[]BG funds while the COUNTY ensures all associated rules and regulations are
followed. Prior to disbursing any CDBG funds to C|TY. C}C}UNTY, ehmU execute and adhere to the
Delegate Agency Agreement and related documents with CITY. Said agreement shall remain in effect
during any period that CITY has control over CDBG funds, including program income.
The Delegate Agency Agreement p[OVid8S 8 detailed 8CCOUDt of the policies and procedures OD hOVV a
project is officially assigned by COUNTY to the CITY for i00p|8DleOt8tiOO and the steps that D8Dd to be
completed byboth CITY and COUNTY (above and beyond the approval of this AGREEMENT) prior to any
obligation Or expenditure Of funds whereby the CITY will seek [RinnbU[Senlent from COUNTY. Any
0b|iqUUOO and or expenditure [Dade byCITY without the expressed written @ppnDV@| by COUNTY may
result in CITY not being Gb|8 to VU|iz8 (|DBG funds.
15. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA)
Use of ARRA Funds and Requirements
This AGREEMENT may be funded in VVhO|e or in part with funds provided bvthe American Recovery and
Reinvestment Act Of 2003 ("ARRA"), signed into |avv OD February 17' 3008. Section 1005 Of ARRA
prohibits the use 0frecovery funds for project for the COnstrUCU0n' @|[8r8tioO' 0@iO03O@DC8 Or repair of
public building or public work (both as defined in 2 CFR 176.140\ UO|esS all of the iron, steel and
manufactured goods (as defined iD2CFR 170.14O) used iDthe project are produced iOthe United States.
Awaiver is aV3U@b|S under three limited CirCUrnsb]OceS: /i\ |n0n' steel Orrelevant manufactured goods are
not produced in the United States in SUf7iC|eOt and [e8SOO8b|e quantities and of satisfactory quality; (ii)
|nc|V8iOO of iron, steel or manufactured Q0OdS pmOdUC8d in the United States will increase the cost of the
Qme[@|| project by more than 25 percent; or (iii) Applying the domestic preference VVOu|d be iOCOD5ist0Ot
with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver DlUSt
bemade tOthe County for aOappropriate determination.
Revised 1/8/13 Page 7ofS
SeCd0O 1600 of ARRA requires that |8bOr8rG and rD8Ch8niCS employed by contractors and subcontractors
OO projects funded dh*ytk/ bvOrassisted in VVhO|8 OF in part by and through the Federal Government
pursuant to ARRA shall be paid vV8ge8 at rates not |eSS than those prevailing QO projects of Ch8n3Ct8[
similar iDthe locality @Sdetermined bythe Secretary ofLabor iOaccordance with the Davis-Bacon Act (4O
U.S.C. 31). This i8referred to@8the "wage rate" requirement.
The above described pn3viSiOOS constitute DObCe under ARRA of the Buy American and wage [@t8
requirements. Contractor rnU5i CQDt8Ct the COVOtv contact if it has any questions n9g8njiOg the
applicability Or i0Op|enlgOt8dOO Of the ARRA Buy American and vv8Qe rate requirements. Contractor will
also be required to provide detailed information regarding COnOp|i@OC8 with the Buy A[08[iC8D
rHqUi[HDleOtS, expenditure Of funds and vv@g8S paid to employees so that the County may fulfill any
reporting requirements it has under ARRA. The information may be required as frequently as monthly or
quarterly, Contractor agrees to fully cooperate in providing information or documents as requested by the
COUDiy pursuant to this provision. Failure to do s0 will be deemed 8 default and may result in the
withholding Ofpayments and termination Ofthis Contract.
CQOt[8CtO[ may also be required to register in the Central C0Oir@CtO[ Registration /C(}R\ database at
and may be required to have its SUbC0ntF8CtOrS also register in the same database.
COD[r8C[O[ must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in ^UG8 of ARRA Funds and Requirements," proper accounting
and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify
the expenditures for each grant @VV@rd hJDd8d under ARRA on the 8ChedU|8 of Expenditures of Federal
Awards (SEFA) and the Data Collection Form (8F-8/\C) required by the Office of Management and
Budget Circular A-133. "Audits of States, Local G0mernrn8nt8, and Nonprofit Organizations." This
identification onthe SEFA and SF-SAC shall include the Federal award numnbar, the Catalog of Federal
Domestic Assistance /CFDA\ number, and amount such that separate accountability and disclosure is
provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA
Section 1512 (c).
In addition, Contractor agrees to Sep8[8t8|y identify to each subcontractor and document 8ithe time Of
sub-contract and at the time of disbursement of funds, the Federal @VV8rd DUO0ber. any special CFDA
number assigned for ARRA purposes, and amount QfARRA funds.
Contractor may berequired tDprovide detailed information regarding expenditures 8Othat the County may
fulfill any reporting requirements under ARRA described in this GeCtiOn. The information may be required
8Gfrequently @smonthly Orquarterly. Contractor agrees tOfully cooperate in providing iOfOr08dQO or
dOCU[DeOts as requested by the COUDtv pursuant to this pnOViGiOD. Failure to do so will be deemed 2
default and may result iOthe withholding ofpayments and termination ofthis Contract.
�
�
�
H
�
Revised 1/8/13 Page 8of9
Whistleblower Protection
Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which
prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging,
demoting or otherwise discriminating against an employee for disclosures by the employee that the
employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA
funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety
related to the implementation or use of ARRA funds; (4) an abuse of authority related to the
implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA
funds.
Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to
employees under Section 1553 of Division A, Title XV of the ARRA.
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
-7)
►
By No. VAI
Janice Rutherford, Chair, Board of Supervisors (Authorized Signal re-sign in blue ink)
Dated: Name: Pete Aquilar
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title: Mayor
CHAIRMAN OF THE BOARD (Print or Type)
Laura H. Welch Dated:
A
Clerk of the Board of Supervisors ATTEST
of the County of San Bernardino
Sam fr_win�, dity Clerk
By Address P.O. Box 3005, Redlands CA 92373
Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
1111- 0- 1111.
County Counsel Department Head
Date Date Date
Revised 1/8/13 Page 9 of 9
Exhibit 1of 1
New FAS Vendor Code Dept. Contract Number
SC A
N ARDI F1 Change
Cancel
ePro Vendor Number ePro Contract Number
County Department Dept, Orgn. Contractor's License No.
Economic Development Agency ECD ECD
County Department Contract Representative Telephone Total.Contract Amount
County of San Bernardino Dena Fuentes, Director (909)387-4411
FAS Contract Type
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
July 1,2015 June 30,2018 N/A N/A
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
SBA ECD ECD 200 2005 $
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOI3 No. Amount
Fund Dept. Organization Appr. Obj/Rev Source JGRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
2015-2018 CDBG City/County FY Amount I/D FY Amount I/D
Delegate Agency Agreement—
Contract Type 2(b)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called the County, and
Name
City ofRedlands hereinafter called
xuueas
P.O. Box 30O5
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
Nature mfContract:
In compliance with the requirements of Title | of the Housing and Community Development Act of 1974. as amended, the Count/executed a
Cooperation Agreement with the City of Redlands enabling the City to be a part of the County of San Bernardino's"Urban County"application to
the federal Department ofHousing and Urban Development(HUD)through mutual cooperation to undertake orassist in undertaking essential
community development and housing activities, Pursuant to Section 14 of the Cooperation Agreement,this Delegate Agency Agreement and its
attachments are set forth to further implement the provisions of the Cooperation Agreement. They specify the pnncedur*a, sequenoos,
responsibilities and forms tobeused 10 carry out CD8G activities according 0o |ono|, state and federal requirements. The Delegate Agency
Agreement is specifically subordinate and supplementary to and runs concurrent with the Cooperation Agreement,
The attached Contract consists uf12pages and four attachments.
Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature
110. 1101 00
County Counsel Department Head
Date | Date | Date
A uditor-ControllerlTreasurer Tax Collector Use Only
F— 11 Contract Database 0 FAS
input Date Keyed By
Page 1oy12
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years 2015-16, 2016-17, 2017-18 and SUBSEQUENT AUTOMATIC RENEWALS
UNLESS TERMINATED
This Agreement accompanies the Cooperation Agreement, herein after referred to as AGREEMENT,
made and entered into, by and between the County of San Bernardino a political subdivision of the State of
California, referred to as "COUNTY", and the City of Redlands, a municipal corporation located within the
boundaries of San Bernardino County, referred to as "CITY".
WITNESSETH
WHEREAS, COUNTY has been designated an "Urban County" by the United States Department of
Housing and Urban Development, hereinafter referred to as "HUD", as that term is defined in Title I of the
Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT"; and
Whereas, COUNTY will administer a Community Development Block Grant (CDBG) program (CFDA No.
14.218) that includes the development of a Consolidated Submission of the HUD Housing and Community
Development Grant programs, hereinafter referred to as "CONSOLIDATED PLAN", which constitutes
COUNTY's application for federal assistance under said ACT; and,
WHEREAS, CITY and COUNTY have entered into a Cooperation Agreement so as to enable CITY to
be a part of COUNTY's CDBG program, commencing with Fiscal Years 2015-16, 2016-17, 2017-18 and set to
automatically renew for three (3) year periods while the COUNTY is designated as an Urban County, to which
this Delegate Agency Agreement is subordinate and supplementary agreement per SECTION 14 of
Cooperation Agreement; and
WHEREAS, COUNTY administers a CDBG program for a number of cooperating cities, and in the
unincorporated areas of San Bernardino County, through its Economic Development Agency, hereinafter
referred to as "EDA"; and,
WHEREAS, CITY has the ability, expertise and resources to manage and administer CDBG-funded
projects/programs and agrees to adhere to all rules, regulations and related requirements associated with the
utilization of CDBG funds; and,
WHEREAS, CITY desires to assume the responsibility of project implementation within its corporate
limits in cooperation with COUNTY; and,
WHEREAS, both COUNTY and CITY seek to coordinate their community development and
neighborhood revitalization efforts in order to fully utilize all available resources while increasing efficiencies
though economies of scale associated with the planning and administration of a large scale CDBG program;
and
NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows:
1. PURPOSE
This Delegate Agency Agreement, which is Exhibit 1 to the Cooperation AGREEMENT, is made
pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the
State of California (commencing with Section 6500), relating to public agencies. The purpose of this
Delegate Agency Agreement is to enable CITY to implement CITY-CDBG funded projects or programs
while adhering to the provisions of the Cooperation AGREEMENT in carrying out CDBG activities that
have been approved by COUNTY for CITY in accordance with the CONSOLIDATED PLAN.
Revised 118/13 Page 2 of 12
The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other
federal, state and county laws and policies in the manner hereinafter set forth. This Delegate Agency
Agreement is not a stand alone agreement and is only valid as a component of the Cooperation
AGREEMENT; whereas the Cooperation AGREEMENT is a stand alone agreement and will be valid
even if this Delegate Agency Agreement no longer exists. In absence of this Delegate Agency
Agreement the CITY would not be able to implement any CDBG-funded projects or programs; however
the COUNTY would still be able to implement CITY or COUNTY CDBG-funded projects and or
programs as authorized under the Cooperation AGREEMENT.
Unless specified otherwise, EDA shall have the authority to represent COUNTY regarding the terms
and conditions of this Agreement and the administration thereof.
2. TERM
This Delegate Agency Agreement shall become initially effective starting Fiscal Years 2015-2016,
2016-17, 2017-18, beginning on July 1, 2015 and ending June 30, 2018. Thereafter, commencing July
1, 2018 this Delegate Agency Agreement, as part of the Cooperation AGREEMENT will automatically
renew for three (3) year periods, when the COUNTY re-qualifies as an Urban County, until such time
as the City of Redlands or County of San Bernardino elects to terminate at the conclusion of a 3-year
term. Even though this Delegate Agency Agreement does not stand alone, in order to complete the
construction of a previously funded project(s) it may be extend beyond the conclusion of a 3-year term.
COUNTY, though its Chief Executive Officer or EDA Administrator may grant an extension of up to six
months to the term of this Delegate Agency Agreement for the purpose of completing CITY's
projects/activities that are underway and which can not be completed during the term of this
AGREEMENT. CITY must request any such extension in writing. Any extension will only be effective if
granted in writing by COUNTY. Maintenance and operation and monitoring requirements for facilities
developed under the terms of this Delegate Agency Agreement, as described in SECTION 9
MAINTENANCE AND OPERATION OF FACILITIES and SECTION 15 MONITORING, shall be in
effect and continue in full force as prescribed in SECTION 2 TERM of the Cooperation AGREEMENT
and continue even if AGREEMENT is terminated or has expired.
3. AUTHORIZATION OF PROJECT/ACTIVITY
CITY shall not initiate nor incur expenses for any CDBG-funded project or activity covered under the
terms of this Delegate Agency Agreement prior to receiving written authorization from COUNTY.
Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity)
and B (Project or Activity Description) to this Delegate Agency Agreement have been completed for a
CDBG-funded project or activity and signed by CITY and countersigned by EDA. Any such authorized
Project or Activity shall hereinafter be referred to as an "AUTHORIZED PROJECT".
4. IMPLEMENTATION OF AUTHORIZED PROJECT
CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate
Agency Coordination Procedures (Attachment C), using the forms and language contained in the
Delegate Agency Construction Contract Provisions (Attachment D), and agrees to comply with all
applicable local county, state and federal regulations associated with the implementation of CDBG
projects and with AGREEMENT.
CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its
executed Attachments A and B provided that contracts are submitted to and approved in writing by
EDA prior to their execution. CITY Attorney is responsible for assuring and certifying that the
AUTHORIZED PROJECT undertaken by CITY's contracting party complies with all applicable
regulations and statutes, as amended, listed in Attachment C, the Delegate Agency Construction
Contract, Section IV.
Revised 1/8/13 Page 3 of 12
5. MODIFICATION OF AUTHORIZED PROJECTS
All modifications to AUTHORIZED PROJECT rDUSt be pre-approved by COUNTY in order to be
considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. CITY may
n8qUeSi 0OdMOCGbQn(S) to CDE{G hJDd|Og levels authorized byAttachment Aorthe pertinent Project
08sCripb0R (i.e. Scope of Activity) authorized by Attachment B. Upon receipt of written request from
CITY, and approval byCOUNTY, COUNTY will revise Attachments /\ and B.
6. CONSOLIDATED PLAN AMENDMENT
Requests by CITY to add. delete Or SUbGi8Db@||y modify an activity listed in CC}yJGOL|[)ATEO PLAN
must be made in writing to {}(]UN-[Y. Requests to add new aCbVih(i8s) must be 8CCO[Dp8Died by
CDBG project proposal application.
8Ubst8DU8| r8UdifiC8UOnS are defined as fOi|OVVS: 1\ GO increase in funding for CDBG public service-
type activity in an amount greater than $50,000 over the current funded 8mnQUOt; or 2) an increase in
the funding for other activities (public facility i0p[OVe08Dts^ code enforcement, 8CqUiSiti0D, etc.) in an
@mOUDt greater than $400.000 over the current funded amount; Or 3) A new activity not previously
listed and dBSChb8d in the COn8O|id8L8d P|3DA\ODU8| Action Plan; 0r4) 8 change iOthe type Vfactivity;
0r5\ a change in the location of the activity; or 6) a change in the beneficiaries of the activity.
Requests for additions and SUbsi8Oii8| nlOdiDC8UOnS will be reviewed byCOUNTY for eligibility and
compatibility with {}C3NS{}L|DATE[J PLAN. Additions, de|HdODG and substantial rnOdifiC8UODS must be
approved by CITY COUOCi| 8C[iOD and supportive dOCU08Dt8d8D for Said action rDUSt be sent to
COUNTY. CITY shall COnOp{y with the requirements Of and participate in the inmp|erOeDi8tiOD of the
citizen participation portion OfCONSOLIDATED PLAN.
7. COUNTY RESPONSIBILITIES
COUNTY, through EDA, iSempowered 0oenforce all federal regulations pertaining k] C[}BG-funded
projects undertaken by CITY under AGREEMENT. CITY recognizes that COUNTY, as the formal
grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program
and has full authority in administering and 8||OC81iOg funds. CITY will have no direct responsibilities Or
obligations to HU[]' except as identified, under AGREEMENT. COUNTY will provide technical
assistance to CITY in a timely and expeditious manner upon written request to EDA Administrator.
8. CONFORMANCE TO COUNTY PROCEDURES
Under this Delegate Agency AorRH[n8Dt^ CITY elects to be [8SpUDSib|e for implementing CDAG-
fUOd8d projects. HOVVeV8r' in i[Dp|erDeOLiDg said projects, CITY must perform all services and activities
in accordance with federal and state statutory requirements and with the policies and procedures
established by the Board of Supervisors, and shall comply with the following:
X COMMUNITY DEVELOPMENT ADMINISTRATOR
Upon COUNTY and C|TY'G 0UbJ8! assent to this Delegate Agency AmreerOent, CITY will
designate a "Co[DDOUDitv Development Administrator" by filling in the O@rDe of said person in the
space provided below. The Community Development Administrator iSthe responsible authority
for all COrrSSpODdeOC8 with COUNTY. and is the signatory on AUTHORIZED PROJECT
Attachments and B and shall advise the CITY Council, CITY administration and CITY staff, as
appropriate regarding the C[]BG program. CITY may, by written notification as set forth below,
change the Community Development Administrator.
Revised 10/13 Pane4 of 12
CITY's Community Development Administrator for this Delegate Agency Agreement is
N. Enrique Martinez TITLE: City Manager
B. FISCAL CONTACT PERSON
For purposes of this Delegate Agency Agreement, CITY shall also designate a fiscal contact
person by filling in the space provided below. The fiscal contact person shall be responsible for
billing and fiscal procedures regarding the CDBG program and will serve as the primary contact
for technical fiscal matters. CITY may, by written notification as set forth below, change the
fiscal contact person.
CITY Fiscal Contact person for this Delegate Agency Agreement is
N. Enrique Martinez —, TITLE: City Manager
C. CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG
funds which come under its control in such manner as to permit the reports required by
COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final
expenditure. CITY will submit to EDA complete and detailed project descriptions, budgets, and
expenses for each project that CITY implements with CDBG funds along with monthly reports
of grant expenditures.
9. MAINTENANCE AND OPERATION OF FACILITIES
CITY shall provide maintenance and operation for the life of any and all facilities constructed with
CDBG funds under AGREEMENT that are CITY owned or operated, for the life of the facility, not less
than 10 years. This Section shall survive the termination of this Delegate Agency Agreement and or
AGREEMENT.
10. FUNDING LIMITS
CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated to CITY as listed in the
Attachment A(Request to Initiate Project or Activity).
11. DISBURSEMENT OF FUNDS
All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the federal
government by COUNTY under ACT. EDA will disburse the funds to CITY on a cost reimbursement
basis. Billing shall be accompanied by all pertinent source documentation to be presented to EDA by
CITY on or about the first day of each month, allowing 30 days for payment on the part of EDA.
COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs
(including, but not limited to, salaries, benefits, mileage, actual cost of materials, meals and other
authorized expenses allowable under the Travel Code Section 13.0638 County of San Bernardino)
incurred by COUNTY in implementing CITY's AUTHORIZED PROJECTS.
12. WITHHOLDING OF FUNDS
COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY's
Contractor, or CITY's subcontractor upon giving written notice to CITY indicating that COUNTY has
determined that CITY has not performed its obligations as stated in this Delegate Agency Agreement
and or Cooperation AGREEMENT in a satisfactory or timely manner consistent with federal regulations
or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s) to
Revised 1/8/13 Paae 5 of 12
C[TY's performance. CITY shall then have a nn8XOlU[D of ten (10) days in which to remedy said
deficiencies. Should Said deficiencies DOL be remedied within the above mentioned ten (10) day
period, COUNTY shall have fU|| authority to reG||OC8t8 CITY'S CDBG program funding to any other
eligible activit (ies)' which can be implemented Or to @S8UrDS 80|e responsibility for carrying out any
and/or all AUTHORIZED PROJECTS, UpOD VV[itt8O DOtiC6 to CITY. [JpVO such notice, CITY agrees to
cease all activity provided hereunder, aSspecified 1Dsaid notice.
13. PROGRAM INCOME
Program iDcOD08 represents net iDQ}0e directly generated from the use UfCDBGfunds byCITY 8G B
[85U|[ of the activity funded under the terms of AGREEMENT. When such iOCOrOe is generated by an
activity only partially assisted with CDBG h|Ods, the income shall be pPD[8t8d to reflect the percentage
Of CDBG funds used. CITY shall return pmUg[aDO income to COUNTY even if it is received after this
AGREEMENT has expired. COUNTY Gh@|| have fU|i authority to rea||OC31e pnDg[@00 income funding to
any other eligible @CtiVit«(ieG), which can be implemented in 3 satisfactory Ortimely manner CODSiStOOt
with federal regU|8UODs or policy. PnOOn30 iD:00e 8h@U be returned to COUNTY within 30 days after:
H\ diSpOGiU0O orsale Ofreal or personal property occurs or; b) CUrnU|@tiVg pnOg[aN0 i000One reaches
increments of $1,000; Or C\ the end of each fiSC8| year. CITY Gh8|| include in the reports mBqUiPBd by
Section 14, PROGRAM REPORTING AND RETENTION OF RECORDG, all sources and amounts of
pnUgr8nO income on 8 monthly and year-to-date basiS.
Program income returned by COUNTY to CITY will be Spent by CITY on only those costs authorized
under this Delegate Agency Agreement. All provisions VfAGREEMENT shall apply to said use of
program income funds. CITY shall account for the receipt and use of program income in such 8vvay
that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent.
Any program income on-hand when this AGREEEMENT expires or is received after such expiration will
be paid to COUNTY within thirty(30) days.
14. PROGRAM REPORTING AND RETENTION OF RECORDS
CITY agrees to prepare and submit fin@nCig|, prVQnano pn]gn9SS. and Other reports as required by HU[)
or COUNTY directives. CITY ShG|| maintain such pn}gn3rn, pr0perty, personnel, financia|. statistical
and other r8cords, supporting documents, and accounts as are considered necessary by HUD or
COUNTY to assure proper accounting for all AGREEMENT funds, Said naoovds. documents and
8cCoUOt8 are to be retained by CITY for 8 Dlini[nurn of five years. The retention period starts from the
date the COUNTY submits its 8OOU8| p8rfO[08DCG and eVa|U8UOD report, as prescribed in 24 CFR
91.520, in which the service under the terms of this AGREEMENT is reported On for the final time.
Said C[}i]yJTly SUbOOisQiOD will h]||VVV C|TY`s final submission to COUNTY Of reports identified under
this paragraph. Records and accounts subject t0litigation 0raudit must b9maintained for five years Or
until the issue isresolved, whichever iSlonger.
R8C0[dS that pertain to real estate transactions must be 08iDt@i0Gd for five years or the DV0be[ Of
years that there is an UUtSƒ8DdiDg Ob|ig8b0O. whichever is longer. The starting date for retention of
records O000BG-pUrCh3sed equipment begins 8tthe end Ofthe equipment's use, when itiSdisposed
OfO[ transferred. The FetBnhOO period for records relating to program income begins OD the last date
Of COUNTY fiscal year in which the income is earned. All CITY`5 PecDPdS. with the exception of
confidential client infOKOadon, shall be made available to representatives of COUNTY and the
appropriate federal agencies. CITY is required to submit data necessary to enable the COUNTY to
complete any and all necessary reports in accordance with HUD FegU|8UOnS in the format and at the
time designated by the EDA Administrator or his designee.
15. MONITORING
EDA Administrator or designee will COOdUCi periodic DlODhDhOg of CITY administration of
AUTHORIZED PROJECTS. Monitoring will fOCUg on the extent t0which the CONSOLIDATED PLAN
has been iOOp|eO0eOh9d, measurable goals achieved and effectiveness Ofproject mmaD8geDleDt. and
impact OfAUTHORIZED PROJECTS. Authorized representatives OfCOUNTY and HUD shall have the
right Of access to all activities and facilities operated by CITY under this AGREEMENT. Facilities
include all D|es, n3cOrd&. and other documents related to the performance of this AGREEMENT. CITY
will permit on-site inspection by COUNTY, and HUD representatives, and ensure that its employees
furnish such information, a8iDthe judgment 0fCOUNTY and HUD representatives, may berelevant tO
@ qUeSUOD of compliance with coOi[@{tVa| conditions and H[]C) directives, or the effeC1iVeD8SS. legality,
and achievements ofthe program.
16. ACCOUNTING
CITY 0WSt establish and maintain, On 8 CU[n8Dt basis, an adequate accrual @CCOUOtiDg Sygt80 in
accordance with generally accepted accounting principles and standards.
17. AUDITS
CITY is required to arrange and pay for an independent fiDGOCig| and compliance audit annually for
each fieoo| year during which federal funds are received under this AGREEMENT as required by
Circular A-128 pursuant to the Single Audit Act of 1884. Public Law 98-502. The neau|ie of the single
audit must besubmitted tOCOUNTY within 3Odays Ofcompletion. Within 3Ddays Ofthe submittal Of
Said audit report, CITY shall provide a written response to all CODdidOOS or findings reported in said
audit report. The response must examine each condition Orfinding and explain @ proposed resolution,
including 8schedule for correcting any deficiency. All condition Orfinding correction actions shall take
place within six months after E[}A'S receipt Ofthe audit report. An audit may also be conducted by
federal, state or local funding GQU[Ce agencies as part Of the COUNTY'8 audit responsibilities.
COUNTY and its authorized FepreSeOL8UmeS shall, at all LirDeS' have 8CCeSS for the purpose of audit Or
inspection to any and all bOOkS' dOCUnleDtS, papers, reCOPdS, property, and pP80OiSeS of CITY. CITY'S
staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY's
program. If indications of 00iG8ppnOpri@1iOO or misapplication of the funds Ofthis AGREEMENT c8U8D
COUNTY tDrequire a special audit, the cost of the audit will be encumbered and deducted from funds
allocated to CITY'S CC)BG AUTHORIZED PROJECTS. Should COUNTY subsequently determine that
the special audit was not vvarrant8d, the amount encumbered will be restored to said CDBG
AUTHORIZED PROJECT 8||OC@doOs. Should the SpGCi8| audit confirm [nis8ppnOp[i8dOD or
misapplication Of funds, CITY Sh8U reimburse COUNTY the 8rOVUOt Of 00iG8ppnDp[i8tiOO Or
misapplication from DOn-CDBGfunding sources.
18. REVERSION OF ASSETS
Upon AGREEMENT termination, CITY shall transfer to COUNTY all CDBG funds on-hand (including,
but not limited to, program income) atthe time ofexpiration and any accounts receivable attributable b]
the use ofCQBGfunds.
All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under
this AGREEMENT must continue inthe use that provides the service benefits and national objectives,
for which bwas funded VOb| five years after expiration of this AGREEMENT as set forth in 24 (}FR
570.503' or such longer period of time as determined by COUNTY; Or it must be disposed Of in 8
manner DeSU|bR8 in a mgiO1bUnGe[OeDt to COUNTY in the anlOUOt of the current fair Dl8rk8i value of the
property, as determined by COUNTY, less any pOdiOD thereof attributable to expenditures Of non-
Revised 1/8/13 Pane7of12
CDBG funds for the @CqUisKk}O of, Orimprovement tO the property. This Section 18 3h8U survive the
termination of this AGREEMENT.
19. TERMINATION AND TERMINATION COSTS
This Delegate Agency Agreement may be terminated in vVhO|8 Or in part at any time by either party
UpOD giving 60 days notice in writing to the other party iffor whatever reason either party no longer
desires to have CITY implement CDBG funded projects/programs. If the C>G|eg8tB Ao8DCy Agreement
is tS[DliO3hed, the AGREEMENT shall continue in fUi( force until such time as described in SECTION 1
GENERAL and SECTION 2 l[ERyW of AGREEMENT. An agreement must be reached by both parties
as to conditions for termination in CO0p|iaOcG with the pn}viSiODS of federal regulations at 24 CFR Part
85.44. TerOiD8bOD for Convenience. EDA is hereby emp0vv8nBd to give said O0dCe subject to
ratification bythe COUNTY Board OfSupervisors.
COUNTY may immediately terminate this Delegate Agency Agreement Upon the t8r0iDGd0O'
suspension, discontinuation Or 8Ub3t8nU8| n9dUCUOO in HU(] C|D[lG funding for the Delegate Agency
Agreement activity or if for any re8GOD the d08|y completion of the work Under this AGREEMENT is
rendered improbable, infeasible or impossible. If CITY materially fails to comply with any term of this
AGREEMENT, COUNTY may take one or more of the actions provided under the federal regulation 31
24 CFR Part 85.43' EDfOrCe08Dt' which includes temporarily withholding cash, diS@||VVVin0 OOO-
cO0p|i8Dt QOStS' wholly or partly terminating the award, withholding future awards, and other remedies
that are legally available. In such an event, CITY shall be compensated for all aamioe8 rendered and all
necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that
have been previously naimbunaed, to the date of said h3rrnin8U0n to the extent that CDBG funds are
available from HU[].
20. PROJECT ACKNOWLEDGMENT
Should CITY determine that the funding sources or the names of responsible public officials be
displayed on @ QonOp|eh3d building 0rsignificant project, such identification GhOU|d be acknowledged on
G p|8qU0, p80O@OeRt|y nnOUDt8d in an appropriate location, made of bronze or other appropriate
ma[eria|, acknowledging the funding source as the Department 0fHousing and Urban Oeve|opment,
San Bernardino County Community Development Block Grant. The current Board of Supervisors and
the members of the CITY CQUOd| Sh8|| also be identified. When nlU|bp|e funding sources are utilized
to construct project, all funding SOU[D88 Sh8|| be identified. The listing order of multiple funding
SoVn:8s identified OD the plaque Sh8|| be the largest dollar amount first, the second largest dO||8r
amount second, etc.
21. CONTRACT COMPLIANCE
CITY will take all OeC8SS8ry 8fh[rD8Um8 steps to 8sSUnB that rD/DO[itv fim0Q^ vvOrD8O'S business
enterprises, and Labor Surplus Area Fi[[DS /@ firm |OC@[8d in an area Qfhigh unemployment) are used
when possible in co0Op|i@OC8 with pn0viGi0OS of Title 24 code of federal FeQU|8tiOn8 Part 85.30(e).
|TY Sh3U comply with Executive Orders 11248. as 3Ol8Dded by Executive Orders 11375, 11478`
12086^ and 12107' (Equal Employment Opportunity), Executive Orders 11025, 12138, 12432. 12250^
and Executive Order 13279 (Equal Protection of the L8VvG for Faith-Based and [|000UOity
{][g8niz8UVOS\. Title 0! Of the Civil Rights Act Of 1884. the California Fair Housing and E0p|Oy0eDi
A(t, and other applicable f8de[8|. state and COUNTY |8VVS' FGgV|aUODs and policies relating to equal
employment and contracting opportunities, including |avvS and regU|3bOOs hereafter enacted.
CITY shall 00@he every effort h} eDSU[e that all projects funded vvh0UyOrin part byCDBG pnJg[@nl
funds shall provide equal gOlp|0yOleOt and C8Fe8r 8dv8DQ8[neOi opportunities for rniDO[iUeS and
wV08D. In addition, CITY shall make every effort to employ residents of the area and Bh@U keep a
report of CITY staff positions that have been funded directly by, or as a result of this program.
Revised 1/8/13 Pane8of12
22. DISCRIMINATION
N0person shall, onthe grounds Ofrace, sex, creed, color, religion, Ornational origin, be excluded from
participating in, be refused the benefits of, Vrotherwise be subjected todiscrimination iDany activities,
programs, oremployment bvC|TY.
23. STANDARDS OF CONDUCT
FzU[SU8Ot to Office of Management and Budget Circular Ar11O Attachment 0 and 24 [}FR 570.811`
Conflict Of |OhBF88i' and 24 CFR Part 85.38, PnOCu[8Ol8Dt' CITY GhgU maintain a written code or
standards of conduct that shall govern the performance of their officers, employees or agents engaged
in the 8VV8rd and administration of contracts supported by federal funds. KJQ 8Dnp|oye8, officer O[agent
Of the CITY shall participate in Se|8CtiDD. award, or administration Of G contract supported by federal
hJDdS if Q]OOiCt Of interest, Fe8| Or 8pp8[eDL VVOU|d be involved. Such a conflict would arise when:
@. The employee, officer Oragent;
b. Any member Ofhis immediate family;
C. His orher partner; or
d. An O[gaOiz@b0D' which employs, or is about to employ, any Dfthe above, has financial OF
other interest in the firm Se|8[t8d for award.
CITY OMiDerS, employees or agents shall neither solicit DO[ 8CCepi gratuities, favors or anything Of
monetary value from ount[ectnrS, potential oontrootors, or parties to sub-Agreements.
CITY may set 0OiOi[nUrn rU|8S vvh8r8 the financial interest is not SUbst8DU2| or the gift is an UDSUiiCit8d
item of nominal intrinsic value.
TO the extent permitted by state or |0CG| |8vv Or r8gU|@d0OG. such St8DdGFd8 of conduct Gh8|| provide for
p8D8|[i8S. S8O[tion8. Orother disciplinary actions for violations of such standards by CITY'S OMiCe[S,
employees, or agents, Or by contractors ortheir agents.
24. FORMER COUNTY OFFICIALS
CITY agrees to provide Or has already provided iOfO[0aUoD OD former COUNTY AdrDiOiSt[8UVe
Officials (as defined be|OVV} who are employed by or [8pnBGeDt CITY. The iDfOrOO8tiVD required
iDC|UdeS Q list of former COUNTY AdO0iOiSt[8bVe (]Mici@|s. who terminated COUDtv gmp|Oy0nHOt within
the |8St five years and are now of7iCers, or employees Of CITY. The information iDC|UdeS the
employment with Or representation Of CITY. For purposes of this pFOViSiOn' "COUNTY Administrative
[}ffiCi@|" is defined as @ member Ofthe Board of Supervisors or such Officer's Staff. COUNTY Chief
EXeCUbv8 Officer 0rmember Ofsuch Officer's staff, COUNTY Department orGroup Head, Assistant
Department or Group Head, or any employee in the Exempt Group, K83n@g8DleDt Unit or Safety
Management Unit.
25. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CITY agrees that it will not p8db[nD or permit any religious proselytizing Or political activities in
c0DDe[tiOU with the performance Of this Agreement. Funds under this AGF|EK8ENT will be used
exclusively for perfD008OC8 of the work required under this Agreement and no funds made available
under this AGREEMENT shall be used to promote any religious or political activities.
Revised 1/8/13 PaueQof12
26. INDEMNIFICATION
CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability
arising out of this AGREEMENT, resulting from the negligent acts, errors or omissions of the CITY, its
authorized officers, employees, agents or volunteers, including, but not limited to, such liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its
successor that activities undertaken by CITY under the program(s) fail to comply with any laws,
regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this
AGREEMENT were improperly expended.
COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and
employees, from any and all claims, actual losses, damages and or liability that may result from the
negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, or
volunteers.
This SECTION 26 INDEMNICATION shall survive the termination of this Delegate Agency Agreement.
27. SELF-INSURANCE
The CITY and the COUNTY are authorized self-insured public entities for purposes of general liability,
automobile liability, professional liability and workers' compensation. CITY and COUNTY warrant that
through their respective programs of self-insurance, they have adequate coverage or resources to
protect against any liabilities arising out of their performance regarding the terms and conditions of this
AGREEMENT.
28. AMENDMENTS: VARIATIONS
This writing, with attachments, embodies the whole of this Delegate Agency Agreement of the parties
hereto. There are no oral agreements contained herein. Except as herein provided, additions or
variations of the terms of this Delegate Agency Agreement shall not be valid unless made in the form
of a written amendment to this Delegate Agency Agreement formally approved and executed by both
parties.
29. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA)
Use of ARRA Funds and Requirements
This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery
and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA
prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair
of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United
States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured
goods are not produced in the United States in sufficient and reasonable quantities and of a
satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will
increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic
preference would be inconsistent with the public interest. This is referred to as the "Buy American"
requirement. Request for a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects
Revised 1/8/13 Page 10 of 12
of character similar in the }OC8|Uv as determined by the Secretary of Labor in 8cCoPd8DCS with the
Davis-Bacon Act(40 U.S.C. 31). This is [Qf8[ned to as the "wage rate" requirement.
The above described pFOVi8iODG constitute notice under ARRA of the Buy American and wage rate
requirements. Contractor DlUSt C0Dt8Ct the County contact if it has any questions regarding the
applicability or i[np|80QeOt8bOn of the ARRA Buy American and vv@Q8 rate requirements. Contractor will
also be required to provide detailed information regarding compliance with the Buy A0Oe[iC8D
r8qU|[erDeO1S' expenditure of funds and wages paid to employees SO that the County may fulfill any
reporting r8qUi[e0n8DtS it has under ARRA. The iOfOr08U0D may be required as frequently as monthly
or quarterly. Contractor agrees h3fully cooperate in providing iDfO[08dOO or documents as requested
by the County pursuant tOthis pFOViSiOD. Failure to do so will bedeemed 8default and may result iO
the withholding Ofpayments and termination Ofthis Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database at
and may berequired tohave its subcontractors also register inthe same database.
Contractor must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in ^US8 Of ARRA Funds and ReqUire00DiS'" proper
accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to
separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office
of Management and Budget Circular A-133. "Audits of States, Local Governments, and Nonprofit
Organizations." This identification O0the 8EFAand SF-SAC shall include the Federal award number,
the Catalog of Federal Domestic Assistance (CFDA) nunnber, and amount such that separate
accountability and disclosure is provided for ARRA funds by Federal award number consistent with the
recipient reports required byARRA Section 1512 (o).
|Daddition, Contractor agrees tOseparately identify LOeach subcontractor and document 8t the time Qf
sub-contract and at the time of disbursement of funds, the Federal evvanJ number, any special CF[]A
number assigned for ARRA purposes, and amount VfARRA funds.
CODtrGS1O[ may be required to provide detailed information regarding expenditures SV that the County
may fulfill any reporting requirements under ARRA described in this S8CLiOn. The iOfb[m8UOn may be
required as frequently as monthly or quarterly. C0Dt[8{tO[ agrees to fully cooperate in providing
iDfVr[DahOO or documents as requested by the County purSU@O[ to this pn0ViGiOO. Failure to do so will
be deemed a default and may result in the withholding of payments and termination of this Contract.
�
Revised 1/8/13 Paae 11 of 12
�
�
�
�
Whistleblower Protection
Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA,
which prohibits all non-Federal contractors, including the State, and all contractors of the State, from
discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a
contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific
danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of
authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or
regulation related to an agency contract (including the competition for or negotiation of a contract)
awarded or issued relating to ARRA funds,
Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to
employees under Section 1553 of Division A, Title XV of the ARRA
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
10- By Do- �111 :k iA
----4i
Janice Rutherford, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
Dated: Name: Rete Aguilar
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title: Mayor
CHAIRMAN OF THE BOARD (Print or Type)
Laura H. Welch Dated:— -61604
Clerk of the Board of Supervisors
of the County of San Bernardino ATTEST:
Sam Irwin, City Cile
By Address P.O. Box 3005, Redlands, CA 923733
Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
10- ► 111'
County Counsel Department Head
Date Date Date
Revised 118113 Page 12 of 12
ATTACHMENT A- REQUEST TO INITIATE PROJECT/ACTIVITY
PROJECT/CASE NUMBER: DATE OF ORIGINAL ISSUE:
CFDA No.: 14.218 ORIGINAL: REVISION No.:
TARGET AREA: DATE OF REVISION:
Pursuant to the terms of the Delegate Agency Agreement between Economic Development Agency
(EDA)/Department of Community Development and Housing (CDH), and the City of , dated , CDH
hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity
Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval of
EDA Administrator/CDH Director/or their Designee.
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION: TOTAL PROJECT FUNDING: $
CITY CDBG ALLOCATION
RELEASED: $
CITY CDBG FUNDS
EXPENDED AS OF $
DATE OF RELEASE OF FUNDS:
BALANCE OF FUNDS AVAILABLE: $
SCHEDULE OF CITY CDBG ALLOCATION:
Year 1-37 Year 38 Year 39 Year 40 Year 41 Year 42 Year 43
Act# Act# Act# Act# Act# Act# Act# TOTAL OF
(75-2012) (2012-13) (2013-14) (2014-15) (2015-16) (2016-17) (2017-18) 43 YEARS
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERTINENT INFORMATION:
ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement
the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation
and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed
budget for this project is as follows:
LAND ACQUISITION: $ PURCHASE OF EQUIPMENT: $
STAFF COST RELATED CONSTRUCTION COST: $
TO LAND ACQUISITION: $ CITY STAFF COST: $
DESIGN: $ CONTINGENCY: $
CONSULTANT SERVICES: $
TOTAL CITY CDBG ALLOCATION AVAILABLE: $
IMPLEMENTING CITY: DATE:
SIGNATURE: TITLE:
COUNTY OF SAN BERNARDINO
DATE:
EDA Administrator/ CDH Director or Designee
ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
PROJECT/CASE NUMBER: DATE OF ORIGINAL ISSUE:
CFDA No.: 14.218 ORIGINAL: REVISION No.:
TARGET AREA: DATE OF REVISION:
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
ACTIVITY DESCRIPTION:
IMPLEMENTING CITY:
DATE
SIGNATURE TITLE
COUNTY OF SAN BERNARDINO
EDA Administrator/CDH Director or Designee DATE
Attachment C
COUNTY OF SANBERNARD|NO
ECONOMIC DEVELOPMENT AGENCY
DELEGATE AGENCY
COORDINATION PROCEDURES
|. Introduction
The h}||oVVing procedures identify the @CiiODS' responsibilities, and sequence of Gv8DtS for C0rDrnUDitv
Development Block Grant, hereinafter referred to @S ^CDBG". funded projects being implemented by
coordinated effort between the County Of San B8[O8ndiDO ECOnO0iC Development Agency hereinafter
referred to as EDA and the Delegate Agency, hereinafter referred to as "[)A". For each 8CtiOO or event
listed in Section ||| of this attachment, the entity [8SpOOSib|e for carrying out that @CtiOD or 8Y8D[ is
[8f0[eDC8d beside it. Section |V COOt8iOS negU|8dOD8 and statutes applicable to CDBG funded
activities.
UAuthorization to Proceed
The Delegate Agency is not authorized to expend funds or to initiate CDBG proiects until
authorized to do so in writing by EDA. Contract procurement shall be governed by all Federal
nHgU|8tk]DS and St81UteG^ as amended, listed in Section |V of the Attachment. EDA payments of DA
Requests for Reimbursement will be subject to DA submittal Of @ complete reimbursement report
package as listed in Section |||. D-20.
A. Proiect/Activity Budget
Each project activity is iOiUated by@DAttachment "A" The Attachment"A is released when the
project/activity is ready to be implemented and subsequent to environmental clearance and
release of funds from HUD. It specifies the total funding allocation for the project/activity, the
portions currently released and available to expend, the budget cGh8QoheG, the allocation will be
expended under. and the entity responsible for maintenance and operation of the completed
project.
In accepting the Attachment ^A' the DA is to complete an estimated budget showing the
allocation distribution to design COG[8, staff costs, construction COstG. etc. This bFe8kdOVVD may
also include @ contingency 0rinflation factor not to exceed 1D% 0fthe total activity allocation.
Approval to Ch8Dg8 the project/activity budget/funds @v8i|8b|evVi|| come from EDA in the form Of
8 revised Attachment "A" /3Dd corresponding Attachment "B"^ if appropriate).
B. Activity Description
The activity description is forwarded to the DA as Attachment "B". The preparation of the
project deschptioD, both preliminary and fiO3|' is the FeSpOOGibi|ib/ Of the EDA Community
Development Division.
The description ShOU|d be specific 8DQUgh for use as the scope Of work funded by {}E}BG
money in a Request for Pn]pOSa| (RFP) for architectural or engineering services Orfor 8 v8UdO[
in preparing 8 bid. It will C0Db3iD, but is not limited to, the following:
1. Title of Project/Activity
2. Activity Number
3. Specific site desCh[diOD
4. OO- and off-site iDlprOVe[D8Ot description
5. Size Qfbuilding
8. Fixtures list /GUCh as stOve, built-in equipment)
Page 1Of8
7. Water and sewer requirements
8. Utilities
9. Specific zoning and planning requirements
10. Specific uses of the site and/or building
11. Equipment
12. Functions
Approval to change the project/activity description will come from EDA in the form of a revised
Attachment"B" (and corresponding Attachment "A", if appropriate).
EDA will complete the Attachments "A" and "B" and will send two copies each to DA for
signature. Once signed and fully completed, they must be returned to EDA for signature. An
original of each will be returned to DA signifying authorization to proceed with actions outlined in
the following sections:
Actions and Responsibilities
A. Property Acquisition
The DA can pursue the acquisition of real property (and related relocation requirements, if
necessary) through its jurisdiction or request the County's Public and Support Services Group
Real Estate Services Department, hereinafter referred to as "RES", to handle the acquisition
and/or relocation. If relocation is required, initiate a 90-day notice to occupant(s).
1. If DA wishes to purchase the property, the following procedures should be followed:
a. DA: Refers to HUD Handbook 1378 which implements the Uniform Relocation
Assistance and Real Property Acquisition regulations including the
Federal Relocation Assistance and Real Property Acquisition Policies Act
of 1970, the Braithwaite Act of the State of California and any subsequent
amendments to these acts and regulations. If relocation is required, the
appropriate notices will be issued in accordance with the "Timely Notices"
(49CFR 24.203) provision of the Relocation Handbook 1378.
b. DA: Obtains required appraisals.
C. DA: Reviews required appraisals and/or leases to determine if property can
be acquired within the project allocation.
d. DA: Sends all lease documents to EDA for approval.
e. DA: Sends any requests for adjustments of funds for property acquisition
and/or relocation to EDA for approval.
f. EDA: Issues approvals in relation to "d" above and sends them to DA,
9- DA: Initiates lease or purchase.
h. DA: Sends Request for Advance of Funds to EDA, 10 working days prior to
expected close of escrow, with all appropriate documentation attached.
Page 2 of 8
2. If DA desires to have RES handle acquisition and/or relocation activities, the DA should
follow this procedure:
a. DA: Submits a letter to EDA requesting that RES handle the project/activity
describing in detail what property is to be acquired, giving all pertinent
information, and identifying who the DA contact person is to be. If
relocation is required, initiate a 90-day notice to occupant(s),
b. EDA: Initiates appraisal process.
C. RES: Obtains required appraisals.
d. RES: Forwards appraisals to DA.
e. DA: Reviews appraisals and/or leases to determine if property should be
acquired and/or leased. Prepares and forwards request to EDA.
f. EDA: Reviews request from DA, and forwards Authorization to Proceed to RES
(Note: all leases and all adjustments in project allocations must be
requested and approved by EDA ).
9- RES: Initiates purchase or lease of property. If relocation is required, the
appropriate notices will be issued in accordance with the "Timely Notices"
(49 CFR 24.203) provision of the Relocation Handbook 1378.
RES will work with the designated DA contact person throughout the acquisition/relocation
process to assure that the DA is aware of the activities and can make any necessary decisions
in relation to the activity.
B. Architect and/or Engineer Selection
1. The usual procedure for the selection of an architect or engineer involves a Request for
Proposal (RFP) for professional services, following this process:
a. DA: Prepares an RFP for architectural and engineering or other consultant
services.
b. DA: Submit draft RFP to EDA for review for contract compliance and
consistency with Federal Title 24 CFR, Part 85 Section 85.36,
(Procurement Standards).
C. DA: Incorporates EDA revisions, if any, into RFP and reviews RFP's for
compliance with State, Federal, Local and EDA regulations. Requests
EDA "Approval to Proceed" to Issue "UP".
d. EDA: Issues to DA an "Approval to Proceed" to issue an "RFP".
e. DA- Advertises RFP, receives responses, interviews, requests EDA
representation on selection committee and makes selection.
f. DA: Notifies EDA of selection. Sends back-up documentation and draft
contract to EDA. Submits to EDA a "Request for Approval to Proceed" to
award a "Consultant Services Contract".
9- EDA: Reviews final contract for compliance and issues an "Approval to
Proceed" to award a "Consultant Services Contract".
Page 3 of 8
h. DA: Awards Consultant Services Contract.
2. Architectural and engineering services may also be negotiated under certain situations;
i.e., obtained through a sole source procurement. This is an eligible alternative requiring
the following steps:
a. DA: Determines that the situation warrants sole source procurement and that
such procurement will comply with requirements and criteria specified in
Federal Title 24 CFR Part 85.36, (Procurement Standards).
b. DA: Selects architect, engineer or other consultants.
C. DA: Submits to EDA a "Request for Approval to Proceed" to award a "Sole
Source Consultant Services Contract" to EDA explaining why the DA has
chosen the consultant and why the competitive RFP procedure is not
being used.
d. EDA: Reviews the request and approves or denies sole source procurement
request based on explanation and backup.
e. EDA: Issues "Approval to Proceed" to award a "Sole Source Consultant
Services Contract" authorization or denial of request.
f. DA: Negotiates and awards the sole source contract.
C. Desi-qn Phase
1. DA: Monitors preparation of preliminary plans by architect.
2. DA: Notifies EDA of all public meetings with architect, five working days before event.
3. EDA/
DA: Reviews and approves preliminary design.
4. DA: Secures all required permits and regulatory approvals.
5. DA: Secures plans, check of plans and specifications from the appropriate Building
and Safety Authority.
D. Construction Phase
1. DA: Reviews and approves plans and specifications, and obtains current Federal
Wage Decision from EDA or online at
http-,//`�wiw.wdol,(ovdba.asox#O, to be included in the bid package.
2. DA: Forwards construction bid package and approved plans to EDA for review and
approval along with a "Request for Approval to Proceed" to issue an "Invitation to
Bid" for construction services. Attachment "D" - "Construction Contract Labor
Compliance Provisions" must be part of the complete bid package submitted to
EDA for approval.
3. EDA: Reviews and approves construction bid package for compliance with Federal and
local regulations and forwards "Approval to Proceed" to invite bids with changes
(if any) to DA.
Page 4 of 8
4. DA: Determines bid solicitation process permitted by CDBG requirements under
Federal Title 24 CFR Part 85.36 (Procurement Standards), and County
contracting regulations. Advertises "Invitation to Bid" and receives bids.
5. DA: Ten days prior to bid opening, DA makes telephone contact with EDA and
requests from EDA or obtains online at the
current Federal Wage Decision. If the Federal Wage Decision is
in any way different from that issued in the original bid package, DA will issue a
bid addendum and immediately forward the latest wage decision to all bidding
contractors who, in turn, submit revised bids prior to the bid opening. DA shall
notify EDA of any change in the Federal Wage Decision should DA use the
online option above.
6. DA: Conducts bid opening and reviews bid documents submitted by the low-bidder to
assure compliance with County Policy 15-01, if applicable, and 24 CFR 85.36(e)
regarding the participation of minority, disadvantaged and women business
enterprises (MWBE's) in the proposed construction contract. If DA has its own
plan that meets the aforementioned requirements, it may use this plan for bid
document reviews.
7. DA: Submits the low-bidder information and list of subcontractors to EDA and a
"Request for Approval to Proceed" to award a "Construction Services Contract".
If adjustment of funds or project description is needed, the written request for
reallocation of funds (revised Attachment "A") or change in project description
(revised Attachment "B") should be sent at this time.
8. EDA: Prepares revisions to Attachment "A" and/or "B" as requested (if necessary).
9. EDA: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts.
10. EDA: Issues "Approval to Proceed" to award a "Construction Services Contract" to DA.
11. DA: Insures completeness of contract documents prior to award of contract. Prime
and Sub-Contractor Construction contracts must contain the Labor
Compliance Contract Addendum (LCCA), a copy of applicable Federal Wage
Determination, and a copy of restrictions on public buildings and public works
projects provisions.
12. DA: Awards Contract.
13. DA: Notifies EDA of pre-construction conference at least five working days prior to
event. Prime and Sub-Contractor's labor compliance personnel must
attend pre-construction conference. Submits required EDA documents (Ex:
completed bid package) prior to pre-construction meetings, including Contractor
Information Sheet.
14. DA: Conducts pre-construction conference (EDA attendance mandatory). EDA sets
up prime contractor on LCPtracker.
Page 5 of 8
15. DA/
EDA: DA provides EDA with a copy of signed contract which incorporates the LCCA
prior to start of construction. DA ensures completion of bonds and all required
labor compliance documentation is accepted in LCPtracker. EDA obtains Project
Wage Rate Sheet from Prime Contractor which includes all federal labor
classifications that will be utilized on the project by the Prime Contractor as well
as ALL Sub-Contractors.
16. DA: Keeps an up-to-date record of all encumbrances and obligations, including staff
costs incurred, to assure that the remaining balance of funds is known.
17. EDA/
DA: Ongoing observation and monitoring of projects.
18. DA: Conducts on-site interviews with contractor employees for each trade regarding
their wages. Sends original signed Record of Employee Interview (HUD-11) to
EDA. EDA may require Record of Employee Interview to be entered on
LCPtracker.
19. DA: Ensures contractor's submission of Weekly Certified Payroll in LCPtracker.
20. DA: Receives Contractor requests for progress payments and any other
documentation of expenditures and work accomplished. DA reviews labor
compliance reports in LCPtracker.
21. EDA: Reviews Contractor Weekly Certified Payroll on LCPtracker during the term of
construction, including non-performance payrolls.
21. EDA: Checks wages reported on Certified Payroll forms against employee interview
forms for consistency between wage rates reported by contractor and wages
received by employees.
22. DA: Submits to EDA during the term of the construction contract, a report package
containing:
Request for Reimbursement and accompanying documentation.
Payments on said requests are subject to complete compliance with
Federal Labor Standards.
23. DA: Notifies EDA of all meetings regarding EDA projects, such as Design
Conferences, Public Meetings, and meetings with Community Development
Advisory Commission, and DA at least five working days before event occurs.
24. DA: Processes change orders and sends copy(ies) of proposed change order(s)
along with a "Request for Approval to Proceed" to issue a "Contract Change
Order" to EDA. Must obtain approval from EDA regarding all change orders prior
to authorizing the contractor to proceed with said changes.
25. DA: Notifies EDA of proposed changes in the list of subcontractor(s) and submits a
"Request for Approval to Proceed" to add or delete subcontractor(s) from the
approved list.
26. EDA: Revises Attachments "A" or "B", if necessary, and issues an "Approval to
Proceed" to issue a "Change Order(s)" to DA.
Page 6 of 8
27. DA: Notifies EDA of final inspections at least five working days before inspection
date.
28. DA: Attends final inspections (EDA attendance optional).
29. DA: Secures its governing body's acceptance of completed project and filing of
Notice of Completion and submits "Notice of Completion" to EDA.
30. EDA: Monitors project progress and contract compliance and issues, as necessary,
"Notice to Submit Final Activity Costs" notices to DA.
31. DA: Takes necessary actions to comply with said notices.
32. EDA: Conducts "Annual Certification of Use of Facilities".
IV. DA must ensure compliance with the following regulations and statutes, as amended, in carrying out
CDBG funded activities:
A. Community Development Block Grant Regulations of the Housing and Community
Development Act of 1974, as amended (24 CFR 570).
B. Applicable Uniform Administrative Requirements:
1) Office of Management and Budget Circular A-87
2) Office of Management and Budget Circular A-128
3) 24 CFR Part 85
C. Applicable Uniform Administrative Requirements for Subrecipients that are not Governmental
Entities:
1) Office of Management and Budget Circular A-110
2) Office of Management and Budget Circular A-122
3) 24 CFR Part 84
D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including:
1) Davis-Bacon Act (40 U.S.C. 276a to a-7)
2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330)
3) Copeland Act (18 U.S.C. 874)
E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended
F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508)
G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128)
H. Archaeological and Historic Preservation Act of 1974
I. Rehabilitation Act of 1973, as amended
Page 7 of 8
J. Americans With Disabilities Act
K. Clean Air Act (42 U.S.C. 7401 et. seq.)
L. Clean Water Act (33 U.S.C. 1368)
M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part
135 (12 U.S.C. 1701 u)
N. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et. seq.)
0. Fair Housing Act (42 U.S.C. 3601-20)
P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(42 U.S.C. 4601-4655)
Q. Hatch Act
R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)
Page 8 of 8
COUNTY OF
=� SAN BERNARDINO
� COMMUNITY DEVELOPMENT AND HOUSING
CONSTRUCTION CONTRACT
LABOR COMPLIANCE PROVISIONS
(Attachment D)
NOTICE TO BIDDERS
COUNTYWIDE VISION:
The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for
sustainable infrastructures and housing as adopted by the County Board of Supervisors and SANBAG on
June 30, 2011.
FUNDING OF PROJECTS AND FEDERAL AND STATE REQUIREMENTS
Bidders are advised that federal funds are being used for this project and that as a result, certain
requirements are to be imposed, depending upon the source of the federal funds. Sources may include:
Community Development Block Grant funds (CDBG), Neighborhood Stabilization Program funds (NSP) or
HOME Investment Partnerships Program funds (HOME). The use of any of these federal funds on a project
will require the payment of federal prevailing wages under the Davis-Bacon and Related Acts ("DBRA") (40
USC §3142, 40 USC §§ 276a-276a-7, 29 CFR Part 5, which will be enforced when the contract amount for
the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s)
and lower-tier Subcontractor(s) compliance with the DBRA. The Federal Labor Standards Provisions (HUD
4010) apply to this project and are attached.
For HOME and NSP funded projects, the Prime Contractor, all Subcontractors and all lower-tier
Subcontractors are required to pay their laborers and mechanics employed under the contract, a wage not
less than the locally prevailing wages (including fringe benefits) listed in a David Bacon wage determination
for a classification, as specified in the Federal Wage Determination. if other funding is used on a project,
California state prevailing wages (as specified in the State Wage Determination) may be triggered. If that occurs,
then the higher of the two applicable wage classifications (federal or state) will be enforced for all work under the
contract. For CDBG-funded projects, the Prime Contractor, all Subcontractors and all lower-tier
Subcontractors are required to pay their laborers and mechanics providing work under the contract, a wage
not less than the locally prevailing wages (including fringe benefits), as specified in both the Federal and
State Wage Determinations for the project.
The higher of the two applicable wage classifications, either the Federal Prevailing Wage or, State
Prevailing Wage will be enforced for all work under this Contract.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity • The
bidders attention is called to the "Equal Opportunity Clause" and "Standard Federal Equal
Employment Specifications" contained in the bid package. Goals and timetables for minority and
female participation, expressed in percentage terms for the Contractor's aggregate workforce in
each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women.
TABLE OF CONTENTS
• CONSTRUSTION CONTRACT PROVISIONS - DEFINITIONS..................................... ............._1
• LABOR COMPLIANCE REQUIREMENTS................................................................. .............2
• REQUIRED DOCUMENTS............... .........................................................................__4
• FEDERAL LABOR STANDARDS PROVISIONS...................._......... ................................._...5
SECTION 3 CLAUSE............ .................... ....... ...................................... .....9
• AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NOW
CONSTRUCTION CONTRACTORS.............. ............ ........ ....... ...................................._10
• EQUAL OPPORTUNITY CLAUSES.............. ......... .........................................14
• CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS.................................. .......22
• DAVIS-BACON WAGE DETERMINATION............................... ......................................._....23
• SAMPLE DOCUMENTS....................... ................... ............................................24
CONSTRUCTION CONTRACT PROVISIONS ~ DEFINITIONS
The following are definitions of state and federal provisions/documents for federal projects. Please refer to
the"Required Documents Checklist"for any documents tobmcompleted and submitted for this project.
Affirmative Action Compliance Guidelines for Construction or Non-Construction Contractors - GanenaUy,
affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides
guidelines to help Contractors meet affirmative action and equal employment opportunity requirements set forth in
federal regulations 41 CFR 60.
Bid Bond - A bid guarantee of at least 1096 of the contract price is required from each bidder and must be submitted
with the Bid.
Certificate nfOwner's Attorney-This certificate is to be completed by the owner's attorney when applicable.
Certification ofBidder Regarding Equal Employment Opportunity -This certification is required by Federal law(41
CFR 60) and must completed by the Prime Contractor and submitted to the CITY/COUNTY prior to the pre-construction
conference.
Certification of Compliance with Air and Water Acts -The prime Contractor and all Subcontractors must comply with
this certification when the contract exceeds$1O0.00O.
Certification by Proposed Subcontractor Regarding Equal Employment Oppmrtumity - Thin certification must be
completed by all Subcontractors and every lower-tier Subcontractor and submitted to the Prime Contractor for submittal
(othe CITY/COUNTY prior tothe pre-construction conference.
Contractor's Certification mfCompliance with Davis-Buumn and Related Acts - This certification is required by
federal law(29 CFR 5)and must be completed by the Prime Contractor and submitted to the CITY/COUNTY prior to the
pre-construction conference.
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions -
These provisions are to be inserted in all applicable federal|y-aeaiated contracts and subcontracts.
Federal Labor Standards Provisions (HUD 4010 form) -These provisions set forth the federal labor requirements for
contractors working on federally-assisted construction projects in which the prime contract exceeds $2.000. The Prime
Contractor and all Subcontractors and every lower-tier subcontractor are required to pay their laborers and mechanics
working onsite a wage as specified in the FEDERALLY FUNDED PROJECTS section of this provision. The Prime
Contractor/sresponsible hoinclude the Labor Compliance Contract Addendum inall executed Subcontractor contracts
for this project.
Federal Prevailing Wage Decision - The Federal VVugu Decision contains the federal wage rates for construction
projects within the County ofSan Bernardino. Acopy ofthe Wage Decision isincluded inthe bid package and can also
be found at or the wage decision that applies to
the project is the one in effect ten days prior tothe bid opening date.
Labor and Materials Bond -This payment bond guarantees that employees/Subcontractors, and suppliers are paid for
services rendered and materials supplied. The Labor and Materials Bond must be at least 10096 of the contract price
and must besubmitted hwthe CITY/COUNTY upon award ofthe contract.
Performance Bond -This bond guarantees the Contractor's performance under the terms of the construction contract
and must be at least 100%of the contract price and submitted to the CITY/COUNTY following award of the contract.
Section 3 - This law applies to construction contracts exceeding $100,000 on projects funded by the U.S. Department
of Housing and Urban Development (HUD). To the gn*mb*at extent feasible, Contnact/r(n) and Subcontractor(s) must
attempt to become Section 3 business. ASecUon 3 business is one owned bye low-income peroon, a business of
which 3096 of the workforce is comprised of low-income individua|s, or a business that contracts 2596 of its work to
Section 3businesses.
Page of 24 '
`
LABOR COMPLIANCE REQUIREMENTS
Davis-Bacon and Related Acts:
The Prime Contractor is responsible for gDsUhDg all SUbcOOtO3c[Or/s\ and |Ovv8Fb8r 8UbCOn{[8ctor(G)
compliance with all requirements OfDavis-Bacon and Related Acts (DBRA). The Federal Labor Standards
Provisions (HUD 4010) apply tOthis project 3Dd3r98tt8Ched.
A copy 0fthe Federal Prevailing Wage Decision, (and upon request the State Wage C)eCiSiOD) the date of
which reflects the latest applicable modification at the time of this bid advertisement, is included in the
CODir8Ct DOCU0eOtS and Gp8CifiC3[iOO8. Bidders Sh8|| be notified, via AddHOdUQO. of modifications, if any,
which supersede that DlOdifiC3UOn included herein, Up UOU| 8 rniDi[DUOO of ten days prior to the 8[tU3| Bid
Opening for this project.
A weekly Certified P8y[OU Report (CPR) is required during the term Of CDOstnJCtiOn OD the project.
P8y[n8Dt(S) Of inVOiCe/S\ for this project may be delayed when CPRS are not submitted weekly. The
CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the
Prime CODt[aCtO[ The p@yrDeO1 n8qU8St Sh8/| not be @ppnOV8d UO|8GS all CPRS for the project submitted
through LCPtr8Ckgr have been 8ppnDV8d and accepted for each week worked during the time period
covered bysaid payment request.
LCP0racker:
As permitted by the Department Of Labor ([)[)L)' The [}Hp8rtrD8Dt of Housing and Urban C)ewe|OpDleOt
(HUD), and Title 8, S8C1iOO 10404 of the California Code of RegU|81iODS. the Prime Contractor and each
Subcontractor and every lower-tier Subcontractor subject tO [JBRA@[8 8|!OYVed b] submit CFzF|S S|eCtR3niC8||y
vi@LC}Pin8Cker
LCFtrecker is u web-based system.. The Prime Contractor and Subcontractors and lower-tier
Subcontractors will receive an email from LCFztrmoker providing their log-on identification and temporary
. The Contractors will Deed to fOUOVv the instructions in the eDl8i| to set-up their p8rrD3OeOt
password and @Ctiu@t8 their account. Once their 8CCOUDt is Se[Up. LCPinBCke[ Inc. provides two CODmeDieOt
t[8iOiDA options:
Courses:Option 1: Computer-Based Training Pre-recorded videos can be viewed atany time by
logging into the LCPtraCkS[VvebSitH and fO|{OVviDQ these simple steps:
o Enter user name/password
o Select the "eTraiOiOg^ link located at the top of the page.
o Select"Contractor Training Videos"
Option 2: Web-Based Training Sessions: Online training sessions facilitated by nn8DlberS of
LCFtm8cher's customer support team are available several U0e8 per week. All that is needed to
participate iSa computer with Internet access, 8Oemail address and access 00aphone.
o Enter user name/password
o Select"Book NnvV" On the "Projects" tab and register for the Online training sessions.
Page 2 of 24
eDocuments:
In order to meet labor compliance requirements, all contractors will be required to complete eDocuments
which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed
by an owner/officer or authorized signer. Prior to the contractor being allowed by the system to certify CPRS,
all eDocuments mustbe submitted to, and approved by, the County.
Other Required Documentation:
One of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a
City business license or a letter stating the reasons why no business license is required. All contractors
performing work on a project site located within an incorporated city must possess or obtain that city's
business license. However, if the project is located in an unincorporated area of the County, and the
contractor's business is located in an incorporated city, the contractor must possess or obtain a business
license within the city where their business is located. Exception to business license requirement: A letter
explaining the exception to the business license requirement will be required if the contractor's business and
the project work site are both located in the unincorporated area of the County.
Electronic Submission of Certified Payrolls:
Use of LCPtracker may require data entry in order to certify weekly payroll(s). Data entry includes
information regarding employee identification, labor classification, total hours worked on the project, wage
and benefit rates paid etc. Contractors currently using a payroll software system may be capable of
interfacing with LCPtracker. Submission of electronic CPRs will be required by every lower-tier
Subcontractor.
The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors
subject to this provision shall comply with Title 8, Section 16404 of the California Code of
Regulations.
Page 3 of 24
REQUIRED DOCUMENTS CHECKLIST
REQUIRED PRIOR TO CONTRACT AWARD
❑ 1. Bid Package signed by Contractor or letter stating that the project specifications document is part
of the contract
❑ 2. Signed Partnership Agreement (if applicable)
REQUIRED PRIOR TO PRECONSTRUCTION CONFERENCE
❑ 3. Executed Contract/Purchase Order NOTE: The Labor Compliance Contract Addendum (LCCA)
which includes the HUD Form 4010 and the Federal prevailing wage determination for the project
must be attached to contract
❑ 4. Prime Contractor Information Form
❑ 5. Bonds (performance/payment or labor and material bonds)
❑ 6. Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements (Exhibit
Al)-
❑ 7. Sub-Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements
(Exhibit A-1)*
❑ 8. Certification of Bidder Regarding Equal Employment Opportunity(Exhibit B)*
REQUIRED DURING CONSTRUCTION
❑ 9. Certification of Proposed Sub-Contractor Regarding Equal Employment Opportunity(Exhibit C)*
❑ 10. Affirmative Action Compliance Form for Construction Contracts over$10,000 (Exhibit D)*
❑ 11. A copy of all executed Sub-Contractor contracts NOTE: The Labor Compliance Contract
Addendum (LCCA)which includes the HUD Form 4010 and the p[revaling wage determination for
the project must be attached to contract
❑ 12. City Business License/Exception Letter
❑ 13. Certificate of Understanding and Authorization Form (Exhibit E)
❑ 14. Fringe Benefit Statement Form (Exhibit F)*
❑ 15. Authorization for Payroll Deduction (Exhibit G)*
❑ 16, DOL Registered Apprentice Program*
Page 4 of 24
❑ 17. DOL Apprenticeship Certification*
18. Apprenticeship Program Appendix A*
❑ 19. Project Wage Rate Sheet*
REQUIRED DURING CONSTRUCTION
❑ 20. Weekly Certified Payrolls (see "Electronic Submission of Certified Payrolls' section)
*Note: These forms are located on the LCPtracker online database discussed in "Electronic Submission of
Certified Payrolls" section and will be discussed by County CDH staff at the preconstruction conference.
Page 5 of 24
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office ofLabor Relations
1.Applicability its designee to the Administrator of the Wage and Hour D1viaion,
The project orprogram towhich the construction work covered by Employment Standards Administration, U.S. Department ofLabor,
this contract pertains is being assisted by the United States of YYumhing\on. D.C. 20210. The Administrator, or an authorized
America and the following Federal Labor Standards Provisions are rePmaentabwa, will opprova, modJy, or disapprove every additional
included in this Contract pursuant to the provisions applicable to classification action within 30 days ofreceipt and so advise HUD
such federal assistance. or its designee or will notify HUD or its designee within the 30-day
A. 1. (1) Minimum Wages. All laborers and mechanics employed period that additional time is nouaoeury. (Approved by the Office
or working upon the site of the work will be paid unconditionally of Management and Budget under OMB nnntm| number 1215-
and not |*ea often than once a wemk, and without subsequent 0140.)
deduction or rebate on any account (except such pmym|| (n) In the event the Contractor, the laborers nrmechanics ho be
deductions aoare permitted byregulations issued bythe Secretary employed inthe classification ortheir representatives,and HUD or
ofLabor under the Copeland Act(2& CFR Part 3). the full amount its designee dunot agree onthe proposed classification and wage
of wages and bona fide fringe benefits (or cash equivalents rate (including the amount designated for fringe benehta, where
thereof) due at time ofpayment computed at rates not less than appropriate), HUD or its designee shall refer the quesbone,
those contained in the vmgn determination of the Secretary of including the views of all interested parties and the
Labor which ioattached hereto and made apart hereof, regardless recommendation ofHUD orits designee, buthe Administrator for
of any contractual relationship which may be alleged to exist determination. The Administrator, or on authorized
between the Contractor and such laborers and mechanics. representative, will issue adetermination within 3Odoyeofmceipt
Contributions made or costs reasonably anticipated for bona fide and so advise HUD or its designee or will notify HUD or its
fringe benefits under Section |(b)(2) of the Davis-Bacon Act on designee within the 30day period that additional time is
behalf oflaborers ormechanics are considered wages paid tosuch necessary. (Approved bythe Office ofManagement and Budget
laborers or mechanics, subject to the provisions of 29 CFR under OMB Control Number 1215-D140.)
5.S(o)(1)(iv); also, regular contributions made orcosts incurred for (d) The wage rate (including fringe benefits where appropriate)
more than a weekly period(but not less often than quarterly)under determined pursuant to subparagraphs (1) (ii)(b) or (u) of this
plans, funds, orprograms,which cover the particular weekly period, pamgmph, ehoU be paid to all workers performing work in the
are deemed to be oonaUnoUvo|y made or incurred during such classification under this contract from the first day on which work
weekly period. isperformed inthe classification.
Such |ubovene and mechanics shall be paid the appropriate wage (U|) Whenever the minimum wage nate prescribed in the contract
rate and fringe honmfite on the wage determination for the for aclass oflaborers ormechanics includes afringe benefit which
classification of work actually peMbnned, without regard to skill, ionot expressed asmnhourly rate,the Contractor shall either pay
except as provided in 2ACFR 5.5(aX4). Laborers ormechanics the benefit as stated in the wage determination or shall pay
performing work in more than one classification may be another bona fide fringe benefit or an hourly cash equivalent
compensated at the netm specified for each doeeifioadon for the 1haneo[
time actually worked therein: Provided employer's payroll' (iv) If the Contractor does not make payments to a trustee or
moondo accurately set forth the time spent in each classification in
other third person,
the Contractor may consider as part of the
which work is performed. The wage determination (including any
wmQoa of any laborer or mechanic the amount of any costs
additional classification and wage nates conformed under 29 CFR
reasonably anticipated inproviding bona fide fringe benefits under
55(u�1�ii) and the Davis-Bacon poster shall be posted� plan provided,Uha11heSoons�ryofLoborhaefbund
at all times by the Contractor and ha Subcontractors at the site of ' ' '
upon the written request of the Contractor, that the applicable
the work in e prominent and uunemeib|e' place where i� can be
standards of the Davin-Bacon Act have been metThe Secretary
�
easily seen bythe wmrkems �
of Labor may require the Contractor to set aside in a enparu0a
(ii) (m)Any class oflaborers urmechanics which in not listed in the account assets for the meeting of obligations under the plan or
wage determination and which is to be employed under the program. (Approved by the Office of Management and Budget
contract shall be classified in conformance with the wage under
underOMB Control Number 1215'O14U )
determination. HUD �
� 2 VVithh�|ding HUD nrits designee nhaUupon its own action or
wage rate and hinge benefis dhorofnma ony when the following '
upon written request of an authorized representative of the
criteria have been met'
� Department ofLabor withhold orcause 0o be withheld from the
(1) The work to be performed by the u|uoeifioahon requested is Contractor under this contract or any other federal contract with
not performed byaclassification inthe wage determination: and the amma prime Contractor, or any other federal y-aasisted
(2) The o|anmihoaMon is utilized in the area by the construction contract subject to Davis-Bacon prevailing wage noquirementa,
industry;and which is held by the same prime Contractor so much of the
(3) The proposed wage nate, including any bona fide hinge accrued payments oradvances aomay beconsidered necessary
benefito, bears e reasonable relationship to the wage mUsm to pay laborers and mechanics. including oppnendo*u, trainees
contained inthe wage determination. and helpers, employed bythe Contractor orany Subcontractor the
(b) If the Contractor and the laborers and mechanics to be full amount of wages required by the contract. In the event of
employed in the classification (if knovmn). or their repreamntaUvou, failure to pay any laborer or meohuniu, including any appmnUue,
and HUD orits designee agree onthe classification and wage rate trainee o,helper, employed urworking onthe site ofthe work, all
(including the amount designated for fringe benefits where or part
appmphate), o report of the action taken shall be sent by HUD or
Page OOf24
of the wages required bythe contract, HUD or its designee may, (Approved by the Office of Management and Budget under OMB
after written notice kothe Contractor, sponsor, applicant, nrowner, Control Number 1215'O149j
take such action aamay benecessary tocause the suspension of (b) Each payroll submitted shall boaccompanied bya"Statement
any further pmymont, advanna, or guarantee of funds until such ofComp|ianoe.^signed bythe Contractor orSubcontractor orhis or
violations have oeaeed. HUD or its designee may, after written her agent who pays o/ supervises the payment of the persons
notice tothe Contractor, disburse such amounts withheld for and employed under the contract and shall certify the following:
on account of the Contractor orSubcontractor to the respective (1) That the payroll for the payroll period contains the
employees to whom they are duo. The Comptroller General shall information required to be provided under 29 CFR 5.5 (a)(3)(1i),
make such disbursements in the case of direct Davis-Bacon Act the appropriate information is being maintained under 29 CFR
contracts. 5.5(o)(3)(i)and that such information incorrect and complete;
3. (i) Payrolls and basic records. Payrolls and basic records (2) That each laborer or mechanic (including each h*|per,
relating thereto shall be maintained by the Contractor during the appnandoe, and trainee) employed on the contract during the
course ofthe work preserved for uperiod ofthree years thereafter payroll period has been paid the full weekly wages emmed,
for all |obomm and mechanics working at the site of the work. without r*ha{e, either directly orindirectly, and that no deductions
Such records shall contain the name,address, and social security have been made either directly or indirectly from the full wages
number of each such worker, his or her correct o|eeaifioat|on' earned, other than permissible deductions maset forth in2QCFR
hourly rates of wages paid (including mb+s of contributions or Part 3;
costs anticipated for bona fide fringe benefits or cash equivalents
(3) That each laborer ormechanic has been paid not less than
thereof ofthe types described in Section | (h)(2)(B) of the Davis'
bacon Act)' daily and weekly number cfhours worked, deductions the applicable wage mah*a and fringe benefits or cash equivalents
for the o|aoui�uaUon of work performed, as specified in the
made and actual wages paid Whenever Secretary of Labor '
-"-- � applicable wage inoorpnro��di�oiheuontnmct
heefbundunder20CFR5�5(m�1��)�hat�hevm�eoofany|abomr .
or mechanic include the amount of any costs reasonably (c) The weekly submission ofoproperly executed certification set
anticipated in providing benefits under a plan or program forth on the reverse side of Optional Form WH-347 mhoU satisfy
described in Section Kb)(2)(8) of the Davis-Bacon Act, the the requirement for submission ofthe "Statement ofCompliance"
Contractor shall maintain records which show that the required bysubparagraph A.3.(ii)(b).
commitment hoprovide such benefits ioenforceable, that the plan (d) The falsification nfany ofthe above certifications may subject
orprogram iofinancially responsible,and that the plan orprogram the Contractor or Subcontractor to civil or criminal prosecution
has been communicated in writing to the laborers or mechanics under Section 1001 of Title 18 and Section 231 of Title 31 of the
affected,and records which show the costs anticipated orthe actual United States Code.
cost incurred in providing such benefits. Contractors employing (III) The Contractor or Subcontractor shall make the records
apprentices or trainees under approved programs ohe|| maintain required under subparagraph A.3.(i) uvoi|mb|o for inspedinn,
written evidence ofthe registration ofapprenticeship programs and copying, ortranscription byauthorized representatives ofHUD or
certification uftrainee programs,the registration ofthe apprentices its designee or the Department of Labor, and shall pomoii such
and trainees, and the ratios and wage mheo prescribed in the representatives to interview employees during working hours on
applicable programs. (Approved bythe Office ofManagement and the job. If the Contractor or Subcontractor fails to submit the
Budget under OMB Control Numbers|215-014Oand 1215-0017.) required records orho make them available, HUD orits designee
(ii) (a)The Contractor shall submit weekly for each week inwhich may, after written notice tothe Contractor, sponsor, applicant or
any contract work iaperformed acopy ofall payrolls huHUD orits ownmr, bake such action as may be necessary to cause the
designee ifthe agency iemparty 0othe contract, but ifthe agency|o suspension of any further puymerd, admsnoo, or guarantee of
not such u party, the Contractor will submit the payrolls to the funds. Fudhonnom, h*i|um to submit the required records upon
applicant aponuor, or owner, as the case may be, for transmission request or to make such records available may be grounds for
to HUD or its designee. The payrolls submitted shall set out debarment action pursuant hu2QCFR 5.12.
oonum1*|y and completely all of the information required to be 4.Apprentices and Trainees
maintained under 29 CFR 5.5(a)(3)(i) except that full social (i)Apprentices. Apprentices will bopermitted hnwork etless than
security numbers and home addresses shall not beincluded on the predetermined rate for the work they performed when they are
weekly transmittals. Instead the payrolls shall only need io include employed pursuant to and individually registered in a bona fide
on individually identifying number for each employee (eg., the apprenticeship program registered with the U.S. Department of
|met four digits of the employee's social security number. The Labor. Employment and Training Administration. Office of
required weekly payroll information may be submitted in any form Apprenticeship Training, Employer and Labor Semiwes, or with a
desired. Optional Form VVH-347imavailable for this purpose from State Apprenticeship Agency recognized by the Offiue, or if a
the Wage and Hour Division Web site at person is employed in his or her first Q0 days of probationary
or its i
employment aaanapprentice insuch onapprenticeship program,
The prime Contractor is /espv"m"=for the submission" of^"p'"s who is not individually registered in the pnognsm, but who has
of payrolls by all Subcontractors. Contractors and subcontractors been certified by the Office of Apprenticeship Tnaining. Employer
obaU maintain the full social security number and current address and Labor Services or a State Apprenticeship Agency (where
of each covered wmrker, and shall provide them upon request to appropriate) to be eligible for probationary employment as an
HUD nrits designee ifthe agency isaparty bothe contract, but if apprentice. The allowable ratio ofapprentices tojourneymen on
the agency imnot such aparty,the sponsor, orowner, asthe case the job site |nany craft classification shall not bogreater than the
may be, for transmission to HUD or its deo{Anoa, the con1nador, ratio permitted to the Contractor umhn the entire work force under
or the Wage and Hour Division of the Department of Labor for the registered program. Any worker listed on m poym|| at an
purposes ufaninvestigation uraudit nfcompliance with prevailing apprentice wage rate,who iynot registered orotherwise employed
wage requirements. |t |onot eviolation ofthis subparagraph for a uostated above, shall bepaid not less than the applicable wage
prime contractor to require a subcontractor to Provide addresses rate on the wage determination for the classification of work
and social moouh<y numbers 0othe prime contractor for its own
nmoords, vv|1huut weekly submission to HUD or its designee,
Previous edition is obsolete form HUD-4010(07/2003)
ref.Handbook z34wA
Page 7Of24
actually performed. |naddition,any apprentice performing work on
the job site in *xcaao of the ratio permitted under the registered Compliance with Copeland Act requirements. The Contractor
program shall be paid not |eao than the applicable wage rate on shall comply with the requirements of 29 CFR Part 3 which are
the wage determination for the work actually performed. Where incorporated byreference inthis contract.
Contractor is performing construction on project in e locality other Subcontracts. The Contractor orSubcon�adorwiU insert in any
than that inwhich its program imrogh�eed' the m�oeand wage
subcontracts the clauses contained in subparagraphs 1 through
rates (expressed in percentages nfthe journeyman's hourly rate) 11 of this paragraph A and such other clauses as HUD or its
d
spefiedintheCmntm�o�oorSuboontnado/ registered ~'
designee may by appropriate instructions require, and m copy of
shall heobaomod. Every aPpmndoemu��bepaid atnot less than the applicable prevailing wage decision, and 'a|oo a clausethe rate specified in the registered program for the apprentice's requiring the Subcontractors to include —`
these
o|au000 in any lower
level of progress, expressed as e percentage ofthe journeymen tier subcontracts. The prime Contractor ~'~|| be responsible for
hourly rate specified in the applicable wage determination.
the compliance by any Subcontractor urlower tier Subcontractor
Apprentices shall be paid fringe benefits in accordance with the with all the contract clauses inthis paragraph.
provisions ofthe apprenticeship program. |fthe apprenticeship 7' Contract termination; debarment.Abreach ofthe contract
program does not specify fringe benefits, apprentices must be paid
clauses in2SCFR 55may begrounds for tenninmUonofthe
the full amount benefitsinge benefits|ioh*d on the wage determination �
contract and for debarment aaaContractor and eSubcontractor
for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice
as provided in2S�F�5�12�
dooui5oatiun, fringes shall be paid in accordance with that D. Compliance with Davis-Bacon and Related Act
determination. In the event the Offima of Apprenticeship Training, Requirements. All rulings and interpretations of the Davis-Bacon
andR*|atedAc�unniainedin28CFRPm��1 3 and5arehemin
Employer and Labor Services, ora Sb�mAppmnUceahipAgency ' '
recognized bythe Office,withdraws approval ofunapprenticeship incorporated byreference inthis contract
program, the Contractor will no longer be permitted to utilize 9. Disputes concerning labor standards. Disputes arising out cf
apprentices atless than the applicable predetermined rate for the the labor standards provisions ofthis contract shall not bmsubject
work performed until anacceptable program ieapproved. \mthe general disputes clause ofthis contract. Such disputes shall
be resolved in accordance with the pnuooduoee of the Department(ii) Tnainem�. Excepteepmvidadin2gCFR5�1G'(mine�ev�Uno� ofLaborseifo�hin2QCFRpu�a5' 0' and7 Oiapuhenv�thin<he
be permitted towworkut less than the predetermined m� �r �o �
work pedbmn*d unless they are employed pursuant to and meaning of this clause include disputes between the Contractor
individuallyregistered in e program which has received prior (or any of its Subcontractors) and HUD or its designee, the U
S
approval, evidenced byformal certification bythe U.S. Department DopmrtmentofLabor, orthe employees ortheir representatives.of Lubor, 10 (1)Certification ofBiQibiUt�8yo�ohnginto this contract the
Employment and Training Administration. The ratio of '
' Conimdoroe�i�oeihatneithar�(norhenrohe)noranypemonor
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and firm who has uninterest 1nthe Contractor's firm ieeperson orfirm
Training Administration. Every 1ne|igiNetobeawarded Govemmentunntna�obyviduanfSeoUon
�
than the rate specified in the approved of the Davis-Bacon Act or 29 CFR 5ed program for the trainee's .12(o)(1) or to be
level of progress, expressed as a percentage of the journeyman awarded HUD oontmdanrpurboipa� in HUD programs pursuant hourly rate specified 1nthe applicable wage determination. Trahu24CFR Pa�24.
.
shall be paid hinge benefits in accordance with the provisions of (ii) No part of this contract ohmU be subcontracted to any person
the trainee program. |fthe trainee program does not mention fringe or finn ineligible for award of Government contract by virtue of
banefits, trainees shall bapaid the full amount offringe benefits Section 3(a)nfthe Duvie-BaoonAct or2OCFR 5.12(u)(1)ortobm
listed on the wage determination un|ooa the Administrator of the awarded HUD oon<mdo or participate in HUD programs pursuant
Wage and Hour Division determines that there is an to24CFR Part 24.
apprenticeship program associated with the corresponding (iii) The penalty for making false statements iaprescribed in the
journeyman wage rate on the wage determination which provides U.S. Criminal Code, 18 U.S.C. 1001. AdditionaUy, U.G. Criminal
for |eaa than full fringe benefits for apprentices. Any employee Code. Section 1 01 O. Title 18. U.S.C.. "Federal Housing
listed on the payroll at trainee nate, who is not registered and Administration Tnansac1ione^, provides in part: "Whoever, for the
participating in u training plan approved by the Employment and purpose of influencing in any way the action of such
Training AdminiotraUnn, shall be paid not less than the applicable Administration makea, utters or publishes any statement knowing
wage rate on the wage determination for the *mmk actually the same to be false shall he fined not more than $5.000 or
performed. |naddition, any trainee performing work onthe job site imprisoned not more than two years,urbotb.^
inexcess ufthe ratio permitted under the registered program shall 11. Complaints, Proceedings, orTestimony byEmployees. Nn
be paid not |eaa than the applicable wage naha on the wage laborer or mechanic to whom the vwago, oa|ory, or other labor
determination for the work actually performed. In the event the standards provisions of this Contract are applicable shall be
Employment and Training Administration withdraws approval of discharged or in any other manner discriminated against by the
training program, the Contractor will no longer be permitted to Contractor orany Subcontractor because such employee has filed
utilize trainees atless than the applicable predetermined xa0o for any complaint or instituted or oeumad to be instituted any
the work performed until anacceptable program is approved. proceeding or has testified or is about to testify in any proceeding
(iii) Equal employment opportunity. The utilization of under or relating to the labor standards applicable under this
appnenUoes, trainees and journeymen under 29 CFR port 5 shall Contract to his employer.
be in conformity vifth the equal employment opportunity B. Contract Work Hours and Safety Standards Act. The
requirements ufExecutive Order 1124O. asamended, and 29CFR provisions ofthis paragraph Bare applicable where the amount of
Part 30. the prime contract exceeds$1QO.00Q.Aoused inthis paragraph,the
terms^\abonara^and^mechanioo^include watchmen and guards.
Previous edition isobsolete form muo-+n1o(u7/znns)
ref.Handbook oww.z
Page 8Df24
(1) Overtime requirements. No Contractor or Subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics ohmU require or
permit any such laborer ormechanic inany workweek inwhich the
individual ioemployed nnsuch work 0nwork inexcess of40hours in
such workweek unless such |obumr or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate ofpay for all hours worked inexcess uf40hours |nsuch
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in
subparagraph (1) of this paragraph, the Contractor and any
Subcontractor responsible therefore shall be liable for the unpaid
wages. In addition. such Contractor and Subcontractor shall be
liable 0othe United States(in the case ofwork done under contract
for the District ufColumbia oraterritory,tosuch District urtmsuch
teni0ory), for liquidated damages. Such liquidated damages shall
be computed with respect 0ueach individual laborer ormechanic,
including watchmen and guardu, employed in violation of the
clause set forth in subparagraph (1) nfthis pwnegnaph, in the sum
of$1Ofor each calendar day onwhich such individual was required
orpermitted Uowork inexcess ofthe standard workweek of4Uhours
without payment ofthe overtime wages required bythe clause set
forth in sub paragraph(1)ofthis paragraph.
(3) Withholding for unpaid wages and liquidated
damages. HUD orits designee shall upon its own action or upon
vvhM*n request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or
Subcontractor under any such contract or any other Federal
contract with the same prime oontnacL, or any other federally-
assisted contract subject to the Contract Work Hours and Safety
Standards Act which is held by the same prime Contractor such
sums as may be determined to be necessary to satisfy any
liabilities nfsuch Contractor urSubcontractor for unpaid wages and
liquidated damages as provided in the o|auoa set forth in
subparagraph(2)ufthis paragraph.
(4) Subcontracts. The Contractor orSubcontractor shall insert
in any subcontracts the clauses set forth in subparagraph (1)
through (4) of this paragraph and also o clause requiring the
Subcontractors to include these deuoeo in any |nvwar tier
subcontracts. The prime Contractor shall be responsible for
compliance by any Subcontractor orlower tier Subcontractor with
the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety.The provisions ofthis paragraph Care
applicable where the amount ofthe prime contract exceeds
$100,000.
(1) No laborer or mechanic ahmU be required to work in
surroundings or under working conditions which are unaanibary,
hazardous, ordangerous bohis health and safety msdetermined
under construction safety and health standards promulgated by
the Secretary ofLabor byregulation.
(2) The Contractor shall comply with all regulations issued by
the Secretary ofLabor pursuant 0oTitle 2QPart 1Q28and failure
to comply may mouU in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act, (Public Law 81-
54. 83Stat 9U}.40 USC 3701 et seg.
(3) The Contractor shall include the provisions ofthis paragraph
in every subcontract mothat such provisions will be binding on
each Subcontractor. The Contractor shall take such action with
respect to any subcontract as the Sooebyry of Housing and
Urban Development or the Secretary ofLabor shall direct as u
means ofenforcing such provisions.
Previous edition iaobsolete form mua'4o1o(o7/000n)
etHandbook 1344,1
Page QOf24
SECTION 3 CLAUSE
(information for the Section 3Report will beinput mnLCPtracker)
3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects.
This clause applies tnconstruction contracts of$1O0.ODOormore, onprojects fundedvvith $2OU.00Oor
more in federal funds from the U.S. Department of Housing and Urban Development.
Assurance ofcompliance with regulations.
(A) Every contract oragreement for a grant. |oan, subsidy or other direct financial assistance in aid of housing,
urban p|anning, deve|mpmnent, nadeve|opnnent, or renewal, public or community facilities and new community
facilities and new community development, entered into by the Department of Housing and Urban
Development with respect to m Section 3 covered project shall contain provisions requiring the applicant or
recipient to carry mut the provisions of Section 3, the regulations set forth /n this pad, and any applicable
rules and orders of the Department issued thereunder prior to approval of its application for assistance for a
Section 3covered project.
(B) Every applicant, necipimnt, contracting party, Contractor and Subcontractor shall incorponaba, orcause hm be
incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause
(referred to as Section 3c|auao\:
a. The work to be performed under this contract is on a project assisted under program providing direct
federal financial assistance from the Department of Housing and Urban Development as is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968. as amended, 12 U.S.C.
1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment
be given to |oxvar income residents of the project area and contracts for work in connection with the
project be awarded to business concnrno, which are located or owned in substantial pad by persons
residing inthe area ofthe project.
b. The parties to this contract will comply with the provisions of said Section 8 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth to 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior to the execution of this contract.
The parties to this contract certify and agree that they are under no contractual orother disability, which
would prevent them from complying with these requirements.
c. The Contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement orother contract or undemdanding, if any, a notice advising the said
labor organizations or worker's representative of his commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment or
training.
d. The Contractor will include this Section 3 deuao in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of federal financial assistance, bake
appropriate action pursuant bxthe subcontract upon e finding that the Subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The Contractor
will not subcontract unless the Subcontractor has first provided him with a preliminary statement of ability
to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable
rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a
condition Ofthe federal financial assistance provided hothe project, b/nd(ngupontheeppiioentor
recipient for such assistance provided to the project, binding upon the applicant mrrecipient for such
assistance, its successors and assigns. Failure tofulfill these requirements shall subject the applicant 0r
recipient, its Contractors and Subcontractors, its successors and assigns, to those sanctions specified by
the grant or loan agreement or contract through which federal assistance is provided, and to such
sanctions aaare specified by24CFR 135
Page 10 of 24
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
Page 1 of 4
Page 11 of 24
AFFIRMATIVE ACTION COMPLIANCE C. Affirmative Action Plan requirements for NOW
C���m
GUIDELINES FOR CONSTRUCTION AND
'
NON-CONSTRUCTION CONTRACTORS 1. All Contraotona who have entered into a NOW
CONSTRUCTION CONTRACT and who: 1) do
These/#finnoiiveAction Compliance Guidelines have been business in the amount of$50,000 or more with
designed toprovide Contractors with information necessary the implementing entity in any one hnoa| year
0ucomply with Federal regulations found under Title 40. Part and, 2) employ 50 or more employees, must
80ofthe Code ofFederal Regulations. |timthe intent of develop o written /Nffinmabv* Action Program
these guidelines toinsure that equal opportunity for within 12Odays after the contract award date.
employment ispracticed bythe Contractor without regard 0n
2� AUSubcontractors nendehngoemiceoorsupplies
mon'color, omx' religion,national origin,disability, end
ioaContm�urinthoamnuntof$50OOOo/mom
vehenan'oete1us. Th000guideUneapmvidetheminimum '
and employ SO or more employees, must
infnnneUonneoosmaryt000mp|yv�dhEEQandaffinnuUve
action requirements,including develop � written /��nmobve Anion Program
' w|ihin12Odayeaf�r�hoonntmotawmndd�*
�
AffinnodveAm�onP|antho1oompUeewdthfmd*ro|regu|oUono
regarding Affirmative Action for federally-assisted projects.
Contractors D. E«em[�ioneun8m�41 CFR 60:
m
the U.S. Department ofLabor's Office ofFederal Contract The following persnneicontnsctashall beexempt from
Compliance Programs(UFCCP)officer for any necessary this program:
technical assistance inmeeting Affirmative Action
requirements ifthey are considering bidding under this 1. Acontract mrcontracts byaContractor that do
contract. not exceed S1Vl)UOinthe aggregate over a12'
|. AFFIRMATIVE ACTION COMPLIANCE PROGRAM month period.
2 Cordna�wforVVnrko�aidothoUnih*d
A The A�mmuUvo Action program embodies the �
A.
following principals: States
3. State and Local Governments
1� Discrimination because of race, oo|or, ego, oex,
mUgion, national ohgin, marital status, disability, 4. Contracts with certain educational
or veteran's status is inconsistent with the institutions
constitution, |own, and policies of the United
States, State of California and County of Sun 5. Work oncxnear Indian Reservations
Bernardino.
8. Spmmifiocontracts and facilities found
2. The implementing entity iocommitted tuinsuring exempt by
that there be no discrimination by vendona.
Contractors (including professional services and T. Deputy Assistant Secretary
consultants), |000urm or |oen��e doing business' 8 National security contracts
with the implementing entity.
Any Cnntmctorwhofeels qualified for anexemption
3. Contractors and 8uboonbadmme agree to take should contact ibelocal Contract Compliance Officer
of5nnabvo personnel actions to hire and promote or the U.S. Department ofLabor's OFCCP Officer for
workers who traditionally have been discriminated further information.
against in the job market, including wmmon,
minohUen, members of certain ethnic and It. SATISFYING AFFIRMATIVE ACTION PLAN
religious groups, individuals with dioobi|iUoo, and
veterans. A. Affirmative Action Plan requirements for NOW
CONSTRUCTION Contractors can be met through
B. Affinnabxe Action Step Requirements for the following:
CONSTRUCTION Contractors and Subcontractors:
1� Completing u Contract Compliance Qualifying
1. Personnel affirmative action inrecruitment, hiring, Report for Contractors and
and promotion in required by Contractor and Vendors, (refer to the form found in the
Subcontractors who have entered into ofederally- "Additional Required Documents/Sample
assisted construction or non-construction oon1nao\ Documents" section of Attachment ~D^ of the bid
that exceed $10.000 or$1O.D00in the aggregate package).
over a12-munthperiod.
2. Completing a Contractor's Affirmative Action
2� Contractors and Subcontractors who enter into a Policy, including methods nfrecruiting minnhUoo
CONSTRUCTION CONTRACT in excess of and women' If the Contractor does not have its
$10.000 must take 16 specific a0imnodve action own Affirmative Action Po|ioy, it may adopt the
steps to anouma equal employment opportunity. County's model Affirmative Action Policy((refer to
These steps are included in4{ CFR 6O-4.3(a)(7) the form found in the "Additional Required
and are also included under "Standard Federal Documents/Sample Documents" section of
Equal Employment Opportunity Construction Attachment~O~ nfthe bid pockage).
Contract Specifications" of Attachment ^D^ of the
bid package. 3. Following Federal Affirmative Action Plan
guidelines mtbh comply with the requirements of
41 CFR 60.2.10.
Page 2nf4
Page 12of24
DEFINITIONS
1� Has u physical or mental impairment which
Unless aprovision ofacontract otherwise requires, certain substantially limits one ormore ofsuch person's
words and phrases shall bedefined aafollows: major life activities.
A. "Affirmative Action" ioacommitment toincrease the 2. Has arecord orsuch impairment, or
number ofminorities and women inthe work force by
setting employment goals and timetables, including 3. Is generally regarded as having such an
action tnachieve objectives. Affirmative Action seeks impairment
0oensure that discrimination ioeliminated indealings
with employees orapplicants for employment whether M. "Implementing Entity" means public jurisdiction who ie
the discrimination iointentional orunintentional. In administering the contract.
addition,Affirmative Action seeks 0oimprove job
standards and productivity through the removal nf N. "Minority" includes:
artificial and unnecessary barriers toemployment and
promotion and ensure that all job actions are related 18|onk (all persons having origins in any Black
tojob pmd �bnnano*meeounam �
African racial groups not ofHispanic uhgin);
B. "Affirmative Action Plan" is ewhden affirmative plan
required ofContractors and Subcontractors who have 2. Hispanic (all persons ofMexican, Puerto Rican,
50 or more employees and have entered into a Cubmn. Central or South American or other
contract with the implementing entity that exceeds Spanish Culture ororigin,regardless ofmno);
$50.000 or $50.000 in contracts over u 12-month
period. 1 Asian or Pacific Islander (all persons having
origins in any of the original peoples of the Far
C. ^Conhoo[ means mfederally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or
offer and acceptance, |eeoe, agreement or other the Pacific|e|ando);
arrangement creating an obligation to which the
implementing entity iaaparty, which would make one 4. American India or Alaskan native (all persons
ofthe parties within the dafinitinnaContractor. having origins in any of the native peoples of
North America and maintaining identifiable tribal
D. "Construction" means the oonstmo1ion, rehuhi|itation, affiliations through membership and participation
a|teruUon, onnvomion, extension, demolition or repair incommunity idendfioabon).
of buiNingn, highways or other changes or
improvements to n*ai property, including facilities O. "Non-construction Contract" means any contract that
providing utility services. does not fall within the definition of "Construction
E. ^Cnnt"Contractor" moana u prime Contractor or Contract".
Subcontractor. P. "Officer" means the Contract Compliance 0fDo*r of
the implementing entity or U.S. Department of Labor
F. "Covered Area" means the geographical anau Office of Federal Contract —Department
Program
in the solicitationsolicitationfrom which the contract
resulted; (OFCCP)Officer.
G. "Director" means Director, OFCCp' U.S> Dept. of U. ^pemone^ means any individual, firm, m+partnemhip,
public ammioe joint ea000iaUnn 000i�| club,
Labor, or �h� Director ' ' ' '
' �ob+ma| organization, corporation, estate, trust
authority to; ' ' '
' receiver, syndicate CO`Y, county, municipal
H. "Employee" means one who pedbnna work for uorporuUon, district or other political aubdiviaion, or
compenaedion, or o person who is permanently or any other group orcombination acting eaounit.
regularly employed by the Contractor or
Subcontractor. R. ^UndemU|izaUon^ means having fewer minorities or
women in o particular job o|maaiUuaiion than would
|. "Employer Identification Number" means the Federal reasonably b*expected bytheir availability,
Social Security Number;
S. ^Viainam-EnaVeteran"means aperson who:
J. "Handicapped Status"means any person who:
1� Served on actual duty for a period of more than
1. Has a physical or mental impairment, which
18U days, any part of which occurred between
substantially limits one or more of such person's August 5. 1064. and May 7. 1975, and was
major life activities. discharged urreleased there from with other than
udishonorable discharge;or
2 Hamen�cordurouohimpainnentur.
2, Was discharged urreleased from active duty for o
Q. Is generally regarded as having such anservice-connected disability if any part of such
active duh/ mmy performed between August 5,
'
18O4. and May 7. 1075.
K. "Employer Identification Number" means the Federal
Social Security Number;
L. "Handicapped Status"means any person who:
Page aof4
Page 13Of24
T. Violation and Appeal Procedure:
1 A Contractor found in violation of equal
uppoMundy/affirmobvaucUun laws will be referred
to the U.S. Department of Labor's OFCCP
Nvieion, and the Solicitor for Labor, Associate
Solicitor of Labor Relations and Civil Rights
Regional Solicitors and Regional Attorney are
authorized to institute enforcement proceedings
by filing compliant and serving that compliant to
the Contractor (defendanQ, in accordance with
procedures set forth in 41 CFR 60-30.5. The
complaint shall contain information on the alleged
vio|ubon, u prayer regarding the relief being
sought, and the name and address ofthe attorney
representing the Government. Within 20 days
after receiving the complaint, the defendant shall
file an answer with the Chief Administrative Low
Judge, ifthe case has not been assigned tnun
Administrative Law judge.
2. The answer shall contain astatement ofthe facts
which constitute the ground ofdefense, and shall:
1) specifically admit, explain, urdeny each ofthe
allegations ofthe complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the aUmguL1una contained in
the complaint. The answer may contain m waiver
form hearing and if not, a separate paragraph in
the answer shall request hearing. The answer
ehmU contain the name and address of the
defendant, or of the attorney representing the
defendant. Failure to fi|a an answer or plead
specifically to an allegation of the complaint shall
constitute anadmission ofsuch allegation.
3. Contractor agrees to fully comply with the laws
and pn/gnoma (including regulations issued
pursuant thereto) identified herein. Such
compliance in required to the extent such |uwa,
programs and their regulations are, bytheir own
0ennm. applicable to this contract. Contractor
warrants that he will make himself thoroughly
familiar with the applicable provisions of said
|owm, pnogramm, and regulations prior to
commencing pednnnunoa of the contract.
Copies of said |ave, pnogromo, and regulations
are available upon request from the implementing
entity's Contract Compliance Offine/, or from the
U.S. Department ofLabor's OFCCPOfficer bothe
extent applicable the provisions of said |owm
programs and regulations are deemed to be a
part ofthis contract ooiffully set forth herein,
4� Vietnam Era Veterans' Readjustment Assistance
Acts of1QT2and 1Q74. aaamended. Pub. L. 02'
540. Title V, See 503(a), Pub. L 93'508. Title |Y.
Sec.4O2.(38USCA2O11-2O13).
5. Rehabilitation act of 1973. as amended
(Handicapped) Pub. | 93'112 as amended. (29
USCA7U1-794).
O� California Fair Employment Practice Act. Labor
Code Soc. 1410 otsoq,CivU Rights Act uf 1964.
as amended (42 USCA200Oato2000H-6) and
Executive Order No. 11246. September 24. 1005.
as amended.
Page 4or4
Page 14Of24
E��� ������U� ������ � � ���U�� � ��nu� ��
EQUAL required by Executive Order 11246 ofSeptember 24.
The Contractor and Subcontractors not found 1965' and by mles, regulations and orders of the
Secretary of Labor, pursuant and will permit
e��rnptu�der4� ���|���-�'�. �mene�uime�t� uucema to his buo , mouondo, and accounts by the
cammp|ywith the following equal opportunity administering agency and Secretary of Labor for
clauses as acondition mf being awarded a purposes o/investigation bnascertain compliance with
federal|y-assimtedcontract. Each nonexempt prime such rules, regulations,and orders
Contractor shall include equal employment
opportunity clauses in each of its nonexempt the
In the event of the Contractor's noncompliance with
the nondiauhminaUun clauses of this contract or with
Subcontractors. any of such m|ea, regulations or orders, this onntneot
may be ounoe|od, terminated or suspended in whole
EQUAL OPPORTUNITY CLAUSE FOR or in part, and the Contractor may be declared
FEDERALLY-ASSISTED CONSTRUCTION ineligible for further Government contracts in
CONTRACTS accordance with procedures authorized in Executive
Order 11246ofSeptember 24. 1Q85. and such other
This clause ieinserted pursuant hoExecutive Order 11240nf sanctions may beimposed and remedies invoked ue
September 24. 1AG5.aoamended,and Title VII ofthe Civil provided inExecutive Order 1124SofSeptember 24.
Rights Act of1S64.and iaapplicable pursuant to41CFR 19O5. orhyrule, regulation ororder ofthe Secretary
Sec.60-1.4. The following requirements apply hu ufLabor, oraeotherwise provided bylaw.
Contractors and Subcontractors
(7) The Contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or
(1) The Contractor will not discriminate against any
employee or applicant for employment because of purchase order unless exempted bym|ee regulations
orordmrnof�heSoon�aryofLaborinnued'pureuoni0o
race, color, religion, eex, or national origin. The Section 2O4 of Executive Order 11�4O of September
Contractor will take affirmative action to ensure that
applicants are employed, and that employees are 24' 1805, oothat such provisions will be binding upon
each �ubonntna�ororvendor The Contractor will
treated during employment without regard to their take such a��ionv�#� neopon1 �nyouboontmo< nr
moe, no|or, re|igion, nex, national origin. Such action purchase order
~ agency may direct
ohmU include, but not b� limited to the following: contracting
' �
Employment, upgrading, demotion, or transfer; as o means of enforcing such provisions,
including recruitment or 000muibneni advertising; layoff or sanctions for non'oomp-|'—~ianuo—'^ Provided,
'^howmver,
'
termination; rates of pay or other forms of that in the event the Contractor becomes involved in,
compensation; and selection for training, including oriathreatened with, litigation with a Subcontractor n
apprenticeship. The Contractor agrees to post in vendor useresult— such direction bythe contracting
conspicuous p|uoeo' available to employees and agency,
the Contractor may request the United States
to enter into such litigation to protect the interests of
upp|inun�oforemp|oymant� notices0obepmvidadby the United�mtes
the conbaoUngo�oorne�ing forth the provisions of .
this nondiscrimination clause. The applicant further agrees that itwill bebound by
dhwabove equal nppn�un�ydaueewith mepeottoits
(2) The Contractor will, in all solicitations or owmemp|oymentpmcUooawhenitpa�iuiput*ein
advertisements for employees placed by or on behalf h*demUyasoi�ad construction work; provided,that if
nfthe Conba�u�ota��that all quaUU*dappUoantov�U the applicant soparticipating ioastate orlocal
receive consideration for employment without regard government,the above equal opportunity clause is
torace,color,religion,sex, ornational origin. not applicable 10any agency,instrumentality ur
aubdivieiunofauohgnvemmontvvhichdoeunnt
(3) The Contractor will send to each labor union or parUoipa0*inwmrkonorunder�hmoontmd
representative of workers with which he has a .
collective bargaining agreement orother contract nr The applicant agrees that itwill assist and cooperate
understanding, anotice hobeprovided bythe agency actively with the administering agency and the
contracting offioor, advising the labor union or Secretary ofLabor ino�oiningthe compUonoemf
workers' representative of the Contractor's Contractors and Subcontractors with the equal
commitments under Section 202 of Executive Order opportunity clause and the rules,regulations, and
11248ufSeptember 24. 1885. and shall post copies relevant orders ofthe Secretary of Labor,that itwill
of the notice in conspicuous p|ouao available to furnish the administering agency and the Secretary of
employees and applicants for employment. Labor inobtaining the compliance ofContractors and
Subcontractors with the equal opportunity clause and
(4) The Contractor will comply with all provisions of the rules, regulations,and relevant orders ofthe
Executive Order 11248ofSeptember 24. 1QO5and of Secretary oLabor,thathwill furnish the
the m|em. regulations, and relevant orders of the administering agency and the Secretary ufLabor such
Secretary ofLabor. information asthey may require for the supervision nf
such compliance,and that itwill otherwise assist the
administering agency inthe discharge ofthe agency's
primary responsibility for securing compliance,
Page of
Page 15Df24
The applicant further agrees that itwill refrain from (3) Employment Service System wherein the opening
entering into any contract orcontract modification nooum. The Contractor further agrees 0oprovide
subject 0oExecutive Order 1124ofSeptember 24. such reports to such local office regarding
1A65.with aContractor debarred from,orwho has employment openings and hires as may be
not demonstrated eligibility for Government required.
contracts and federally assisted construction
contracts pursuant buthe Executive Order and will (4) UdinQe of employment openings with the
carry out such sanctions and penalties for violation employment service system pursuant\othis clause
ofthe equal opportunity clause uemay beimposed shall bemade atleast concurrently with the use of
upon Contractors and Subcontractors bythe any other recruitment anunm or effort and shall
administering agency orthe Secretary ofLabor involve the nonno| obligations which attach to the
pursuant 10Part||.Subpart Dnfthe Executive placing of m bona fide job ond*r, including the
Order. |naddition,the applicant agrees that ifit acceptance of referrals of veterans and non-
fails orrefuses tocomply with these undertakings, veterans. The listing ufemployment openings does
the administering agency may take any orall ofthe not require the hiring of any particular job applicant
following actions: Cancel,terminate, orsuspend in orfrom any particular group ofjob applicants, and
whole orinpart this grant(conimct. loan, insurance, nothing herein ieintended hurelieve the Contractor
guamntee).refrain from extending any further from any requirements in Executive Orders or
assistance tothe applicant under the program with regulations regarding nondiscrimination in
respect tuwhich the failure orrefund occurred until employment.
satisfactory assurances offuture compliance has
(5) The reports required byparagraph (2)cf this clause
been received from such applicant, and refer the shall include, but not bolimited to, periodic reports
case hothe Department ofJustice for appropriate which shall be filed at |eem* quarterly with the
legal proceedings. appropriate local office or,where the Contractor has
|naddition Vothe above,Contractor will agree to more than one hiring location in eState, with the
furnish all information and reports, including central office of that State Employment Service.
Standard form EE[-1.ifapplicable,bthe U.S. Such reports shall indicate for each hiring location,
Equal Employment Opportunity Commission (e) the number of individuals hired during the
(EEOC)and the U.S.Department ofLabor's reporting period, (b) the number of non-disabled
OFCCP.morequired byExecutive Order No. 11248 veterans ofthe Vietnam Era hired, (c) the number
of disabled veterans of Vietnam Era hired,' and
(d)the total number ofdisable veterans hired. The
EQUAL OPPORTUNITY CLAUSE FOR
reports shall include covered veterans hired for on-
thm-job training under 38 USC Seo. 1787. The
SPECIAL DISABLED VETERANS Contractor shall submit ereport within 3Odays after
AND VETERANS OFTHE VIETNAM ERA the end o/ each reporting period wherein any
pohonnunoo is made on this contract identifying
This clause isinserted pursuant tuExecutive Order 117U1 of data for each hiring location. The Contractor shall
January 24. 1973 and the Vietnam Era Veterans maintain at each hiring |ocation, copies of the
Readjustment Assistance Acts of1072and 1A74(P.L�Q2- reports submitted until the expiration of one year
54O. Q3-5U8). and ioapplicable pursuant to41CFR Sec.8O- after final payment under the contract, during which
250. time these reports and related documentation shall
(1) The Contractor will not discriminate against any be made avmi|ab|o, upon nequmat, for examination
employee nrapplicant for employment because he byany authorized representatives ofthe contracting
or she is o disabled veteran or veteran of the officer urnfthe Secretary ofLabor. Documentation
Vietnam Em in regard to any position for which the would include personnel records respecting job
employee urapplicant for employment inqualified. openings, recruitment and placement.
The Contractor agrees io take mfOmnodve action to
employ, advance in employment and otherwise bound
Whenever the Contractor becomes contractually
treat qualified disabled veterans and veterans of the bound to the listing provisions of this clause, it shall
Vietnam Era without discrimination based upon advise the employment service efeiem in each
Gbshm where it has establishments of the name and
their disability or veterans status in all employment
practices such an the fn||nv�ng� employment, |ncaUonofeachhihng|ocabonintheStaba. As long
upgrading, demotion or transfer, recruitment, provisions
the Contractor is contractually bound to these
advertising, layoff nrtenninabon. ny0ee of pay or provisions ond has so advised the State system,
other fbnno of compensation, and selection for there is no need 0u advise the State system of
training, including apprenticeship. subsequent contracts. The Contractor may advise
the State system when itiunolonger bound bythis
(2) The Contractor agrees that allsuitable employment contract clause.
openings ofthe Contractor which exist etthe time of
(7) This
th*exenuUonofthiyonntmmtandtboaawhiohocour clause does n'� apply hm the listing of
during the performance of this contract, including employment openings, which occur and ona filled
outside of the 50 States, the District of Columbia,not generated by this contract and including
those occurring at an establishment of the
pueduRiou. �uamandthoVi�gin |s|ande�
Contractor other than the one wherein the contract
is being performed but excluding those of
independently operated corporate affiliates, shall be
listed a1onappropriate local office ofthe State
Page 2of8
Page 16 Of 24
KD The provisions ufparagraphs (2). (3). (4) and (5) of
this clause do not apply to openings which the (Q) The Contractor agrees tocomply with the rules,
Contractor proposes to fill from within his own regulations and relevant orders of the Secretary of
organization ortofill pursuant 0oacustomary and Labor issued pursuant 0othe Act.
traditional employer - union hiring arrangement.
This exclusion does not apply to a particular (10) |nthe event ofthe Contractor's noncompliance with
opening once an employer decides to consider the requirements of this dous*. actions for
applicants outside of his own organization or noncompliance may be taken in accordance with
employer-union arrangement for that opening. the m|em, regulations and relevant orders of the
Sacn�aryofLabor ieou*dpumuenttntheAu
(9) As used inth|ao|oume� `.
a. "All auKallo employment openings" includes, (11) The Contractor agrees to post in conspicuous
but ienot limited to. openings which occur in P|acen, available to employees and applicants for
the following job categories: production and mmP|uyment, notices inaform hob* prescribed by
non'prnduuUun; plant and office; laborers and the Director, provided bynrthrough the contracting
mechanics; supervisory and non-supervisory; dffioar. Such nnboon shall state the Contractor's
technical; and axecudve, administrative and obligation under the law\otake affirmative action ho
professional openings aaare compensated on employ and advance in employment qualified
a salary basis ofless than $25.000 per year. disabled veterans and veterans of the Vietnam Era
The tann includes full-time employment, for employment, and the rights of applicants and
temporary employment of more than three employees.
days duration, and part-time employment. It
du*n not include openings which the (12) The Contractor will notify each labor union or
Contractor proposes iofill from within his own representative of wmdmm with which it has a
organization or to fill pursuant to a customary collective bargaining agreement or other contract
and traditional employer - union hiring understanding, that the Contractor is bound by the
arrangement or openings in an educational terms ofthe Vietnam Era Veterans' ReocUumbnont
institution which are restricted to students of Assistance Act, and iacommitted totake affirmative
that institution. Under most compelling action to employ and advance in employment
circumstances an employment opening may qualified disabled veterans and veterans of the
not be suitable for |ieiing, including such Vietnam Era.
situations where the needs nfthe Government
cannot reasonably be otherwise supplied, (13) The Contractor will include the provisions of this
whore listing would be contrary in national o|auoo in every subcontract or purchase order of
s*curity, or where the requirement of listing $10.000 or more unless exempted by m|ea,
would otherwise not bafor the best interest nf regulations or orders of the Secretary issued
the Government. pursuant to the Act, on that such provisions will be
binding upon each Subcontractor orvendor. The
b. "Appropriate offiuo of the State Employment Contractor will take such action with respect to any
Service System" means the local office nfthe subcontract orpurchase order onthe Director ofthe
federal - oh*be national system of public Office of Federal Contract Compliance Programs
employment offices with assigned may direct to enforce such pnoviniono, including
responsibility for serving the area whore the action for noncompliance.
employment opening is to be filled, including
the District of Colombia, Guam, Puerto Rico (14) Collective bargaining t or other contract
end�heVlrgin|n|ondo� undem�ndingthat the Contractor isbound bythe
terms of the Vietnam Era Veterans' Readjustment
o� "Openings which the Contractor proposes ooas to Assistance Act, and iscommitted tutake affirmative
fill fromwithin his own organization" means action to employ and advance in employment
qualified disabled veterans and veterans of the
employment openings for which no V|etnemEna
consideration will be given to persons outside .
the Contractor's organization (including any (15) The Contractor will include the provisions ofthis
afh|iates, subsidiaries and the parent clause inevery subcontract orpurchase order uf
companies) and includes any openings which $10.000 mrmore unless exempted by m|ea.
the Contractor proposes to 0| from regularly regulations ororders ofthe Secretary issued
established^nsoaU^lists. pursuant hzthe Act,oothat such provisions will be
binding upon each Subcontractor orvendor. The
d. "Openings which the Contractor proposes tofill Contractor will take such action with respect toany
pursuant to a customary and traditional subcontract orpurchase order aothe Director ofthe
employer ' union hiring arrangement" means Office ofFederal Contract Compliance Programs
employment openings which the Contractor may direct toenforce such provisions, including
proposes tofill from union halls,which|mpart of action for noncompliance.
the customary and traditional hiring relationship
which exists between the Contractor and
representatives ofhis employees.
Page 3ofo
Page 17 Of 24
` ` ^
v
`
EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous
WORKERS WITH DISABILITIES
places, available to employees and applicants for
employment, notices in aform 0o be prescribed by
- -
Thisclauseis inserted pursuant to the Director, provided -w
nrthrough the contracting 1873(P1�Q3-112)and 41CFR Sec.60-741-4. omoor.
(5) Such notices m��� m�dethaConb�o��m
(1) Th ContractorvNU not discriminate against thelaw to take obligation
employee or applicant for employment because of under
o employ
physical or mental handicap in regard to any and advance in employment qualified handicapped
position for which the employee or applicant for employees and applicants for employment, and the
employment is qualified. The Contractor agrees to rights of applicants and employees.
~'~ affirmative^ action to employ,� advance— in (6) The Contractor will
employment and otherwise treat qualified representative of workers with which it has a
handicapped individuals without discrimination collective bargaining agreement or other contract
based upon their physical or mental handicap in all understanding, that the Contractor is bound by the
employment practices such as the following: terms of Section 503 of the Rehabilitation Act of
employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to
recruitment, advertising, layoff or termination, rates employ and advance in employment physically and
of pay or other forms of compensation, and mentally handicapped individuals.
selection for training,including apprenticeship.
(2) The Contractor agrees to comply with the rules, (7) The Contractor--� will include— the provisions'-- of this
in n�u��nmand ��o� ��m �d� ��� �
Seclause every
subcontract or purchase order of
Labor issued pursuant 10the Act. $2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
(3) In the event of the Contractor's non-compliance '----nt to Section --- of the—
w8h the this c|ause, actions for provisions will be binding—` ~
pon each Subcontractor
noncompliance may be taken in accordance with or ---. The Contractor— - —ill' --- --ch--------
the mbm' ' ulationand ndmmmd orders of the r--p--'
Uoany subcontract orpurchase order amthe
Director of the O�om of Federal ContractSecmtaryofLoboriaeuodpumuanttotha/�t. Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
Page 4afa
STANDARD FEDERAL EQUAL must be able to demonstrate their participation in
EMPLOYMENT OPPORTUNITY
and compliance with the provisions ufany such
Hometown Plan. Each Contractor nrSubcontractor
CONSTRUCTION CONTRACT PROVISIONS participating in an approved Plan is individually
/������K�V�l[U��� ����U��EK� �����, �������V���PJ7[T�� required0acomply w�h �nnb|Nabunmunder the
'
41 ��F�� 60~4.3 EEO clause, and to make o good faith effort to
/e\
` ' achieve each goal under the Plan in each trade in
which it has employees. The overall good faith
1� As used in these specifications: pedbnnanue by other Contractors or Subcontractors
toward o goal in an approved Plan does not excuse
a� "Covered on�a^ means the geographical area any onv*md Cnn(nodo/nor8ubcontm�o�afailure
described in the solicitation from which this
contract resulted; to take good faith effbhstoachieve Plan goals and
'
' timetables.
h. "Director means Director, C�ua � Federal
4 The Contractor shall implement the specific
Contract Programs, United Sb�e �
affirmative action standards pn�—vded� in paragraphs
Department of LabLabor, orany person to whom 7athrough pufthese opoc�— no. The goals set
the Director delegates authority; forth in the ou|ioi(ahnn from which the contract
resulted are expressed on percentages of the totalc� "Employer identification number" means the resulted
sof employment and training of minority and
Federal Social Security number used on the female utilization the Contractor should reasonableEmp|oye�aOuaherFodena| Tax Return. U.S. the able to achieve in each construction trade in
TmeeuryDaparbnanif�nn041� which it has employees in the covered area.
Covered construction Contractors performing
"Minority"includes: construction work in geographical areas where they
do not have a federal or federally eamiohmd
(i) Black (all persons havingohginsinanynf construction contract shall apply the minority and
the Black African racial groups n«� of female goals established for the geographical area
Hispanic origin); where the work is being performed. Goals are
published pehodiom||yinthe FEDERAL REGISTER
(ii) Hispanic (all persons of Mexican, Puerto
Rican, in notice fnnn. and such notices may be obtained
Central or Cuban, Contract any Office of Federal Cnn� ct Complianceor other Spanish Culture or origin, from
Office or from federal procurementregord\0000frece)� contracting officers. The Contractor ioexpected io
make substantially uniform progress in meeting its
(iii) Asian and Pooi�o Islander (all personsgua|oineach om�duhng1hopohndup*oi�*d�
having ohginoinany ofthe ohgina| peoples
of the Far East, Southeast Asia the Indian' 5 Neither the pmvisions of any ooUecUv* bargaining
8ubuonbnend orthePaci�c |e|endn)� mnd �
' ' agreement, nor the failure by union with whom the
Contmdorhas mooUmobwebargaining agmoment. to
(iv) American Indian or Alaskan Native (allContractor
either minorities or women shall excuse the
pena�nohavingohgin� inanyuf�heuhg{no| Con�e�or.eob|igahonounder these op*cihcadone.
peop|eeofNo�h America end maintaining Executive Order 11246 or the regulationsidentifiable tribal affiliations through pmmu|gatedpurouun�1hon�o�
memb*�hipand pa�iuipahnnorcommunih/
identification). 6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting
Whenever the Contractor, or any Subcontractor at the gna|o. such apprentices and trainees muni be
any#mr. ouboontm�naporUonofthe work involving employed by the Contractor during the traininganyoona�uoUon �mde. it shall physically include in
each subcontract in excess of $10period and the Contractor must have made
OU0 the' commibnenthoempk�y�heappmynUueaand �ruineee
provisions of dhona specifications and the Noticecommitment
the completion of their training, subject to the
which contains the app|icob|egoa|� forminohtyand '
availability nfemp|oymen1oppo�un��an� Trainees
female participation and which is set forth in the must be trained pursuant to training programsmo|iui�abonmhnmwhioh�hia�nn�roo1eau|0ad
� approved bythe U£. Department ofLabor.
1 |fthe Contractor inparticipating (pursuant to41 CFR 7 The ConbodnruhuUtake mpe�fioaf5nnodveaohona
60-4.5) in a Hometown Plan approved by U.S. �
� � � toensure equal employment opportunity. The
Department of Labor in the covered area either evaluation ofthe Contractor's oump|iamo with these
individually or\hmughanoasociaUon. its affinnadve np*uificat|onyehaUbebased upon�oe - hmactiona �on obligations on all work in the Plan area ��-
�v�
achieve maximum results from its actions. The
(including Oou|e and timetables) mhuU be in Contractor shall document these efforts fully,and
accordance with the plan for those trades which shall implement afDhmadveaction steps a1least ae
have unions participating in the Plan. Contractors extensive asthe follow 18steps:
Page 5nfa
Page 19Qf24
to the sources compiled under 7b
o. Ensure and maintain a working above.
environment free of hamoemerd.
|nbmidaUon, and coercion at all sites, f. Disseminate the Contractor's EEO
and in all facilities at which the policy by providing notice of the policy
Contractor's employees are assigned to unions and training programs and
to work. The Contractor shall requesting their cooperation in
specifically ensure that all fnmmen, assisting the Contractor in meeting its
aupohn0ynden|a, and other on-site EEO obligations byincluding itinany
supervisory personnel are aware of policy manual and collective bargaining
and ouny out the Contractor's agreement; by publicizing it in the
obligation to maintain such m working company newspaper, annual report,
onvinunnmn1, with specific attention to etc.; by specific review of the policy
minority or female individuals working with all management personnel and
atsuch sites nrinsuch facilities. with all minority and female employees
atleast once ayear;and byposting the
b� Establish and maintain e current list of company EEO policy on bulletin boards
minority and female recruitment accessible tuall employees that each
aounmn, provide written notification to |noahnn where construction work is
minority and female recruitment performed.
sources and to community
organizations when the Contractor or g. Review, at |omo1 unnuuUy, the
its unions have employment company's EEO policy and affirmative
opportunities available, and maintain a action obligations under these
record ofthe organizations' responses. apodfioaUunn with all employees
having any responsibility for hiring,
C. Maintain a uunnni file of the namee, assignment, layoff,termination orother
addresses and telephone numbers of employment decisions including
each minority and female off-thm'wLnao< ^ specific review of these items with
applicant and minority or female onsite supervisory personnel such as
ndena| from a union, u recruitment Superintendents, General Foremen,
source orcommunity organization and etc.. prior to the initiation of
ofwhat action was taken with moped construction work at any job site. A
to each such individual. If such written record shall be made and
individual was sent to the union hiring maintained identifying the item and
he|| for nafenn| and was not referred place of Nhoao meetings, persons
back hothe Contractor bythe union or, attending, subject matter dieoueaed,
if nefonod, not employed by the and disposition ofthe subject manner.
Contractor,this shall bedocumented in
the file with the reason Uherefom, along h� Disseminate the Contractor's EEO
with whatever additional uoUona the policy externally byincluding it in any
Contractor may have taken. advertising in the news media,
epeoifioa|k/ including minority and
d. Provide immediate written notification female news modia, and providing
to the Director when the union or written notification to and discussing
unions bargaining agreement has not the Contractor's EEO policy with other
referred to the Contractor a minority Contractors and Subcontractors with
person or woman sent by the whom the Contractor does or
Contractor, orwhen the Contractor has anticipates doing business.
other information that the union referral
process has impeded the Contractor's L Direct its recruitment efforts. both oral
efforts 0umeet its obligations. and written, 0nminority, female and
community orgenizmbonm, to schools
a, Develop on-the-job training with minority and female students and
opportunities and/or participate in to minority and female recruitment and
training programs for the area which training organizations serving the
expressly include minorities and Contnaoko/o recruitment suuoe, the
women. including upgrading programs Contractor ohm|/ send *hMan
and apprenticeship and trainee notification to organizations such as
programs relevant to the Contractor's the above, describing the npeninga,
employment n*eda, especially those screening prouodunaa, and tests to be
programs funded or approved by the used inthe selection process,
Department ofLabor. The Contractor
shall provide notice of these programs
Page Go/8
Page 20 of 24
j. Encourage present minority and female the employment nfminorities and women in the
employees to recruit other minority induehy, ensures that the oonon*he benefits of
persons and women and. where the program are reflected in the Contractor's
neaoonab|a, provide after echou}, minority and female workforce participation
summer and vacation employment to makes o good faith effort to meet its individual
minority and female youth both on the goals and timetables, and can provide access ho
site and in other onsao of a dooumentaiion, which demonstrates the
Contractor's work force. effectiveness ofactions taken on behalf nfthe
Contractor. The obligation tucomply, however.
k. Validate all tests and other selection isthe Contractor's and failure ofsuch agroup 0o
requirements where there is on fulfill anobligation shall not beadefense for the
obligation to do so under 41 CFR Part Contractor's noncompliance.
6O-3.
Q� A single goal for minorities and u separate
|. Conduct. at least annuoUy, on single goal for women have been established.
inventory and evaluation at least of all The Conbodnr, however, is required to provide
minorOty and female personnel for equal employment opportunity and to bake
promotional opportunities and affirmative action for all minority gmupm, both
encourage these employees to seek or male and fema|e, and all wmmen, both minority
to prepare for, through appropriate and non-minority. Consequently,the Contractor
training,etc,such opportunities. may be in violation of the executive order if a
particular group is employed in a substantially
M. Ensure that seniority pmohoeo, job disparate manner(for example, even though the
u|aonifioatinno, work assignments and Contractor has achieved its goals for women
other personnel pnaoho*m, do not have generally, the Contractor may be in violation of
a discriminatory effect by continually the Executive Order if specific minority group
monitoring all personnel and ofwomen iaundomh|ized).
employment related activities to ensure
that the EEO policy and the M The Contractor eho|| not use the goals and
Contractor's obligations under these timetables or affinnabv* action standards to
specifications are being carried out. discriminate against any person because of
race, color, religion,sex,urnational origin.
n. Ensure that all feoi|idma and company
activities are non-segregated except 11. The Contractor shall not enter into any
that separate orsingle-user toilet and Subcontract with any person or firm deboned
necessary changing facilities oheU be from Government contracts pursuant to
provided tuassure privacy between the Executive Order 11240.
sexes.
12. The Contractor shall carry out such sanctions
a. Document and maintain o record of all and penalties for violation of these
solicitations of offers for subcontracts specifications and of the Equal Opportunity
from minority and female construction C|auoe, including suspension, termination and
Contractors and ouppUeno, including cancellation of existing subcontracts as may be
circulation of solicitations to minority imposed orordered pursuant 0nExecutive Order
and female Contractor associations 11246. as amended, and its implementing
and other business associations. mgu|uUonm, by the Offio* of Federal Contract
Compliance Programs.Any Contractor who fails
p- Conduct review, at least annually, of to carry out such sanctions and penalties ahuU
all supervisors; adherence to and be in violation of these apocihoeUono and
pedbnnonoe under the Contractor's Executive Order 1124O.aoamended.
EEO policies and m8innabve action
obligations. 13. The Contractor, in fulfilling its obligations under
these specifications, shall implement specific
voluntary
are encouraged to participate in a#innative�u8on�epa. at|myo1aaex1enaiveua
vo|un%ary associations which aemiai in fulfilling affirmative
standards prescribed in paragraph 7 of
one or more of their affirmative action
dheseapec�o�Uonm. suanbmaohiev� maximum
obligations The efodacfaConbudmr results from do efforts 10 ensure equal
association, joint Contractor-union, Contractor- emp|oyment opportunity. If the Contractor tui�e
community or other similar group of which the to comply with the requirements of the
Cmntm�oriou member and parUnipantmay be Executive Ondar, the implementing regulations,
am fu�||ing any one or more of its or these specifications, the director shallob|igu$|onupnmidodthattheContmdorauUve|y praue�dina000wdmnoav�1 41C�F0O-4�S�
participates in the gnuup, makes every effort to -
assure that the group has a positive impact on
Page 7o/8
Page 21Of24
residents (e.g. those under the Public Works
14. The Contractor shall designate o responsible Employment Act of 1077 and the Community
official to monitor all employment related activity Development Block Grant Pmgram).
0mensure that the company EEO policy iabeing
uoniud out, to submit reports relating to the a) The notice set forth in 41 CFR 60-4.2 and
provisions hereof as may be required by the the specifications set forth in41CFR 8O-43
Government and to keep records. Records mp|ooe the New Form for Federal Equal
shall at |eeoo include for each employee the Employment Opportunity Bid conditions for
name, addreeo, telephone numbero. Federal and federally Assisted Construction
construction bndo, union affiliation if any, published at 41 CFR 32482and commonly
employee identification number when assigned, known as the Model Federal EEO Bid
social security numb*r, mue, sex, status (e.g., Condi1ione, and the New Form ehmU not be
maohankc,apprentice trainee, he|per, or laborer) used after the regulations in 41 CFR Part
dates of changes in stutus, hours worked per S0-4become effective.
week in the indicated tnado, rate of pay. and
|oomUone at which the work was performed. Minority Goals
Records shall be maintained in an easily The goal for the utilization mfwomen employees on
understandable and retrievable form; howeve/, federally-assisted construction contracts iaset at0.A%.
to the deQnaa that existing monnia ouUafy this
mquimment. Contractors shall not be required The goal for utilization mfminorities,based onthe
tumaintain separate records. Standard metropolitan Statistical Area(SyNSA)for
Riverside/San Bernardino County is 19%.15. Nothing herein prnv�edshaUbeconohnndaua
limitation upon the application of other laws For additional information onthese goals,please contact
which establish different standards of the OFCCP'PmcifioRegion ut(415)D48'090S�
compliance or upon the application of
requirements for the hiring nflocal orother area
Page 8o(8
Page 22 of 24
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to federally assisted construction contracts
and related subcontracts exceeding $100,000)
During the performance of this Contract, the Contractor and all Subcontractors shall comply with the
requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et. seq., the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to
the owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the
performance of any nonexempt Contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act,
as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as
well as all other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of
Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in
paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the
Contractor will take such action as the Government may direct as a means of enforcing such
provisions.
Page 23 of 24
-insert-
CURRENT AVIS-BACON WAGE DETERMINATION WHEN
CONSTRUCTION PROJECT GOES OUT TO BID
Page 24 of 24
COUNTY OF
SAN BERNARDINO
3'
ECONOMIC DEVELOPMENT AGENCY
� l
CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH
DAVIS-BACON AND RELATED ACTS REQUIREMENTS
PRIME CONTRAC70R
PROJECT NAME: PROJECT CODE:
PROJECT ADDRESS:
PRIME CONTRACTOR NAME:
As the Prime Contractor for the above referenced project. I hereby make the following certification and
acknowledgment with respect to the applicability of"pAVIS-BACON AND RELATED ACTS"requirements:
1
1. By entering into this contract I certify and acknowledge that the above referenced project is
federally funded and, as the Prime Contractor, I am solely responsible for complying with the "DAVIS-BACON
AND RELATED AST "requirements;and
2. The Prime Contractor and all Subcontractors are required to pay their laborers and mechanics
j employed a wage not less than the highest wage applicable to their work classifications. If no federal work
classification appears to apply, the Prime Contractor shall make a written request to the County of San
Bernardino to obtain the applicable work classification and wage rate prior to the start of construction. The i
Prime Contractor is solely responsible for ensuring that all Subcontractors are in compliance with the
"DAVIS-BACON AND RELATED ACTS"requirements.
PRIME CONTRACTOR DATE
PRIME CONTRACTOR SIGNATURE TITLE
IF PRIME CONTRACTOR IS A CORPORATION OR PARTNERSHIP
LIST THE LEGAL NAMES AND TITLES OF ALL PARTNERS OR CORPORATE OFFICERS.
NAME TITLE
II'
NAME TITLE
NAME TITLE
NAME TITLE
NAME TITLE
EXHIBIT:A
COUNTY OF
SAN BERNARDINO
; I ECONOMIC DEVELOPMENT AGENCY
ti
SUBCONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH
DAVIS-BACON AND RELATED ACTS REQUIREMENTS
■ R
PROJECT NAME: PROJECT CODE:
PROJECT ADDRESS:
PRIME CONTRACTOR NAME:
SUBCONTRACTOR NAME:
As the undersigned Subcontractor, having executed a contract with the above named contractor on the
j above referenced project, hereby make the following certification and acknowledgment with respect to the
applicability of"DAVIS-BACON AND RELATED ACTS"requirements:
a. By executing a contract with the above named contractor, I/we certify and acknowledge that the above
referenced project is federally funded and will comply with the "DAVIS-BACON AND RELATED ACTS"
requirements.
2. I/we have read the "LABOR COMPLIANCE CONTRACT ADDENDMW including the wage determination for
the above referenced project. I/we acknowledge the receipt and adherence to following provisions set forth
in the"FEDERAL LABOR STANDARDS PROVISIONS"before participation on this project.
3. I/we will include the "LABOR COMPUANCE CQNTRACr ADDENIDUM" including the wage determination
for the above referenced project in any lower tier subcontracts/purchase orders executed. I/we will forward
to Prime Contractor a copy of all executed subcontracts/purchase orders to any lower tier subcontractors
within seven(7)days of the execution date.
SUBCONTRACTOR
DATE
SUBCONTRACTOR SIGNATURE TITLE
IF SUBCONTRACTOR IS A CORPORATION OR PARTNERSHIP
LIST THE LEGAL NAMES AND TITLES OF ALL PARTNERS OR CORPORATE OFFICERS.
NAME TITLE
NAME TITLE
NAME TITLE
NAME TITLE
NAME TITLE
i COUNTY OF
SAN $ENARDINO
ECONOMIC DEVELOPMENT AGENCY
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
PRIME CONTRACTOR -- -
PROJECT NAME: PROJECT CODE:
PROJECT ADDRESS:
INSTRUMON5
This certification is required pursuant to Executive order 11245 [30 F.R. 12319-251. The implementing
4 rules and regulations provide that any bidder or prospective contractor, or any of their proposed Subcontractors,
shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous (
contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether it has filed all compliance E,
reports due under applicable instructions.
4
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven(7)calendar days after bid
opening. No contract shall be awarded unless such report is submitted.
BIDDER'S CERTIFICATION
BIDDER'S NAME:
ADDRESS:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
❑ Yes ❑ No (IF YES, identify the most recent contract.)
(IF NO,contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission,
EEOC at 800-669-4000 or online at h"p://www.eeoc.gov/eeoisurveV/index.htmi.
2. Compliance reports were filed in connection with such contract or subcontractor with the Joint Reporting
Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
❑ Yes ❑ No ❑ None Required
3. Has Bidder ever been or is bidder being considered for sanction due to violation of EXECUTIVE ORDER 11246, as
amended. http://www.dol.gov/compliance/`laws/`co.mp-eeo.htm
❑ Yes ❑ No
Certification: The information above is true and complete to the best of my knowledge and belief.
PRIME CONTRACTOR(Print Name) TITLE
CONTRACTOR SIGNATURE DATE
EXHIBIT: B
CO U N TY OF
SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
CERTIFICATION BY PROPOSED SUBCONTRACTOR
REGARDING EQUAL EMPLOYMENT OPPORTUNITY
SUBCONTRACTOR
PROJECT NAME: PROJECT CODE:
PROJECT ADDRESS:
INSTRUCTIONS
` This certification is required pursuant to Executive Order 11246. (30 F.R. 12319-25). The
!, implementing rules and regulations provide that any bidder or prospective Contractor, or any of their
proposed Subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it i
has participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and,
If so,whether It has filed all compliance reports due under applicable instructions.
4
k Where the certification indicates that the Subcontractor has not flied a compliance report due
under applicable Instructions, such Subcontractor shall be required to submit a compliance report
before the Prime Contractor approves the subcontract or permits work to begin under the subcontract. ,
No contract shall be awarded unless such report Is submitted.
SUBCONTRACTOR'S CERTIFICATION
SUBCONTRACTOR'S NAME:
ADDRESS:
1. Subcontractor has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause.
Yes F No (IF YES, identify the most recent contract.)
(IF NO,contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commissi
contact EEOC at 800-669-4000 or online at http://www.eeoc.gov/eeolsurvey/index.html.
2. Compliance reports were filed in connection with such contract or subcontractor with the Joint Reporting
Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
Yes ❑ No ❑ None Required
3. Subcontractor has ever been or is being considered for sanction due to violation of EXECUTIVE ORDER
11246, as
amended. http://www.dol,goy/compliance/laws/comp-eeo.htm
❑ Yes ❑ No
Certification: The information above is true and complete to the best of my knowledge and belief.
SUBCONTRACTOR(Print Name) TITLE
SUBCONTRACTOR SIGNATURE DATE
EXHIBIT:C
COUNTY OF
SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
AFFIRMATIVE ACTION COMPLIANCE FORM
FOR CONSTRUCTION CONTRACTS OVER $10,000
CONTRACTORPRIME O.
PROJECT NAME: PROJECT CODE:
COMPANY—CONTRACTOR NAME:
I '
1 Please check the box that applies to your company to affirm an understanding and implementation of
i AFFIRMATIVE ACTION COMPLIANCE requirements and that you have read and completed the
requirements for the project as noted below:
® I / We have reviewed and understand the "CONSTRUCTION CONTRACT LABOR COMPLIANCE
PROVISIONS (ATTACHMENT D)" of the bid package and/or "LABOR COMPLIANCE CONTRACT
ADDENDUM".
MANDATORY REQUIREMENT
❑ I / We DO currently maintain an effective Affirmative Action Program. The Affirmative Action
Program complies with the Standard Federal Equal Employment Opportunity Construction Contract
Provisions Executive Order 11246, pursuant to 41 CFR 60-4.3 (a) and will furnish a copy upon request.
❑ I / We DO NOT currently maintain an Affirmative Action Program. I / We agree to the Equal
Opportunity Clause for Federally-Assisted Construction Contracts (Executive Order 11246), as
amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR 60-1.4) of
"CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT DY' of the bid package
and/or "LABOR COMPLIANCE CONTRACT ADDENDUM".
Personnel affirmative action in recruitment, hiring and promotion is required by Contractors and
Subcontractors who have entered into a federally-assisted construction contract that exceeds
$10,000 or $10,000 in the aggregate over a 12-month period. Contractors or Subcontractor who
enter into a "Construction Contract" in excess of $10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity. These steps are included in 41 CFR 60-4.3 (a) (7)
and are also included under "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" of "CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS
(ATTACHMENT D)" of the bid package and/or "LABOR COMPLIANCE CONTRACT ADDENDUM".
I certify the information above is true and complete to the best of my knowledge and belief.
CONTRACTOR(Print Name) TITLE
CONTRACTOR SIGNATURE DATE
EXHIBIT:D
COUNTY OF
' SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
CERTIFICATE OF UNDERSTANDING
AND AUTHORIZATION FORM
PRIME CONTRACTOR SUBCONTRACrOR
I ** Complete If Owner/Officer Is NOT Signing Statement of Compliance**
PROJECT NAME: PROJECT CODE:
COMPANY-CONTRACTOR NAME:
The undersigned certifies that the company princioal(s). and the authorized payroll officer have
read the most current "DAVIS-BACON LABOR STANDARDS" (A Contractors Guide to Prevailing
Wage Requirements for Federally-Assisted Construction Projects) and understand the labor
` standards clauses pertaining to this project including the pre-construction conference discussions
and all related documents required for this project by the implementing agency in the pre-
construction checklist package.
THE FOLLOWING PERSON(S) IS DESIGNATED AS THE PAYROLL OFFICER FOR THE UNDERSIGNED COMP
CONTRACTOR AND IS AUTHORIZED TO SIGN THE STATEMENT OF COMPLIANCE WHICH WILL ACCOMP
EACH WEEKLY CERTIFIED PAYROLL REPORT FOR THIS PROJECT.
PAYROLL AGENT(PRINT NAME) PAYROLL AGENT(SIGNATURE)
OWNER/OFFICER (PRINT NAME) OWNER/OFFICER(SIGNATURE)
TITLE(PARTNER/CORPORATE OFFICER OR OWNER) DATE
*** A PAYROLL OFFICER MAY SELF-CERTIFY AUTHORIZATION TO SIGN PAYROLL REPORTS ONLY IF
A SOLE-PROPRIETOR. ALL OTHERS MIDST HAVE AUTHORIZATION FROM A SECOND CORPORATE
OFFICER/PARTNER OR OWNER. ***
EXHIBIT: E
FRINGE BENEFIT STATEMENT FORM
PROJECT NAME: PROJECT CODE:
COMPANY—CONTRACTOR NAME:
Use this farm to identify_ e enefit Plan(s)In which your employees are participating.List all,thrc� s pr Crus#ees tc which
your firm makes fringinterest of your employees.Provide an hourly equivalent of each fra ow.Payrolls will be
monitored to ensurett gates are being paid.,Additionaldocumentation maybe required
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE OR TRAVEL PAY$:
FRINGE BENEFIT HOURLy4Jt)U ADDRESS AND CCSNTACT IIFORMAI ION OF PIAN,FUND OR PROGRAM
VACATION/HOLIDAY$: NAME:
ADDRESS:
CONTACT INFORMATION:
HEALTH&WELFARE$: NAME:
ADDRESS:
CONTACT INFORMATION:
PENSION$: NAME:
ADDRESS:
CONTACT INFORMATION:
APPRENTICE/TRAINING$: NAME:
ADDRESS:
CONTACT INFORMATION:
OTHER$: NAME:
ADDRESS:
CONTACT INFORMATION:
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE OR TRAVEL PAY$:
FRINGE BENEFIT HOURLY-- t3tltl�: �3V1 ;ADDRESS AND CONTACT INFORMATION OF PLAN,FUND OR PROGRAM ,
VACATION/HOLIDAY$: NAME:
ADDRESS:
CONTACT INFORMATION:
HEALTH&WELFARE$: NAME:
ADDRESS:
CONTACT INFORMATION:
PENSION$: NAME:
ADDRESS:
CONTACT INFORMATION:
APPRENTICE/TRAINING$: NAME:
ADDRESS:
CONTACT INFORMATION:
OTHER$: NAME:
ADDRESS:
CONTACT INFORMATION:
I certify under penalty of perjury that fringe benefits are paid to the approved plans,funds or programs as listed above:
CONTRACTOR(PRINT NAME) TITLE
OWNER/CONTRACTOR SIGNATURE DATE
EXHIBIT: F
FRINGE BENEFIT FORM INSTRUCTIONS
Sui"fo,tern nts MUST be submitted during the rk
J sange in rate of any of the Classifications--
NOTE:
lassifications NOTE: To receive credit for employer paid benefit contributions, plans must be bona fide and contributions must be
documented. On the Fringe Benefit Statement, indicate the name, address and phone number of the administrator of
the Plan,Fund or Program.
VACATION PLAN/PAID HOLIDAY DOCUMENTATION: Please submit copies of your company's policy for employer paid
vacation and holidays. For vacation, please explain how you track the vacation hours for each employee. Additionally,
please submit copies of monthly reports or statements from the bank/fund depository showing that the plan and
vacation amounts are available for the workers.
HEALTH AND WELFARE DOCUMENTATION: For your Health & Welfare Pian, please submit copies of the plan
documentation indicating monthly or quarterly billings for the covered benefits(and delineating all benefits per worker),
as well as statements and copies of checks transmitted by your company to the trust fund or plan for these benefits.
PENSION PLAN DOCUMENTATION: Please submit copies of the plan documentation from the Plan Administrator including
the plan summary, account balances, monthly or quarterly transmittals into the account and copies of checks
transmitted by your company as payments into the accounts.
APPRENTICE/TRAINING DOCUMENTATION: Please submit copies of the Apprentice/Training Certification Letter from your
Federally Registered Program Sponsors. The apprenticeship program must be registered with the Department of Labor
(DOL), Office of Apprenticeship. Include level, step or period of the apprentice; apprentice's wage scale and ratio
information.A training or apprentice wage can be paid only if the trainee is registered in a DOL approved apprenticeship or
training program or with a State Apprenticeship Agency recognized by DOL. Otherwise, the individual is to be paid the
Davis-Bacon and Related Acts(DBRA) prevailing wage rate for the classification of work that they are performing regardless
of their skill level.(Federal regulations DO NOT REQUIRE the employment of apprentices on federally funded projects)
OTHER DOCUMENTATION: Please submit copies of explanation, monthly reports or statements and plan documentation
from the Plan Administrator for all "OTHER" company paid plan(s). The implementing agency will verify plan(s) for
employer to receive credit.
FRINGES PAID IN CASH:Indicate if some or all fringes will be added to the employee's basic hourly rate.
If your company does not operate under a collective bargaining agreement or contribute based on an hourly amount;
you may use the following formulas to compute hourly benefits. Please be advised that examples are provided only to
demonstrate how the formulas are used.
Annual Calculation:The annual calculation is based on 2080 hours per year(40hrs x S2 weeks per year)
Formula: Employee's Basic Hourly Rate x Number of Benefit Hours (8 Hrs a Day x Number of Days) divided by
2080
Annual Hours.
Example: At$20/Hr,with 80 vacation hours a year,the hourly rate would calculate as follows:
$20 X 80 Hrs=$1,600 divided by 2,080 hours per year=$.77
Fringe Benefit Hourly Amount:$.77
Monthly Calculation:The monthly calculation factor 173.33 is based on 2080 hours per year divided by 12 months.
Formula:Monthly Benefit Plan Contribution divided by 173.33
Example:If employer pays$200/month for a medical benefit,the monthly hourly rate calculates as follows:
A monthly plan contribution of$200 divided by 173.33=$1.15
Fringe Benefit hourly amount:$1.1S
J COUNTY OF
SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
AUTHORIZATION FOR PAYROLL DEDUCTION(S)
PRIME CONTRACTORSUBCONTRAL70R
PROJECT NAME: PROJECT CODE:
COMPANY-CONTRACTOR NAME:
EMPLOYEE NAME: EMPLOYEE #:
f MAST be completed and signed by the employee who has "OTHER/GARNISH" deduction(s) subtracted
from his/her payroll. Deduction types include: Alimony. Child Support, other Court-Ordered Deductions
or Garnishments. Uniforms. 403K. Loans, Advance Pavbacks, or Insurance. etc. This form is to be
submitted before the first Certified Payroll reflecting the deduction(s). ALL "Other/Garnish" deductions
must be accompanied by su»oortine documentation.
DEDUCTION TYPE: EXPLANATION FOR DEDUCTION(S): WEEKLY AMOUNT:
i
I, HEREBY AUTHORIZE
(PRINT EMPLOYEE NAME) (COMPANY-CONTRACTOR NAME)
TO MAKE THE ABOVE LISTED DEDUCTION(S) FROM MY PAYROLL CHECK. IT IS UNDERSTOOD THAT
THESE
DEDUCTIONS ARE IN THE INTEREST OF THE EMPLOYEE AND NOT A CONDITION OF EMPLOYMENT, OR A
' DIRECT
OR INDIRECT FINANCIAL BENEFIT ACCRUING TO THE EMPLOYER, AND NOT OTHERWISE FORBIDDEN BY
LAW.
EMPLOYEE SIGNATURE DATE
CONTRACTOR SIGNATURE DATE
EXHIBIT:G