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HomeMy WebLinkAboutCC RESO 14,081RESOLUTION NO. 14,081 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING EXECUTION OF A GRANT AGREEMENT (CDBGP) WITH THE CALIFORNIA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT WHEREAS, the City Council by its Resolution No. 12,530 adopted November 15, 1977 authorized the Community Development Commission to prepare applications on behalf of the City for funds pursuant to the U.S. Housing & Community Development Act, and if approved to administer programs utilizing such funds; and WHEREAS, the City Council, by adoption of Resolution No. 13,939 on December 14, 1982, authorized and directed the Community Development Commission to apply to the State of California, Department of Housing & Community Development for a Small Cities Grant in the amount of $600,000; and WHEREAS, the City Council, by the adoption of Resolution No. 13,994 on March 8, 1983, authorized and approved the specific application for filing with the State; and WHEREAS, the State, by letter dated June 10, 1983, informed National City of the State approval of said Application in the amount of $600,000 and has offered a Grant Agreement for the program as set forth in the Application and it is in the City's interest to execute the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California that the Mayor is authorized to execute, on behalf of the City of National City, a Grant Agreement (CDBGP, Contract No. 82-STBG-010) with the California Department of Housing and Community Development in the amount of $600,000 and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED this 28th day of June, 1983. Kile Morgan, or ATTEST: ATTEST: Ions Campbell, Cis Clerk CDBG GRANT AGREEMENT FORM 1/83 GRANT AGREEMENT Grantee: City of National City Program Title: Home Improvement Loans Grant Number: 5Cr-6/0 Grant Period: June 30, 1983 - August 30, 1984 Grant Amount: 5600,000 Date of Agreement: May 17, 1983 This agreement will provide official notification of the grant award under the State's administration of the Housing and Community Development Block Grant Program for Non -Entitlement Jurisdictions pursuant to the pro- visions of 42 U.S.C. 5301, et seq., 24 CFR Part 570, Subpart I, and 25 California Administrative Code Sections 7050 through 7124. In accepting this grant award the Grantee agrees to comply with the terms and conditions of this agreement and all attachments hereto, the representations contained in the Grantee's application (hereinafter "the Application"), which is hereby incorporated by reference as if set forth in full, and the requirements of the authorities cited above. 1. General A. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material - men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this agreement. B. The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. C. The State may terminate this agreement and be relieved of the payment of any consideration to Grantee should Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such a termination the State may proceed with the work if it so determines, in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Grantee under this agreement, and the balance, if any, shall be paid the Grantee upon demand with proper documentation. D. Without the written consent of the State, this agreement is not assignable by Grantee either in whole or in part. E. Time is the essence of this agreement. F. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and no oral -2- understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. G. The grant amount to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's approved expenses incurred in the performance hereof unless otherwise expressly so provided. 2. Work to be Performed The Grantee agrees to fully perform the work described in Attachment A, Section 1, (hereinafter "the Work") and more fully described in the Application. 3. Grant Amount For the purposes of performing the Work, the State agrees to pay to Grantee the amount specified in Attachment A, Section 3. In no instance shall the State be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. Payment will be made following receipt and approval of the Expenditure Summary :and Payment Request Report. Grantee agrees to administer this grant in accordance with the provisions of Section 7098 through, and including, Section 7124 of Title 25 of the California Administrative Code. 4. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. -3 - 5. Method of Payment A. To receive payment for the Work performed, or to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State, a duly executed Expenditure Summary and Payment Request Report. The Grantee shall submit all Expenditure Summary and Payment Request Reports to the Department of Housing and Community Development, Community Development Program (G3), Attention: Program Fiscal Officer, 921 Tenth Street, Sacramento, California, 95814, or any other address of which the Grantee has been notified in writing. The State shall not authorize payments unless it determines that the work has been performed in compliance with the terms of this agreement and its attachments. B. Within 30 days after receipt by the State of Grantee's appropriately documented Expenditure Summary and Payment Request Report, the State shall make the approved payment to the Grantee. 6. Commencement and Term This agreement is effective on June 30, 1983. However, Grantee agrees that Work shall not commence prior to execution of this agreement by the State, unless expressly authorized, in writing, to do so. This agreement shall terminate on the date set forth in Attachment A and Grantee agrees that the Work shall be complete by that date unless a written request for an extension is approved in advance and in writing by the State. -4- 7. Termination by the State A. The State may terminate this agreement at any time for good cause by giving at least 30 days notice in writing to the Grantee. Good cause shall consist of violations of this agreement, the regulations contained in 25 California Administrative Code §§7050 to 7124, 24 CFR Part 570, Subpart I, the Housing and Community Development Act of 1974, as amended, or upon the request of HUD. B. It is mutually understood between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the agreement were executed after the determination was made. C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year 1982-83 for the purposes of this program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms or funding of this agreement in any manner. D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. -5- E. The State has the option to terminate this agreement under the 30-day cancellation clause or to amend the agreement to reflect any reduction of funds. 8. Contractors and Subcontractors A. The Grantee shall not enter into any agreement, written or oral, with any contractor without the prior written approval by the State of the Contractor's eligibility. The State will not approve any contractor or subcontractor who is not licensed in California, or who is otherwise ineligible to receive federal funds. 8. The agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, to: 1) Perform the Work in accordance with the federal, state and local housing and building codes as are applicable. 2) Comply with the Labor Standards described in Attachment C of this agreement as are applicable. In addition to the requirements of Attachment C, all contractors and subcontractors must comply with the provisions of the California Labor Code as are applicable. 3) Comply with such of the Equal Opportunity Requirements, described in Attachment D of this agreement as are applicable. 4) Maintain at least the minimum state -required Worker's Compensation Insurance for those employees who will perform the Work or any part of it. -6- 5) Maintain, if so required by law or the State, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the contractor or any subcontractor in performing the Work or any part of it. C. Pursuant to Section 7120(c) of Title 25 of the California Administrative Code, Grantee shall submit to the Department for pre -award review and approval all proposed contracts and related procurement documents, such as requests for proposals and invitations for bids, where the contract amount exceeds $10,000 and only one bid or proposal is received, or a "brand name" product is specified, or the contract is to be awarded sole source. 9. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. The State reserves the right to inspect any work performed hereunder to see that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, with this Agreement. C. The Grantee agrees to require that all work found by such inspec- tions not to conform to the applicable requirements be corrected, and to withhold payment to the contractor or subcontractor until it is so corrected. -7- 10. Records A. All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by the State, shall be retained for a period of not less than three (3) years from the date of termination of this agreement. B. If so directed by the State upon termination of this agreement, the Grantee shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the State as depository. 11. Audit A. All records, accounts, documentation and other materials deemed relevant to the Work by the Department shall be accessible at any time to the authorized representatives of the State, on reasonable prior notice, for the purposes of examination or audit. B. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grante. Expenditures for work not described in Attachment A shall be deemed authorized if the performance of such work is approved in writing by the State prior to the commencement of such work. C. Absent fraud or mistake on the part of the State, the determination by the State of the allowability of any expenditures shall be final. -8- D. Grantee shall initiate an audit in compliance with Section 7122 of Title 25 of the California Administrative Code of all funds and work done pursuant to this agreement either within 90 days after project completion or two years after the effective date of this agreement, whichever is earlier. E. The State shall not approve any expenditure for the audit report until receipt and approval of the final audit report by the State. 12. Compliance with State Law and Regulations The Grantee agrees to comply with all State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Grantee, its subgrantee's, contractors, or subcontractors, and the Work. 13. Environmental Requirements This agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Grantee assumes responsibility to fully comply with CEQA's requirements regarding the Work. In addition, the Grantee shall comply with the provisions of the National Environmental Policy Act (NEPA) by following the procedures contained in 24 CFR Part 58. The release, by the State, of program implementation funds is hereby conditioned upon compliance with CEQA and NEPA. 14. Compliance with Federal Law and Regulations The Grantee agrees to comply with all Federal laws and regulations applicable to the CDBG program and to the Work, and with the required Federal Provisions set forth in Attachment E. -9- 15. State Coordinator The coordinator of this agreement for the State is the Program Manager of the Community Development Program, Division of Community Affairs, or the successor in that position. 16. This agreement shall be accompanied by a certified resolution from the Grantee's governing body authorizing its execution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers hereunder, and their official seals to be hereto affixed, as of the day and year first above written. California Department of Housing and Community Development Grantee CITY OF NATIONAL CITY, CALIFORNIA By By Kile rgan Date: (Title) Mayor Date_ ATTEST: Date: Campbell, City i erk 1' 9 L9 '3 TyF5 -10- Department of General Servrces Use Only AMOUNT ENCUMBERED UNENCUMBERED BALANCE $ ADJ. INCREASING ENCUMBRANCE PROGRAM/CATEGORY tCODE AND TITLE) 2620/25212 (OPTIONAL USE) ITEM 2240-101-890 CHARTER 326 ITT -cities Block grant STATUTE 1982 FISCAL YEA. 1982-8. A. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE3 local Assistance 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. !O. B.R. NO. SIOiATURE OF ACCOUNTING OFF EA DATE 1 hereby certify that all conditions for exemption set forth to State Administrative Manual Section 1=1 have been comp/ted with and this document tr exempt from review by the Depsrtment of Finance. SIGNATURE OF OFFICER SING ON e M .F OF THE AGENCY' DATE ATTACHMENT A Section 1 - Work Description City of National City ATTACHMENT A Page 1 of 2 The Grantee shall perform the Work, consisting of the rehabilitation of forty- eight (48) housing units, as described in the Application and in accordance with the timeframe established by the Grantee in the Application. Section 2 - Completion Date All work shall be completed no later than August 30, 1984. City of National City ATTACHMENT A Page 2 of 2 Section 3 - Grant Amount and Operating Budget The grant award of S600,000 consists of $540,000 for home improvement loans and $60,000 for general administration of the program. Specifics of the budget shall be agreed upon by the State and the Grantee. City of ;Jational Cit. ATTACHMENT B Page 1 of 1 ATTACHMENT B Special Conditions There are no special conditions. All materials submitted as addendum to the original Application are hereby incorporated as part of the Application. ATTACHMENT C Page 1 of 2 Labor Standards 1. State Labor Standards Provisions All contractors and subcontractors shall give the following certifications to the Grantee: A. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the pro- visions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." B. "It is further agreed that, except as may be provided in Section 1815 of the Labor Code, the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontractor shall forfeit, as a penalty, twenty-five dollars for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than 8 hours in any calendar day or more than 40 hours in any calendar week." The Grantee shall also comply with the provisions or Sections 1720 et seq. of the Labor Code regarding the payment of prevailing wages where applicable. 2. Federal Labor Standards Provisions A. Davis -Bacon Act 1. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Contractor and all subcontractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of S10,000, 29 CFR 5a.3. B. Debarred Contractors No contracts awarded in furtherance of this agreement shall be made to any Contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor or Department of Housing and Urban Development to receive a- award of such contract. „:: cnment 0 Page 2 C. "Section 3” Clause The following clause applies to this agreement, and is also to be inserted in all subcontracts for work in connection with the Project: 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urba Developoment Act of 1968, as amended, 12 U.S.C., 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of sai Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the ex:zution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copie of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at th direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upo a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of th Department issued thereunder prior to the execution of the contract shall be a' condition of the Federal financial assistance provided t the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to thos sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ATTACHMENT D Page 1 I. State Fair E:;mployment Practices Addendum A. In the performance of this contract, the Contractor will not dis- criminate against any employee or applicant for employment because of race, color, religion, ancestry, sex*, aye*, national origin, or physical handicap*. The Contractor will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, color, religion ancestry, sex*, age*, national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employ- ment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of ca:-pensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. B. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purposes o= investigation to ascertain compliance with the Fair Employment Practices section of this contract. C. Remedies for Willful Violation: 1. The State may determine a willful violations of the Fair Employment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. 2. For willful violation of this Fair Employment Practices provi- sion, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may be come due to the Contractor, the difference between the price named in th.e contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. Pace 2 2. Federal Equal Employment Opportunity Requirements A. For all construction contracts for less than 510,000 In carrying out the program, the Contractor shall not discriminate against any employee or a=plicant for employment because of race, color, religion, sex, or •3tional origin. The Contractor shall take affirmative action to in re that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selec- tion for training; including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the Federal Government setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without rec.rd to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (A) in all of its contracts for program work, except contracts governed by paragraph (B) of this sect,on, and will require all of its contractors for such work to be incorporate such requirements in all subcontracts for program work. B. For all construction contracts of S10,000 or more: I. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Opportunity Construction Contract Specifications" set forth below. 2. The 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, are as follows: Coals for Minority Participation for each trade (See Appendix A, attached hereto) Goals for female participation for each trade 6.9% A These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implemen- tation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall -,ake a good faith effort to employ minori- ties and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Dire:tor of :he Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion— dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, thL "covered area" is City of National City (Insert description of the geographical areas where the contract is to be performed giving the state, county, city, if any.) II. Section 202 Eaual Opportunity Clause During the performance of this contract, the contractor agrees as follows: 1 The Contractor will not discriminate against the employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and thatemployees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commit- ment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. -• - 6. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of the sentence imnied- iately.preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided however, that in the event a contractor becomes involved in, or is threat- ened with, litigation with a subcontractor or vendor as a result of such direction by the Department,.the Contractor may request the United States to enter into such litigation to protect the interest of the United States. III.Standard Federal Equal Employment Dpprrt,inity Construction Contract Specifications (Executive Order 11246) 1. As used in.these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Deoartment Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regard- less of race); (iii)Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affil- iations through membership and participation or community identifi- cation) . 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall phys- ically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and C moi'_ anoiisiioiloa sdi ni rdiaoi isa 21 doidw yns .bsilL2si iosainoo 2idi rfoiriw of insu2Yuq) pniisc_oiiasc 21 aoiosainoO edi al .E sr{i yd bsvo-gqL nslq nwoisnoH s ni (2.P-Oa 5130 14 seas boaevoo edi ni aod5J 3o inemi1so90 .2.0 ,noiisloo225 nF dpuoar{i ao yllsubivibr,i aedii9 ni >:1ow 118 no anoiispildo noiios sviisr.al as 2i1 Ilsr{a (aeldsiomli bnc, also? pr:lbuloni) seaF, nslq edi aebsai 92Odi 1oi nslq isrii r{itw sons51000s ni ed -noU .nslq edi ni pr its .ioiiuso ancinw evsd r{oinw aiedi eis132no.-_ 3 opt s1d5 ed i2Um aaoiosai 2noiaivoag edi riiiw eon_ilq,-oo bns ni noii5gioiiisg ao loicsainoD rdcs.ar .nslq nwoismoH rioua yns ao 21 nslq bsvoaggs ns ni pr.iisgioiiisq ioiosainoodu2 2noiispi1do ail rfiiw ylc,roo of b911ups1 yllsubivibni r{iis3 5002 s e):s,:: of bns ,sausl0 03E edi 1ebru .. 11059 ni nslq sdi asbnu Isop dose ev91ri05 oi i1oa39 boo? 11saevo eidT . aseyolame asri ii r{oir{w ni sb51i -noodu2 10 aaoios=ino0 asriio yd sonsrrtolasa nitbi ion aeob ns141 bsvolgcs ns ni 1sop 5 baswoi eaoiosai s'aoiosain00du2 ao a'aoi051inoJ Beasvoo yns eau0xe 9r{i sveld05 of aiao3S9 r:i153 boob 975i oi 91ulisa .a910 smii bns also? ns1q -1t125 olaiDea2 srii ins.-5Ic_,;:1 llsr{a aci0siincD er! .t sV arigsap51sg ni bs51vo=q ab s bn5i2 no1i0s evii.r i92 also? sdT .2noiisol3t05C22 929n3 io q npuo-1ni i051ino0 alai r{01r{w m012 noiisi101io2 srii rit diloi Isioi edi 3o aso5insoasq 25 bsaas c xe sas bei1u291 bns yiiaonim. io pnlnis_i yns insrrr olgms to 2auod -noasea bluor{a aoiosainoD erii notissllliu s15me ebs-i nolicuaianoo I{059 ni eveirios of 9lds sd ylds 9riT .seas beaevoo edi ni aseyolgme 25rj .i_C doir{w ni -inu yllstinsiadu2 s>!sm of b9i09gx9 ai aoiosainoD nnlaub ilsao nose ni alsop ail baswoi aesapoaq =Oa .be1i109g2 bolaso edi pninisp:rsd eviioe1loo yns to 2noiaivolq srii 7er{iie% .E sdi rrodw diiw no.irw s yd eauIis3 srii Ton ,in9r 99:ps of .inems91ps pninispasd svtiosIIo0 s esri 1oio51inoD srii 52u0X9 Ilsda nsmow '10 a91i.i1onim 79I{it9 1'_aiea ,2noiisDiliDegz s2srii 1ebnu ano1ispildo 2'aod?sainoD bsisplumoaq 2noidslupea edi 10 aeba0 sviiusx3 .ois-i r{i insu21uq 3o aauori pninisai pnl,raownon sdi aoI aebio nI .a pnhissm ni beinu00 sd (DJ as9nisli bns 29iin97ogs sd daum a99nis1i bns 290iineaggs ricua srii pninisZi 9rdi pnilub aoiosainoD sdi yd bevolam9 s 9bsm 9vsd iaum 7oicsiino7 edi bns ,bolasg • cc•r -ni ttment to employ the apprentices and train- ees at the completion of their training, subject to the availability of employment opportunities. Trainees rust be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction pro- ject. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, pro- vide written notification to minority and female recruitment sources and to community organizations when the Contractor of its unions have employment opportunities available, and maintain a record of the_organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. 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Disseminate the Contractor's EEO _policy externally by including it in any advertis- ing in the news media, specifically including minority and female news media, and providing writtin notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written,.to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serv- ing the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of appli- cations for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organiz- ations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other ,minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection require- ments where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to pre- pare for, through appropriate training, etc., such opportunities. m. 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C E: 0) 'U it) N 0 Ci, U N 0 01 00 V1 0 0 0 44 N N 00 •:+ 0, Q w 4JJ 03 3 +J .0UO 0 U0'.0 0 .r 0 +i O u�i 4JJ CO generally, the Contractor may be in violation of the Executive Crder if a specific minority group of women is une.erutilized). 10. The Contractor shall not use the goals and time- tables or affirmative ac-ion standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of exist- ing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these s_ecificaions, so as to achieve maximum results from its efforts to ensure equal employment oppor- tunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understand- able and retrievable form; however, to the degree 7 • that existing records satisfy this requirement, con- tractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of require -:tints for the hiring of local or other area residents (e.g., these under the Public :•forks Employment Act of 1977 and the Community Development Block Grant Program). C. Segregated Facilities she Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained. ATTACH EUT D APPENDIX A Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally -assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geograpLlcal are 3. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is per- forming work on a Fedaral, federally -assisted, or nonfederally related project, contract, or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this appendix B, A__ ea Covered California: Redding Economic Lassen County, Shasta County, Eureka Economic Area Del Norte County, Humboldt County, Trinity ECONOMIC AREAS Goal Percent Area Modoc County, Pleas County, Siskiyou County, Tehama County 6.8 County 6.8 San Francisco -Oakland -San Jose Economic Area Monterey County 28.9 Alameda County, Contra Costa County, Marin County, San Francisco County, San Mateo County 25.6 Santa Clara County 19.6 Santa Cruz County 14.9 Sonoma County 9.1 Napa County, Solano County 17.1 Lake County, Mendocino County, San Benito County 23.2 Sacramento Economic Area Placer County, Sacramento County, Yolo County 16.1 Butte County, Colusa County, Eldorado County, Glenn County, Nevada County, Sierra County, Sutter County, Yuba County 14.3 Stockton -Modesto Economic Area Stanislaus County 12.3 San Joaquin County 24.3 Alpine County, Aador County, Calaveras County, Mariposa County, Merced County, Tuo].omne County 19.8 Fresno -Bakersfield Economic Area Kern County 19.1 Fresno County 26.1 Kings County, Madera County, Tulare County 23.6 Attachment E Page 1 Reauired Federal Provisions 1. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Pro- tection Act of 1973 (P. L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section 102(a) of said Act. Any contract or agreement for the sale, leave, or other transfer of land acquired, cleared or improved with assistance provided under this Agree- ment shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U. S. C. 4001 et seq., provisions obligating the trans- feree and its successors or assigns to obtain and maintain, during the owner- ship of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 2. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Contractor for the rehabilitation of .residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimin- ation of lead -base paint hazards under sub -part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under section 35.14(f) thereof. 3. Compliance with Air and Water Acts: This .Agreement is subject to the requirements of the Clean Air Act, as amendd, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. Attachment E Page 2 In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: a. A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or sub- contract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. b. Agreement by the contractor to comply with all the requirements of section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and section 308 of the Federal Water Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements spec.ied in said section 114 and section 308, and all regulations a':; guidelines issued thereunder. c. 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. d. Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph a through d of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a mans of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under section 113(c)(1) of the Clean Air Act or section 309(c) of the Federal Water Pollution Control Act. 4. 0bliaations of Grantee with Respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor, which is not the State, shall comply with all lawful re- quirements of the State necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the State's Assurance and Certifications, including those with respect to the assumption of environmental responsibil- ities of the State under section 104(h) of the Housing and Community Develop- ment Act of 1974. Attachment E Page 3 5. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 6. Interest of Members, Officers, or Employees of Contractor Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the pro- ceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision pro- hibiting such interest pursuant to the purposes of this section. 7. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the pay- ment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Develop- ment Act of 1974 or HUD regulations with respect thereto; provided, however, that reasorable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.