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HomeMy WebLinkAbout1979-342 I RESOLUTION NO . ~~L• i 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO WESTSIDE COMMUNITY i 3 !DEVELOPMENT CORPORATION RELATING TO A GRANT OF ONE HUNDRED TWENTY-~ FIVE THOUSAND DOLLARS FOR ACQUISITION AND REHABILITATION OF DWELL- q ! INGS . g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 1I OF SAN BERNARDINO AS FOLLOWS: i 6 7 SECTION 1. The tdayor of the City of San Bernardino is i~hereby authorized and directed to execute on behalf of said City i 8 ~ 9 ian Agreement with San Bernardino Westside Community Development t0 (Corporation relating to a grant of One Hundred Twenty-five 11 !Thousand Dollars for acquisition and rehabilitation of dwellings, ~I I t2 ~'a copy of which is attached hereto, marked Exhibit "A" and 13incorporated herein by reference as fully as though set forth i is j at length. ~ ! t5 I HEREBY CERTIFY that the foregoing resolution was duly l6 !adopted by the Mayor and Common Council of the City of San l7 Bernardino at a /)~v~/~, meeting thereof, held 18 on the day of ~s~i,~ , 1979, by the following t9 vote, to wit: 20 AYES : Councilmen ~Q~~td~~ f , ~ y ~a 21 ~df,~T ~1i ~2,~~ ~ 22 NAYS : //gyl0/ 23 ABSENT: ~~,a~~,r~~~riG ~i~~r~ ~u~~~/ 2a ir~~/ ~i 25 ~ City Clerk 26 The foregoing resolution is hereby approv s ~ day 27 f _ ~i~i~~ 1979. Zg Appro as to form: ~ a ~ City of n Bernar ino City A orney s I ' 1 A G R E E M E N T 2 (Housing Opportunities Program) 3 THIS AGREEMENT is made and entered into this ~ day of q , 1979, by and between the CITY OF SAN BERNARDINO,~ I 5 Ala muni ipal corporation, 300 North "D" Street, San Bernardino, 6 (California, hereinafter referred to as "City", and SAN BERNARllINO 7 jWESTSIDE COMMUNITY DEVELOPMENT CORPORATION, a non-profit corpora- g tion, 1708 West Highland Avenue, San Bernardino, California, q (hereinafter referred to as "WCDC". t0 WHEREAS, City has established a housing opportunities 11 (program to acquire and rehabilitate houses which may be vacant I 12 for in default, and place those houses back on the market for ~g !sale or rent to low or moderate income families; and r4 WHEREAS, said program has been approved by the United t5 'States Department of Housing and Urban Development as part of the ~ I I t6 Community Development Block Grant program; and 17 WHEREAS, WCDC has as one of its purposes assistance to t8 low and moderate income persons in the City of San Bernardino L9 in the improvement of their housing opportunities; and 20 WHEREAS, WCDC represents and warrants to City that it 21 possesses the requisite State of California contractor's licenses, 22 if required by law, and is fully qualified to perform the work 23 contracted herein; and 24 WHEREAS, WCDC has requested funding to cover certain 25 administrative expenses for the assistance of WCDC in housing 26 opportunities program; and 27 WHEREAS, the Mayor and Common Council of the City of San y8 Bernardino are willing to appropriate certain funds from the i~ i tCommunity Development funds for use of WCDC for said purposes ~ Z under certain conditions, with the understanding that said funds 3 will be used for the Housing Opportunities program, with the I a 'further understanding that WCDC will provide labor for said pro- s I, gram, as provided herein; and with the understanding that receipt 6 'of all or part of the funds provided for herein shall not imply 7 a continuing obligation of the City beyond the term of this ~ g agreement; and q WHEREAS, WCDC warrants and represents that the expenditures 10 ~~I~authorized by this agreement shall be used for the purposes l1 ~Icontained herein and that funds will be used for the Housing 12 I~lOpportunities program, I 13 NOW, THEREFORE, in consideration of the mutual covenants, t4 ('conditions, provisions, legal detriments and agreements herein- t5 after set forth, it is agreed as follows: 16 1. Term. The term of this agreement shall be for the t7 period from September 1, 1979, through June 30, 1980, unless ~g sooner terminated as hereinafter set forth. ~9 2. Grant. City hereby grants to WCDC the sum of fifty Zp thousand dollars ($50,000.00) from the Community Development 21 Block Grant program which will be used by WCDC to cover admin- 22 istrative expenses incurred in conducting the Housing Opportuni- i 23 ties program. Zq 3. Type of Units. WCDC will have the responsibility for 25 identifying residential dwellings that are vacant or in default 26 for potential acquisition on a city-wide basis. Priority will 27 be given to single family dwelling units; duplexes and tri- Zg plexes, however, will not be excluded from the program. -2- 1 4. Income Range. Sites to be acquired will be limited to 2 those which, when rehabilitated, will be affordable to individuals i 3 ..with incomes of one hundred twenty percent (1208), or less, I q of the City's median income. 9 5. Selection Committee. WCDC shall present the potential I', 6 I'sites for acquisition to a selection committee appointed by the 7 Director of Community Development of the City of San Bernardino, I g '..which committee shall be composed of representatives of WCDC, the 9 City and the Local Savings and Loan Task Force. The committee t0 shall make the recommendations on sites to be acquired. I u i 6. Site Acquisition. The Director of Community Development 12 will grant to WCDC the sum of seventy-five thousand dollars r3 ($75,000.00) to acquire the sites that have been selected. ~q The funds will be deposited in a separate bank account by WCDC. t5 '..Title to properties acquired will vest in the name of WCDC. i 16 7. Site Sale or Rental. WCDC shall inspect the acquired ~ 17 sites and apply to the City's Director of Community Development Ig for a rehabilitation loan from the Community Development Block t9 Grant program to repair the property. The selection committee 20 shall make a determination on whether to sell or rent the property 21 8. Disposition of Proceeds from Sale or Rental. Upon 22 the sale or rental of an acquired property, 23 percent ( 8) of the funds will be given to WCDC to administer 24 the Housing Opportunities program. The remaining proceeds 25 will be redeposited in the separate fund described in Section 6. 26 9. Cost Estimate. Upon inspection of the proposed repair 27 job, WCDC shall promptly provide City with a detailed cost esti- Zg mate in a form satisfactory to City clearly showing the estimated -3- I i 1 'cost of materials necessary to perform the repair work. 2 10. Authorization of Work. When City has approved the 3 'application for repair grant assistance and determined the reason-'I a ableness of WCDC's estimate, then City may, by a written signed I i ~ 5 ,work order in a form satisfactory to City, authorize WCDC to 6 'perform the designated repair work. The written work order shall i ~ ,specify the extent of the work and the date by which the work i g ,shall be completed by WCDC. g 11. Work Performance. WCDC shall then cause the designatedlli, i ~0 work to be performed and completed in a good and workmanlike manner on or before the date specified as the completion date in 12 the work order. WCDC shall provide all necessary labor to perform 13 said work at no cost to the City or the applicant/grantee. ~ I ~q 12. Supervision, Etc. WCDC shall provide adequate super- l5 vision of all workers on the job at all times and shall keep the l6 (Premises of the job site clean and orderly, and upon completion I t7 of the work, WCDC shall cause all debris andaconstruction material! lg to be removed from the premises. The premises shall be left t9 broom clean. 20 13. Inspection. WCDC shall, upon completion of the pre- 21 scribed work, notify City and request a final inspection of the 22 job. 23 14. Releases. WCDC shall, upon completion of the work and 2a final inspection by City, deliver to the owner/grantee lien 25 releases for all work and materials furnished to owner/grantee 26 and shall, when applicable, deliver any warranty agreements cover- 27 ing any materials or equipment installed as a part of the project. 28 15. Workmanship, Correction of. WCDC shall promptly -4- 1 'remedy and correct any defective or faulty workmanship during a ~ 2 (period of one year after completion to the satisfaction of City. 3 16. Contractors' Licenses. During the term hereof, WCDC q (shall possess requisite and valid State of California Contractor ~ 5 License(s) of the classification required for the type of work I 6 being performed pursuant to this agreement, and all work shall 7 be accomplished in conformity with State of California and g Federal OSHA standards and requirements. g 17. Compensation WCDC. The City's payments to WCDC pro- t0 vided herein shall constitute WCDC's total compensation and 11 remuneration for all of WCDC's costs incurred in connection with IZ the program. 13 18. Licenses, Permits, etc. WCDC shall be solely responsib e 1q for obtaining all necessary licenses and permits, and shall t5 hold City harmless from any and all costs and claims therefor. 16 WCDC shall further conduct all of its activities required hereunde 17 in accordance with all applicable City ordinances, State laws, lg and laws of the United States of America. 19 19. Executive Director Responsible. The Executive Director Zp of WCDC shall, at all times hereunder, be responsible for the 21 direction of WCDC's performance hereunder in all respects. 22 20. Record Keeping. WCDC shall maintain and keep books 23 and records on a current basis recording all transactions in 24 a form satisfactory to City and in accordance with generally Zg acceptable accounting principles. Said books and records shall 26 be made available to City, the State of California, the Federal 27 I government and to any authorized representatives thereof for 2g purposes of audit at all reasonable times and places. All -5- - I t such books and records shall be retained for such periods of 2 'time as required by law; provided, however, notwithstanding i 3 any shorter periods of retention, all books, records and supporting 4details shall be retained for a period of at least three years i 5 after the expiration of the term of this agreement. 6 21. Repairs and Improvements - City Responsibilities. 7 ;City shall furnish and designate the job sites upon which WCDC ~ 8 l; shall perform the repairs and improvements. City shall pay 9 for the actual costs of materials used by WCDC in the repair I I ' ~0 'work. City shall make arrangements with various suppliers 1]selected by City in order that WCDC may expeditiously pick 12 !up all materials for performing the designated repairs and ~ I i3 improvements. ~ 14 i 22. Confidentiality. WCDC shall keep confidential all 15 reports, information and data given to, prepared or assembled t6 by WCDC pursuant to WCDC's performance hereunder which City l7 designates as confidential. Such information shall not be tg made available to any person, firm, corporation or entity without 19 the prior written consent of City first obtained. 20 23. Insurance - Worker's Compensation. WCDC shall take 21 out and maintain, during the term of this agreement, Worker's 22 Compensation insurance for all of its employees, if any, employed 23 at the site of improvement, and if any work is sublet, WCDC 24 shall require its subcontractor similarly to provide Worker's 2g Compensation insurance for all of the latter's employees, unless 26 such employees are covered by the protection afforded by WCDC. 27 If any class of employees engaged in work under this agreement Zg at the designated site is not protected under any worker's -6- t ,compensation law, WCDC shall provide, and shall cause each 2 !!subcontractor to provide, adequate insurance for the protection 3 iof employees not otherwise protected. WCDC shall indemnify a City, its officers, agents and employees for any damage resulting 5 to it from failure of either WCDC or any subcontractor to take 6 gout or maintain such insurance. 7 24. Insurance - Liability. WCDC shall take out and 8 maintain during the life of this agreement such public liability 9 and property damage insurance as shall protect City, its elective t0 land appointive boards, officers, agents and employees, WCDC I1 and any subcontractor performing work covered by this agreement l2 from claims for damages for personal injury, including death, 13 as well as from claims for property damage which may arise iq from WCDC's or any subcontractor's operations under this agreement ~5 whether such operations be by WCDC or by any subcontractor, t6 or by anyone directly or indirectly employed by either WCDC t7 or any subcontractor, and the amounts of such insurance shall i ig be as follows: ~ 19 (a) Public Liability Insurance ' 20 in an amount not less than $300,000 for injuries, 21 including, but not limited to, death, to any one person 22 and, subject to the same limit for each person, in an 23 amount not less than $100,000 on account of any one 24 occurrence; 25 (b) Property Damage Insurance 26 In an amount of not less than $50,000 for damage to 27 I the property of each person on account of any one 28 occurrence. -7- 'i I 25. Accounting. Prior to the final payment under this ~ 2 I, agreement, and at such other times as may be requested by the 3 City Administrator or Director of Finance of City, WCDC shall q (submit to the City Administrator, with a copy to the Director 5 of Finance, an accounting of the proposed and actual expenditures 6 of said funds, including the line item amounts and purposes 7 for which said funds have been spent or obligated. The accounting g or financial statement of WCDC shall separate expenditures q for program services from management and general expenditures. ~p (Expenditures for program services shall be reported by the u type of service function involved. Each functional classification l2 shall include all of the costs applicable to the service provided, ~3 such as salaries and expenses of employees or consultants, rq costs of materials and supplies, long distance phone calls, ~5 automobile and travel costs, etc. Fiscal records shall be t6 maintained by WCDC in such a manner as to permit the City to t~ easily trace the expenditures of the funds. All books and ~g records of WCDC are to be kept open for inspection at any time t9 during the business day by the City or its officers or agents. 20 The accounting report shall be submitted by WCDC in conformance 21 with established City guidelines and the audit guide prepared 22 by the Committee of Voluntary Health and Welfare organizations 23 entitled "Audits of Voluntary Health & Welfare Organizations". 24 Internal controls shall be implemented by WCDC to comply with 25 these guidelines and said audit guide. WCDC shall comply with 26 any rule or regulation of the Mayor and Common Council concerning 27 services provided by organizations funded with City revenue, yg labor, equipment or supplies as may be now in effect or hereinafte -8- ~I i enacted. I 2 26. Non-discrimination in Services. The services of 3 (WCDC funded hereunder shall be made available to residents 4 '~~~,-and inhabitants of the City of San Bernardino. No person shall i, I 9 be denied service because of race, color, creed, or sex. WCDC I 6 Ishall have and comply with Affirmative Action guidelines in i 7 its employment practices, 8 27. Fees - City Approval. City reserves the right to 9 :require WCDC to obtain the prior written consent of City for I i 10 I'the imposition of any charges or fees, and the amounts thereof u !Ill for such funded services, and of any rules and regulations ~ I t2 governing said services. l3 28. Violation of Agreement - Sanctions. The City Adminis- tq trator, with the concurrence of theMayor, is authorized to IS place a temporary freeze on or terminate the payment of funds l6 to WCDC when any violation of the agreement, in the discretion A t7 of the City Administrator, occurs and the same shall continue tg until such violation is corrected to the satisfaction of the 19 City Administrator. 20 29. Hold Harmless. WCDC hereby agrees to, and shall, 2t hold City, its elective and appointive boards, officers, agents 22 and employees, harmless from any liability for damage or claims 23 for damage for personal injury, including death, as well as 24 from claims for property damage which may arise from WCDC's 25 or any of subcontractor's operations under this agreement, 26 whether such operations be by WCDC or by any subcontractor, 27 or subcontractors, or by any one or more persons directly or 28 indirectly employed by, or acting as agent for, WCDC or any -9- 1 subcontractor or subcontractors. WCDC agrees to, and shall, 2 (defend City and its elective and appointive boards, officers, 3 iagents and employees from any suits or actions at law or in 4 equity for damages caused, or alleged to have been caused, 5 by reason of any of the aforesaid operations. 6 ~ 30. Social Service Funds Report. WCDC agrees to conform 7 ito and abide by the provisions of "Section 1. Recommendations", 8 of a portion of a report entitled "Report of the Special Council 9 Subcommittee for Social Service Funds" dated and adopted on I t0 February 18, 1975, and on file in the Office of the City Clerk u ! of City. t2 ~ 31. Termination. If WCDC shall fail to comply with t3 any term, condition or provision of this agreement or to expend t4 or use the funds as herein provided, the City may terminate I5 this agreement by mailing written notice to WCDC, and this t6 agreement shall thereupon terminate forthwith. i i7 City shall have the right to terminate this agreement and i Ig any funding hereunder without cause by mailing a ten (10) day I l9 written notice to WCDC and this agreement shall terminate ten ~ I 20 (10) days after the mailing of such notice, and thereafter any I 21 unpaid funds shall not be prorated or paid to WCDC. 22 32. Non-exclusivity. It is understood and agreed by 23 the parties hereto that WCDC shall only perform projects assigned 24 by City, and City shall have the right to make assignments 25 of such jobs or projects to other persons or entities. WCDC's 26 (rights hereunder shall not be considered as exclusive. 27 i 33. Non Discrimination in Employment. During the term 28 of this agreement, WCDC agrees as follows: -10- t (a) WCDC will not discriminate against any employee 2 or applicant for employment because of race, color, religion, sex,' I 3 for national origin. WCDC will take affirmative action to ensure g ithat applicants are employed, and that employees are treated 5 during employment, without regard to their race, color, religion, 6 sex, or national origin. Such action shall include, but not be ~ (limited to the following: employment, upgrading, demotion, or g transfer; recruitment or recruitment advertising; layoff or q termination; rates of pay or other forms of compensation; and 10 selection for training, including apprenticeship. WCDC agrees tt to post in conspicuous places, available to employees and 12 applicants for employment, notices to be provided by the City II 13 setting forth the provisions of this nondiscrimination clause. l4 (b) WCDC will, in all solicitations or advertise- l5 ments for employees placed by or on behalf of WCDC, state that all's 16 qualified applicants will receive consideration for employment 17 without regard to race, color, religion, sex, or national origin. l8 (c) WCDC will send to each labor union or repre- t9 sentative of workers with which it has a collective bargaining li 20 agreement or other contract or understanding, a notice, to be 21 provided by the City, advising the labor union or workers' repre- I 22 sentative of WCDC's commitments under Section 202 of Executive ~I 23 Order No. 11246 of September 24, 1965, and shall post copies of 24 the notice in conspicuous places available to employees and 25 applicants for employment. i 26 (d) WCDC will comply with all provisions of 27 Executive Order No. 11246 of September 24, 1965, and of the rules, 28 regulations, and relevant orders of the Secretary of Labor. -11- i 1 (e) WCDC will furnish all information and reports I 2 (required by Executive Order No. 11246 of September 24, 1965, and 3 by the rules, regulations, and orders of the Secretary of Labor, 4 for pursuant thereto, and will permit access to its books, records,) 5 and accounts by the City and the Secretary of Labor for purposes 6 of investigation to ascertain compliance with such rules, regu- 7 lations, and orders. i 8 (f) In the event of WCDC's noncompliance with the III 9 nondiscrimination clauses of this agreement or with any of such II i t0 rules, regulations, or orders, this agreement may be cancelled, I1 terminated or suspended in whole or in part and WCDC may be ~ i 12 declared ineligible for further Government contracts in 13 accordance with procedures authorized in Executive Order No. 11246 i4 of September 24, 1965, and such other sanctions may be imposed IS and remedies invoked as provided in Executive Order No. 11246 of l6 September 24, 1965, or by rule, regulation, or order of the I~ Secretary of Labor, or as otherwise provided by law. t8 (g) WCDC will include the provisions of subsections 19 (a) through (g) in every subcontract or purchase order unless 20 exempted by rules, regulations, or orders of the Secretary of 21 Labor issued pursuant to Section 204 of Executive Order No. 11246 22 of September 24, 1965, so that such provisions will be binding 23 upon each subcontractor or vendor. WCDC will take such action 24 with respect to any subcontract or purchase order as the City may 25 direct as a means of enforcing such provisions including sanctions 26 for noncompliance; provided; however, that in the event WCDC be- 27 comes involved in, or is threatened with, litigation with a sub- 28 contractor or vendor as a result of such direction by the City, -12- i 1 !WCDC may request the United States to enter into such litigation I 2 to protect the interests of the United States. 3 34. Wades. (a) Minimum wages. (i) All mechanics , a ',and laborers employed or working upon the site of the work, g or under the United States Housing Act of 1937 or under the 6 'Housing Act of 1949 in the construction or development of the i 7 project, will be paid unconditionally and not less often than g once a week, and without subsequent deductions or rebate on ~i q any account (except such payroll deductions as are permitted ' ~p by regulations issued by the Secretary of Labor under the Copeland i~ Act (29 CFR Part 3)), the full amounts due at time of payment t2 computed at wage rates not less than those contained in the 13 .wage determination decision of the Secretary of Labor which i 14 lis attached hereto and made a part hereof, regardless of any t5 'contractual relationship which may be alleged to exist between 16 'WCDC and such laborers and mechanics; and the wage determination 17 decision shall be posted by WCDC at the site 'of the work in t8 a prominent place where it can be easily seen by the workers. 19 For the purpose of this clause, contributions made or costs 2U reasonably anticipated under Section 1(b)(2) of the Davis-Bacon ~ 2l Act on behalf of laborers or mechanics are considered wages 22 paid to such laborers or mechanics, subject to the provisions 23 of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, 24 regular contributions made or costs incurred for more than 25 a weekly period under plans, funds, or programs, but covering 26 the particular weekly period, are deemed to be constructively 27 made or incurred during such weekly period. 2g (ii) The City shall require that any class of laborers or -13- i I 1 ~~mechanics which is not listed in the wage determination and which I 2 his to be employed under this agreement, shall be classified or i 3 ireclassified conformably to the wage determination, and a report i i a of the action taken shall be sent by the Federal agency to the g Secretary of Labor. In the event the interested parties cannot I 6 agree on the proper classification or reclassification of a 7 particular class of laborers and mechanics to be used, the ' g question accompanied by the recommendation of the City shall be I'i 9 referred to the Secretary for final determination. I t0 (iii) The City shall require, whenever the minimum wage ~1 rate prescribed in the agreement for a class of laborers or ~ I 12 mechanics includes a fringe benefit which is not expressed as an i 13 hourly wage rate and WCDC is obligated to pay a cash equivalent I t4 of such a fringe benefit, an hourly cash equivalent thereof to be 19 established. In the event the interested parties cannot agree 16 upon a cash equivalent of the fringe benefit, the question, 17 accompanied by the recommendation of the City, shall be referred lg to the Secretary of Labor for determination. 19 (iv) If WCDC does not make payments to a trustee or Zp other third person, it may consider as part of the wages of any 21 laborer or mechanic the amount of any costs reasonably anticipated 22 in providing benefits under a plan or program of a type expressly 23 listed in the wage determination decision of the Secretary of 24 Labor which is a part of this agreement; provided, however, the 25 Secretary of Labor has found, upon the written request of WCDC 26 that the applicable standards of the Davis-Bacon Act have been 2~ met. The Secretary of Labor may require WCDC to set aside in 28 a separate account assets for the meeting of obligations under -14- i 'the plan or program. 2 (b) Withholding. The Federal agency involved may with- , 3 .hold or cause to be withheld from WCDC so much of the accrued ' a payments or advances as may be considered necessary to pay i 5 laborers and mechanics employed by WCDC or any subcontractor on 'i 6 the work the full amount of wages required by the agreement. In 7 the event of failure to pay any laborer or mechanic employed or g working on the site of the work, or under the United States q JHOUSing Act of 1937 or under the Housing Act of 1949 in the I, ~p construction or development of the project, all or part of the I 11 wages required by the agreement, the agency may, after written ~2 notice to WCDC, sponsor, applicant, or owner, take such action 13 as may be necessary to cause the suspension of any further pay- ~q ment, advance, or guarantee of funds until such violations have i ~g ceased. i 16 (c) Payrolls and basic records. (i) Payrolls and basic ~ l7 records relating thereto will be maintained during the course of 18 the work and preserved for a period of three years thereafter for ~y all laborers and mechanics working at the site of the work, or 2U under the United States Housing Act of 1937, or under the Housing i 21 Act of 1949, in the construction or development of the project. 22 Such records will contain the name and address of each such 23 employee, his correct classification, rates of pay (including 24 rates of contributions or costs anticipated of the types des- 25 cribed in section 1(b)(2) of the Davis-Bacon Act), daily and 26 weekly number of hours worked, deductions made and actual wages 27 paid. Whenever the Secretary of Labor has found under 29 CFR 28 5.5(a)(1)(iv) that the wages of any laborer or mechanic include -15- iI i I I the amount of any costs reasonably anticipated in providing 2 benefits under a plan or program described in section 1(b)2(b)(B) 3 Hof the Davis-Bacon Act, WCDC shall maintain records which show a 'ithat the commitment to provide such benefits is enforceable, that 5 the plan or program is financially responsible, and that the plan 6 for program has been communicated in writing to the laborers or ~ imechanics affected, and records which show the costs anticipated it g for the actual cost incurred in providing such benefits. 9 , (ii) WCDC will submit weekly a copy of all payrolls to t0 (the Federal agency involved if the agency is a party to the (,'agreement, but if the agency is not such a party WCDC will sub- ~I l2 emit the payrolls to the applicant, sponsor, or owner, as the case I 13 'may be, for transmission to the Department of Housing and Urban Iq Development. The copy shall be accompanied by a statement signed ~ t5 by the employer or his agent indicating that the payrolls are 16 (correct and complete, that the wage rates contained therein are ~ i~ not less than those determined by the Secretary of Labor and that ~ ig the classifications set forth for each laborer or mechanic con- ~g form with the work he performed. A submission of a "Weekly 20 Statement of Compliance" which is required under this agreement 21 and the Copeland regulations of the Secretary of Labor (29 CFR, 22 Part 3) and the filing with the initial payroll or any subsequent 23 Payroll of a copy of any findings by the Secretary of Labor under y~ 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime 25 contractor shall be responsible for the submission of copies of 26 payrolls of all subcontractors. WCDC will make the records 27 required under the labor standards clauses of the agreement 28 available for inspection by authorized representatives of the -16- i I iCity, the Department of Housing and Urban Development, and the 2Department of Labor, and will permit such representatives to 3 ';interview employees during working hours on the job. ~ a (d) Apprentices. Apprentices will be permitted to work 5 alas such only when they are registered, individually, under a 6 ;bona fide apprenticeship program registered with a State 7 jiapprenticeship agency which is recognized by the Bureau of g 'Apprenticeship and Training, United States Department of Labor; ~ i q or, if no such recognized agency exists in a State, under a pro- ~ I 10 ~igram registered with the Bureau of Apprenticeship and Training, li I 11 (United States Department of Labor. The allowable ratio of l2 iapprentices to journeymen in any craft classification shall not 13 ~be greater than the ratio permitted to WCDC as to its entire I I4 work force under the registered program. Any employee listed on IS a payroll at an apprentice wage rate, who is not registered as l6 above, shall be paid the wage rate determined by the Secretary of t7 Labor for the classification of work he actually performed. WCDC 18 or subcontractor will be required to furnish to the City written t9 evidence of the registration of its program and apprentices as 20 well as of the appropriate ratios and wage rates, for the area of 21 construction prior to using any apprentices on the contract work. 22 (e) WCDC shall comply with the Copeland Regulations (29 23 CFR Part 3) of the Secretary of Labor which are herein incorpor- 2a ated by reference. 25 (f) Subcontracts. WCDC will insert in any subcontracts 26 the clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and 27 such other clauses as the Federal agency involved may by appro- 28 priate instructions require, and also a clause requiring the sub- -17- i 1 'icontractors to include these clauses in any lower tier subcon- ~ 2 Itracts which they may enter into, together with a clause requiring 3 this insertion in any further subcontracts that may in turn be 4 made. 5 (g) Contract termination; debarment. A breach of 6 clauses (a) through (f) may be grounds for termination of the 7 agreement, and for debarment as provided in 29 CFR 5.6. ~ g 35. Overtime. (a) Overtime Requirements. No contractor 9 or subcontractor contracting for any part of the contract work ~0 which may require or involve the employment of laborers or I i i 11 mechanics shall require or permit any laborer or mechanic in 12 any workweek in which he is employed on such work to work in ~3 excess of eight hours in any calendar day or in excess of forty ~q hours in such workweek unless such laborer or mechanic receives 15 compensation at a rate not less than one and one-half times ~ 16 his basic rate of pay for all hours worked in excess of eight 17 hours in any calendar day or in excess of forty hours in such i Ig workweek, as the case may be. 19 (b) Violation; liability for unpaid wages; liquidated 20 damages. In the event of any violation of the clause set forth 21 in subparagraph (a), WCDC and any subcontractor responsible 22 therefor shall be liable to any affected employee for his unpaid 23 wages. In addition, such contractor and subcontractor shall be 24 liable to the United States (in the case of work done under con- 25 tract for the District of Columbia or a territory, to such 26 District or to such territory), for liquidated damages. Such 27 liquidated damages shall be computed with respect to each 28 individual laborer or mechanic employed in violation of the -18- 1 clause set forth in subparagraph (a), in the sum of $10 for each 2 i calendar day on which such employee was required or permitted to 3 work in excess of eight hours or in excess of the standard work- ~ 4 i week of forty hours without payment of the overtime wages required, i g by the clause set forth in subparagraph (a). 6 i (c) Withholding for unpaid wages and liquidated damages. ~ II The Federal agency involved may withhold or cause to be withheld, ~ g II from any moneys payable on account of work performed by WCDC or 9 I subcontractor, such sums as may administratively be determined to i 10 I be necessary to satisfy any liabilities of such contractor or u isubcontractor for unpaid wages and liquidated damages as provided j t2 in the clause set forth in subparagraph (b). 13 (d) Subcontracts. WCDC shall insert in any subcontracts I t4 the clauses set forth in subparagraphs (a), (b), and (c) of this 15 paragraph and also a clause requiring the subcontractors to in- 16 dude these clauses in any lower tier subcontracts which they may 17 enter into, together with a clause requiring this insertion in t8 I any further subcontracts that may in turn be made. 19 36. Compliance with Regulations. (a) The work to be 20 performed under this agreement is on a project assisted under 21 a program providing direct Federal financial assistance from 22 the Department of Housing and Urban Development and is subject 23 to the requirements of section 3 of the Housing and Urban Develop- 24 ment Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires 25 that to the greatest extent feasible opportunities for training 26 and employment be given lower income residents of the project 27 area and contracts for work in connection with the project 28 be awarded to business concerns which are located in, or owned -19- t I'in substantial part by persons residing in the area of the 2 project. 3 (b) The parties to this agreement will comply with the q provisions of said section 3 and the regulations issued pursuant 5 thereto by the Secretary of Housing and Urban Development set I 6 forth in 24 CFR , and all applicable rules and orders of the 7 Department issued thereunder prior to the execution of this agree- g ment. The parties to this agreement certify and agree that they g are under no contractual or other disability which would prevent t0 them from complying with these requirements. I1 (c) WCDC will send to each labor organization or 12 representative of workers with which he has a collective bargain- ~3 ing agreement or other contract or understanding, if any, a t4 notice advising the said labor organization or workers' repre- l5 sentative of his commitments under this section 3 clause and 16 shall post copies of the notice in conspicuous places available t7 to employees and applicants for employment or training. 18 (d) WCDC will include this section 3 clause in every l9 subcontract for work in connection with the project and will, 20 at the direction of the applicant for or recipient of Federal 21 financial assistance, take appropriate action pursuant to the 22 subcontract upon a finding that the subcontractor is in 23 violation of regulations issued by the Secretary of Housinq and 24 Urban Development, 24 CFR _ WCDC will not subcontract 25 with any subcontractor where it has notice or knowledge that the 26 latter has been found in violation of regulations under 24 CFR 27 and will not let any subcontract unless the subcontractor 2g has first provided it with a preliminary statement of ability to -20- i 1 comply with the requirements of these regulations. 2 i (e) Compliance with the provisions of section 3, the I 3 iregulations set forth in 24 CFR and all applicable rules I a land orders of the Department issued thereunder prior to the 5 lexecution of the contract, shall be a condition of the Federal 6 financial assistance provided to the project, binding upon the 7 applicant or recipient for such assistance, its successors, and g assigns. Failure to fulfill these requirements shall subject the I': q applicant or recipient, its contractors and subcontractors, its t0 ~Ijsuccessors and assigns to those sanctions specified by the grant t] !or loan agreement or contract through which Federal assistance 12 is provided, and to such sanctions as are specified by 24 CFR i t3 •135. 14 37. Flood Insurance. This agreement is subject to the t5 requirements of the Flood Disaster Protection Act of 1973 (P .L. l6 93-234). No portion of the assistance provided under this agree- I ' 17 ment is approved for acquisition or construction purposes as t8 (defined under section 3(a) of said Act, for use in an area t9 lidentified by the Secretary as having special flood hazards which ii 20 is located in a community not then in compliance with the require-!, 21 ments for par ti cipation in the national flood insurance program i 22 pursuant to section 201 (d) of said Act; and the use of any 23 assistance provided under this agreement for such acquisition or 24 construction in such identified areas in communities then partici- 25 pating in the national flood insurance program shall be subject to 26 the mandatory purchase of flood insurance requirements of section 27 102 (a) of said Act. 28 ~ 38. Water Pollution. This agreement is subject to the -21- i 1;requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, 2 let seq., the Federal Water Pollution Control Act, as amended, 33 3 Ii U.S.C. 1251, et seq., and the regulations of the Environmental 4 IlProte ction Agency with respect thereto, at 40 CFR Part 15, as 5 amended from time to time. 6 39. Conflict of Interest - Congress. No member of or i 7 (delegate to the Congress of the United States, and no Resident g Commissioner, shall be admitted to any share or part of this 9 agreement or to any benefit to arise from the same. ' t0 40. Conflict of Interest - City Officers, Etc. No member, I I1 officer, or employee of the City, or its designees or agents, no t2 member of the governing body of the City, and no other public ~3 official who exercises any functions or responsibilities with tq respect to the program during his tenure or for one year there- tg after, shall have any interest, direct or indirect, in any con- I 16 (tract or subcontract, or the proceeds thereof, for work to be 17 performed in connection with the program assisted under this ~ lg agreement. t9 41. Bonuses and Commissions Prohibited. The assistance 20 provided under this agreement shall not be used in the payment of 21 any bonus or commission for the purpose of obtaining HUD approval 22 of the application for such assistance, or HUD approval of 23 applications for additional assistance, or any other approval or 24 concurrence of HUD required under this agreement, Title I of the 25 Housing and Community Development Act of 1974 or HUD regulations 26 with respect thereto; provided, however, that reasonable fees or 27 ~ bona fide technical, consultant, managerial or other such services 2g other than actual solicitation, are not hereby prohibited if -22- i 1 otherwise eligible as program costs. 2 42. Consent for Assignment. WCDC shall not assign this j 3 agreement, or any interest therein, without first obtaining City's i 4 written consent thereto. ii 9 43. Time of Essence. Time is of the essence of this 6 agreement. I 7 IN WITNESS WHEREOF, the parties hereto have executed this ~ g agreement on the day and year first above written. 9 CITY OF SAN BERNARDINO ATTEST: 10 ~ ll / l2 ~ity Cler t3 SAN BERNARDINO WESTSIDE COMMUNITY DEVELOPMENT CORPORATION l4 i ~ IS B a - 16 t7 A pprov as to form: l8 19 ity torney 20 21 22 23 24 25 26 27 28 -23-