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HomeMy WebLinkAbout12830 I! II' iJ . " 1 RESOLUTION NO. /,,;{,fJIJ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO WESTS IDE COMMllNIfiS' 3 DEVELOPMENT COBPOllATION RELATING TO THE CRITICAL MAINTENANCE HOME REPAIR PROGRAM FOR SENIORS AND DISABLED FOR FISCAL YEAR 1977-1978. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 authorized and directed to execute on behalf of said City an agree 8 ment with San Bernardino Westside Community Development Corporatio 9 relating to the Critical Maintenance Home Repair Program for 10 Seniors and Disabled for Fiscal Year 1977-1978, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 I HEREBY CERmIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 16 Bernardino at a on the .:<!) ':!1 day 0 meeting thereof, held , 1977, by the following 17 vote, to wit: 18 AYES: 19 20 21 NAYS: ~/;; ABSENT: ~/,) 1 22 --~ '" c ~/ c"::'-r.u'j./#~1 Y" erk / n is hereby appr this :::l,::?!!s.day 23 24 25 26 The foregoing resolution ~" ,1977, ~ )Jl " 'It"" ~'...-,~. ~ r.,'''''' '~, il :l!'~ <.:", ~~~1'::.\ < A .".'.~.'{ -,- of 27 28 u . I 'I 1 AGREEMENT --------- 2 (critical maintenance home repair program for seniors and disabled) 3 4 ~ I~ day of made and entered into this THIS AGREEMENT is ~J~ ' 1977, a municip corporation, 5 6 by and between the CITY OF SAN BERNARDINO 300 North "D" Street, San Bernardino, 7 California, hereinafter referred to as "City", and SAN BERNARDINO 8 WESTSIDE COMMUNITY DEVELOPMENT CORPORATION, a non-profit 9 corporation, 1708 West Highland Avenue, San Bernardino, California 10 hereinafter referred to as "WCDC". 11 WIT N E SSE T H: ---------- 12 WHEREAS, City has established a critical maintenance home 13 repair program for seniors and disabled for the fiscal year 14 1977-1978, and 15 WHEREAS, said program has been approved by the United 16 States Department of Housing and Urban Development as a part of 17 the Community Development Block Grant programl and 18 WHEREAS, WCDC has as its purpose the assistance of low and 19 moderate income persons in the City of San Bernardino in the 20 improvement of their housing opportunities 1 and 21 WHEREAS, WCDC represents and warrants to City that it 22 possesses the requisite State of California contractor's licenses, 23 if required by law, and is fully qualified to perform the work 24 contracted hereinl and 25 WHEREAS, WCDC, pursuant to agreements with the City for the 26 fiscal years 1975-1976 and 1976-1977, did provide workers to 27 assist the City in carrying out its repair grant program for 28 senior citizens, and both the City and WCDC desire that said pro- \[, r- I , I II 'I Ii 'I 1 \gram be continued for another fiscal year with WCDC performing I 2 similar functions 7 and 3 WHEREAS, WCDC has requested funding to cover certain 4 administrative expenses for the assistance of WCDC in the critical 5 maintenance home repair program for seniors and disabled for the 6 designated impact area for the fiscal year 1977-19787 and 7 WHEREAS, the Mayor and COllllllon Council of the City of San 8 Bernardino are willing to appropriate certain funds from the 9 Community Development funds for use of WCDC for said purposes 10 upon certain conditions, with the understanding that said funds 11 will be used for the critical maintenance home repair program for 12 seniors and disabled for the designated impact area of CitY7 with 13 the further understanding that WCDC will continue to provide labor 14 for said program as provided herein7 and with the understanding 15 that receipt of part or all of the funds provided for herein shall 16 not imply a continuing obligation of the City beyond the term of 17 this agreement7 and 18 WHEREAS, WCDC warrants and represents that the expendi- 19 tures authorized by this agreement shall be used for the purposes 20 as outlined in the WCDC budget, marked Exhibit "I", and attached 21 hereto 7 and that the funds will be used exclusively for administer 22 ing the critical maintenance home repair program for seniors and 23 disabled for the impact area of City. 24 NOW, THEREFORE, in consideration of the mutual covenants, 25 conditions, provisions, legal detriments and agreements herein- 26 after set forth, it is agreed as follows: 27 1. Term. The term of this agreement shall be for the 28 period from July 1, 1977 through June 30, 1978, unless sooner -2- 'I II :1 il 1 terminated as hereinafter set forth. 2 2. Job Designation. Upon designation and specification 3 by City of an eligible repair job, WCDC shall inspect the pro- 4 posed work to be accomplished and promptly advise City as to the 5 estimated cost of materials necessary to perform the repair job. 6 WCDC.shall accomplish this work within a period of seventy-two 7 (72) hours from the time it is informed of the job by City unless 8 City agrees to a longer time period. 9 3. COst Estimate. Upon inspection of the proposed repair 10 job, WCDC shall promptly provide City with a detailed cost esti- 11 mate in a form satisfactory to City clearly showing the estimated 12 cost of materials necessary to perform the repair work. 13 4. Authorization of Work. When City has approved the 14 application for repair grant assistance and determined the reason- 15 ableness of WCDC' s estimate, then City may, by a written signed 16 work order in a form satisfactory to City, authorize WCDC to 17 perform the designated repair work. The written work order shall 18 specify the extent of the work and the date by which the work 19 shall be completed by WCDC. 20 5. Work Performance. WCDC shall then cause the designated 21 work to be performed and completed in a good and workmanlike 22 manner on or before the date specified as the completion date in 23 the work order. WCDC shall provide all necessary labor to perform 24 said work at no cost to the City or the applicant/grantee. 25 6. Supervision, Etc. WCDC shall provide adequate super- 26 vision of all workers on the job at all times and shall keep the 27 premises of the job site clean and orderly, and upon completion 28 of the work, WCDC shall cause all debris and construction material -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 n 23 24 25 26 27 28 to be removed frOm the premises. The premises shall be left broom clean. 7. Inspection. WCDC shall, upon completion of the pre- scribed work, notify City and request a final inspection of the joo. 8. Releases. WCDC shall, upon completion of the work and final inspection by City, deliver to the owner/grantee lien releases for all work and materials furnished to owner/grantee and shall, when applicable, deliver any warranty agreements covering any materials or equipment installed as a part of the project. 9. Workmanship, Correction of. WCDC shall promptly remedy and correct any defective or faulty workmanship during a period of one year after completion to the satisfaction of City. 10. Contractors' Licenses. During the term hereof, WCDC shall possess requisite and valid State of California Contractor License{s} of the classification required for the type of work being performed pursuant to this agreement, and all work shall be accomplished in conformity with State of California and Federal OSHA standards and requirements. 11. Compensation WCDC. The City's payments to WCDC pro- vided herein shall constitute WCDC's total compensation and remuneration for all of WCDC's costs incurred in connection with the program. 12. WCDC shall be solely responsible for obtaining all necessary licenses and permits, and shall hold City harmless from any and all costs and claims therefor. WCDC shall further conduct all of its activities required hereunder in accordance with all applicable City ordinances, State laws, and laws of -4- !' 1 the United States of America. ,I 2 il 13. The Executive Director of WCDC shall, at all times Ii 3 j!hereunder, be responsible for the direction of WCDC's performance 4 hereunder in all respects. 5 14. WCDC shall maintain and keep books and records on a 6 current basis recording all transactions in a form satisfactory 7 to City and in accordance with generally acceptable accounting 8 principles. said books and records shall be made available to 9 City, the State of California, the Federal government and to 10 any authorized representatives thereof for purposes of audit 11 at all reasonable times and places. All such books and records 12 shall be retained for such periods of time as required by law~ 13 provided, however, notwithstanding any shorter periods of 14 retention, all books, records and supporting detail shall be 15 retained for a period of at least three years after the expira- 16 tion of the term of this agreement. 17 15. City shall furnish and designate the job sites upon 18 which WCDC shall perform the repairs and improvements. City 19 shall pay for the actual costs of materials used by WCDC in 20 the repair work. City shall make arrangements with various 21 suppliers selected by City in order that WCDC may expeditiously 22 pick up all materials for performing the designated repairs and 23 improvements. 24 16. WCDC shall keep confidential all reports, informa- 25 tion and data given to, prepared or assembled by WCDC pursuant 26 to WCDC's performance hereunder which City designates as con- 27 fidential. Such information shall not be made available to any 28 person, firm, corporation or entity without the prior written -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 consent of City first obtained. 17. WCDC shall take out and maintain, during the term of this agreement, Workmen's Compensation insurance for all of its employees, if any, employed at the site of improvement, and if any work is sublet, WCDC shall require its subcontractor similarly to provide Workmen's COmpensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by WCDC. If any class of employees engaged in work under this agreement at the designated site is not protected under any workmen's compensati€ln law, WCDC shall provide, and shall cause each subcontraetor to provide, adequate insurance for the protection of employees not otherwise protected. WCDC shall indemnify City, its officers, agents and employees for any damage resulting to it from failure of either WCDC or any subcontractor to take out or maintain such insurance. 18. WCDC shall take out and maintain during the life of this agreement sueh public liability and property damage in- surance as shall protect City, its elective and appointive board., officers, agent. and employees, WCDC and any sub- contractor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from WCDC's or any subcontractor's operations under this agreement, whether such operations be by WCDC or by any subcontractor, or by anyone directly or indirectly employed by either WCDC or any subcontractor, and the amounts of such insurance shall be as follows: -6- 1. 1 (1) Public Liability Insurance 2 In an amount not less than $300,000 for injuries, 3 including, but not limited to, death, to anyone person 4 and, subject to the same limit for each person, in an 5 amount not less than $100,000 on account of anyone 6 occurrence I 7 (2) Property Damage Insurance 8 In an amount of not less than $50,000 for damage to 9 the property of each person on account of anyone 10 occurrence. 11 19. City shall pay to WCDC up to a maximum of the total 12 sum of forty-seven thousand dollars ($47,000.00) as follows: 13 four thousand dollars ($4,000) on July 1, 1977, and the balance 14 according to verified and supported monthly expense statements 15 submitted by WCDC to the City Finance Director, and as approved by 16 said Finance Director during the term hereof. 17 20. The funds paid to WCDC shall be used solely for the 18 purposes outlined in the WCDC budget, marked Exhibit Aln, 19 attached hereto and incorporated herein by reference, and shall 20 be used only for the purpose of implementing the program as 21 set forth in this agreement in the designated impact area of 22 City in accordance with all the terms and conditions of this 23 agreement. 24 21. Prior to the final payment under this agreement, and 25 at such other times as may be requested by the City Administrator 26 or Director of Finance of City, WCDC shall submit to the City 27 Administrator, with a copy to the Director of Finance, an 28 accounting of the proposed and actual expenditures of said funds, -7- "---"~ J. 1 including the line item amounts and purposes for which said funds 2 have been spent or obligated. The accounting or financial state- 3 ment of WCDC shall separate expenditures for program services 4 from management and general. expenditures. Expenditures for pro- S gram services shall. be reported by the type of service function 6 involved. Each functional classification shal.l. include all of 7 the costs applicable to the service provided, such as salaries 8 and expenses of employees or consultants, costs of materials 9 and supplies, long distance phone calls, automobil.e and travel 10 costs, etc. Fiscal records shall be maintained by WCDC in such 11 a manner as to permit the City to easily trace the expenditures 12 of the funds. All books and records of WCDC are to be kept 13 open for inspection at any time during the business day by the 14 City or its officers or agents. The accounting report shall be 15 submitted by WCDC in conformance with established City guide- 16 lines and the audit guide prepared by the Committee of Voluntary 17 Health and Welfare organizations entitled "Audits of Voluntary 18 Health & Welfare Organizations". Internal controls shall be 19 implemented by WCDC to comply with these guidelines and said 20 audit gUide. WCDC shall comply with any rule or regulation of 21 the Mayor and common Council concerning services provided by 22 organizations funded with City revenue, labor, equipment or 23 supplies as may be now in effect or hereinafter enacted. 24 22. The services of WCDC funded hereunder shall be made 25 available to residents and inhabitants of the City of San 26 Bernardino. No person shall be denied service because of race, 27 color, creed, or sex. WCDC shall have and comply with 28 Affirmative Action guidelines in its employment practices. -8- Ii I' ,I I 1 23. City reserves the right to require WCDC to obtain 2 the prior written consent of City for the imposition of any 3 charges or fees, and the amounts thereof for such funded services, 4 and of any rules and regulations governing said serviees. 5 24. The City Administrator, with the concurrence of the 6 Mayor, is authorized to place a temporary freeze on or terminate 7 the payment of funds to WCDC when any violation of the aqreement, 8 in the discretion of the City Administrator, occurs and the same 9 shall continue until such violation is corrected to the satis- 10 faction of the City Administrator. 11 25. WCDC hereby agrees to, and shall, hold City, its 12 elective and appointive boards, officers, agents and employees, 13 harmless from any liability for damage or claims for damage for 14 personal injury, includinq death, as well as from claims for 15 property damage which may arise from WCDC's or any of sub- 16 contractor's operations under this aqreement, whether such 17 operations be by WCDC or by any subcontractor, or subcontractors, 18 or by anyone or more persons directly or indirectly employed by, 19 or acting as agent for, WCDC or any subcontractor or subcon- 20 tractors. WCDC agrees to, and shall, defend City and its 21 elective and appointive boards, officers, agents and employees 22 from any suits or actions at law or in equity for damages 23 caused, or alleged to have been caused, by reason of any of the 24 aforesaid operations. 25 26. WCDC agrees to conform to and abide by the provisions 26 of "Section 1. RecommendationsD, of a portion of a report 27 entitled "Report of the Special Council Subcommittee for Social 28 Service FundsD dated and adopted on February 18, 1975 and on -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :1 J ! file in the Office of the City Clerk of City. 27. If WCDC shall fail to comply with any term, condition or provision of this agreement or to expend or use the funds as herein provided, the City may terminate this agreement by mailing written notice to WCDC, and this agreement shall thereupon terminate forthwith. City shall have the right to terminate this agreement and any funding hereunder without cause by mailing a ten (10) day written notice to WCDC and this agreement shall terminate ten (10) days after the mailing of such notice, and thereafter any unpaid funds shall not be prorated or paid to WCDC. 28. It is understood and agreed by the parties hereto that WCDC shall only perform projects assigned by City, and City shall have the right to make assignments of such jobs or projects to other persons or entities. WCDC's rights hereunder shall not be considered as exclusive. 29. During the term of this agreement, WCDC agrees as follows: (al WCDC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. WCDC will take affirmative action to ensure that applicants 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 1 recruitment or recruitment advertising 1 layoff or termination; rates of payor other forms of c01llpensationl and selection for training, including apprenticeship. WCDC agrees -10- 1 to post in conspicuous places, available to employees and 2 applicants for employment, notices to be provided by the City 3 setting forth the provisions of this nondiscrimination clause. 4 (b) WCDC will, in all solicitations or advertise- S ments for employees placed by or on behalf of WCDC, state that 6 all qualified applicants will receive consideration for employ- 7 ment without regard to race, color, religion, sex, or national 8 origin. 9 (c) WCDC will send to each labor union or repre- 10 sentative of workers with which it has a collective bargaining 11 agreement or other contract or understanding, a notice, to be 12 provided by the City, advising the labor union or workers' repre- 13 sentative of WCDC's commitments under Section 202 of Executive 14 Order No. 11246 of September 24, 1965, and shall post copies of 15 the notice in conspicuous places available to employees and 16 applicants for employment. 17 (d) WCDC will comply with all provisions of 18 Executive Order No. 11246 of September 24, 1965, and of the rules, 19 regulations, and relevant orders of the Secretary of Labor. 20 (e) WCDC will furnish all information and reports 21 required by Executive Order No. 11246 of September 24, 1965, and 22 by the rules, regulations, and orders of the Secretary of Labor, 23 or pursuant thereto, and will permit access to its books, records, 24 and accounts by the City and the Secretary of Labor for purposes 25 of investigation to ascertain compliance with such rules, regu- 26 lations, and orders. 27 (f) In the event of WCDC's noncompliance with the 28 nondiscrimination clauses of this agreement or with any of such -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rules, regulations, or orders, this agreement may be cancelled, terminated or suspended in whole or in part and WCDC may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of september 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) WCDC will include the provisions of subsections (a) through (g) 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 No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. WCDC will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance; provided; however, that in the event WCDC becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, WCDC may request the United States to enter into such 1itiga~ion to protect the interests of the United States. 30. (a) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work, or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deductions or rebate on any account (except -,.,- 1 such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of I I the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be 2 3 4 5 6 7 alleged to exist between WCDC and such laborers and mechanics; I I 8 and the wage determination decision shall be posted by WCDC at 9 the site of the work in a prominent place where it can be easily 10 seen by the workers. For the purpose of this clause, contribu- 11 tions made or costs reasonably anticipated under Section l(b) (2) 12 of the Davis-Bacon Act on behalf of laborers or mechanics are 13 considered wages paid to such laborers or mechanics, subject to 14 the provisions of 29 CFR 5.5(a) (1) (iv). Also for the purpose of 15 this clause, regular contributions made or costs incurred for 16 more than a weekly period under plans, funds, or programs, but 17 covering the particular weekly period, are deemed to be con- 18 structive1y made or incurred during such weekly period. 19 (ii) The City shall require that any class of laborers or 20 mechanics which is not listed in the wage determination and which 21 is to be employed under this agreement, shall be classified or 22 reclassified conformably to the wage determination, and a report 23 of the action taken shall be sent by the Federal agency to the 24 Secretary of Labor. In the event the interested parties cannot 25 agree on the proper classification or reclassification of a 26 particular class of laborers and mechanics to be used, the 27 question accompanied by the recommendation of the City shall be 28 referred to the Secretary for final determination. -13- 1 (iii) The City shall require, whenever the minimum wage 2 irate prescribed in the agreement for a class of laborers or 3 mechanics includes a fringe benefit which is not expressed as an 4 hourly wage rate and WCDC is obligated to,pay a cash equivalent 5 of such a fringe benefit, an hourly cash equivalent thereof to be 6 established. In the event the interested parties cannot agree 7 upon a cash equivalent of the fringe benefit, the question, 8 accompanied by the recommendation of the City, shall be referred 9 to the Secretary of Labor for determination. 10 (iv) If WCDC does not make payments to a trustee or 11 other third person, it may consider as part of the wages of any 12 laborer or mechanic the amount of any costs reasonably anticipated 13 in providing benefits under a plan or program of a type expressly 14 listed in the wage determination decision of the Secretary of 15 Labor which is a part of this agreement I provided, however, the 16 Secretary of Labor has found, upon the written request of WCDC 17 that the applicable standards of the Davis-Bacon Act have been 18 met. The Secretary of Labor may require WCDC to set aside in 19 a separate account assets for the meeting of obligations under 20 the plan or program. 21 (b) Withholding. The Federal agency involved may with- 22 hold or cause to be withheld from WCDC so much of the accrued 23 payments or advances as may be considered necessary to pay 24 laborers and mechanics employed by WCDC or any subcontractor on 25 the work the full amount of wages required by the agreement. In 26 the event of failure to pay any laborer or mechanic employed or 27 working on the site of the work, or under the United S~ates 28 Housing Act of 1937 or under the Housing Act of 1949 in the -14- II 1- ! 1 construction or development of the project, all or part of the 2 wages required by the agreement, the agency may, after written 3 notice to WCDC, sponsor, applicant, or owner, take such action 4 as may be necessary to cause the suspension of any further pay- 5 ment, advance, or guarantee of funds until such violations have 6 ceased. 7 (c) Payrolls and basic records. (i) Payrolls and basic 8 records relating thereto will be maintained during the course of 9 the work and preserved for a period of three years thereafter for 10 all laborers and mechanics working at the site of the work, or 11 under the United States Housing Act of 1937, or under the Housing 12 Act of 1949, in the construction or development of the project. 13 Such records will contain the name and address of each such 14 employee, his correct classification, rates of pay (including 15 rates of contributions or costs anticipated of the types des- 16 cribed in section l(b) (2) of the Davis-Bacon Act), daily and 17 weekly number of hours worked, deductions made and actual wages 18 paid. Whenever the Secretary of Labor has found under 29 CFR 19 5.5(a) (1) (iv) that the wages of any laborer or mechanic include 20 the amount of any costs reasonably anticipated in providing 21 benefits under a plan or program described in section 1(b)2(b) (B) 22 of the Davis-Bacon Act, WCDC shall maintain records which show 23 that the commitment to provide such benefits is enforceable, that 24 the plan or program is financially responsible, and that the plan 25 or program has been communicated in writing to the laborers or 26 mechanics affected, and records which show the costs anticipated 27 or the actual cost incurred in providing such benefits. 28 (ii) WCDC will submit weekly a copy of all payrolls to -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- mit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Department of Housing and Urban Development. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic con- form with the work he performed. A submission of a "Weekly statement of Compliance" which is required under this agreement and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a) (1) (iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. WCDC will make the records required under the labor standards clauses of the agreement available for inspection by authorized representatives of the City, the Department of Housing and Urban Development, and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. (d) Apprentices. Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a pro- -16- ~ I I- i 1 gram registered with the Bureau of Apprenticeship and Training, 2 United States Department of Labor. The allowable ratio of 3 apprentices to journeymen in any craft classification shall not 4 be greater than the ratio permitted to WCDC as to its entire 5 work force under the registered program. Any employee listed on 6 a payroll at an apprentice wage rate, who is not registered as 7 above, shall be paid the wage rate determined by the Secretary of 8 Labor for the classification of work he actually performed. 9 WCDC or subcontractor will be required to furnish to the City 10 written evidence of the registration of its program and 11 apprentices as well as of the appropriate ratios and wage rates, 12 for the area of construction prior to using any apprentices on 13 the contract work. 14 (e) WCDC shall comply with the Copeland Regulations 15 (29 CFR Part 3) of the Secretary of Labor which are herein 16 incorporated by reference. 17 (f) Subcontracts. WCDC will insert in any subcontracts 18 the clauses contained in 29 CFR 5.5(a) (1) through (5) and (7) and 19 such other clauses as the Federal agency involved may by 20 appropriate instructions require, and also a clause requiring the 21 subcontractors to include these clauses in any lower tier sub- 22 contracts which they may enter into, together with a clause re- 23 quiring this insertion in any further subcontracts that may in 24 turn be made. 25 (g) Contract termination; debarment. A breach of 26 clauses (a) through (f) may be grounds for termination of the 27 agreement, and for debarment as provided in 29 CFR 5.6. 28 31. (a) Overtime Requirements. No contractor or sub- -17- I. 1 contractor contracting for any part of the contract work which 2 may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in 3 4 which he is employed on such work to work in excess of eight 5 6 7 8 9 10 11 hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may , !be. 12 i (b) Violation; liability for unpaid wages; liquidated I damages. In the event of any violation of the clause set forth ; lin subparagraph (a), WCDC and any subcontractor responsible I therefor shall be liable to any affected employee for his unpaid I wages. In addition, such contractor and subcontractor shall be I !liab1e to the united States (in the case of work done under con- 13 14 15 16 17 tract for the District of Columbia or a territory, to such I District or to such territory), for liquidated a.mages. Such I liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the 18 19 20 21 clause set forth in subparagraph (a), in the sum of $10 for each n 23 24 25 26 calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard work- week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (a). (c) Withholding for unpaid wages and liquidated damages. 27 The Federal agency involved may withhold or cause to be withheld, 28 from any moneys payable on account of work performed by WCDC or -18- 1 subcontractor, such sums as may administratively be determined to 2 be necessary to satisfy any liabilities of such contractor or 3 subcontractor for unpaid wages and liquidated damages as provided 4 in the clause set forth in subparagraph (b). S (d) Subcontracts. WCDC shall insert in any subcontracts 6 the clauses set forth in subparagraphs (a), (b), and (c) of this 7 paragraph and also a clause requiring the subcontractors to in- 8 clude these clauses in any lower tier subcontracts which they may 9 enter into, together with a clause requiring this insertion in 10 any further subcontracts that may in turn be made. 11 32. (a) The work to be performed under this agreement is 12 on a project assisted under a program providing direct Federal 13 financial assistance from the Department of Housing and Urban 14 Development and is subject to the requirements of section 3 of 15 the Housing and Urban Deveiopment Act of 1968, as amended, 12 16 U.S.C. l70lu. Section 3 requires that to the greatest extent 17 feasible opportunities for training and employment be given 18 lower income residents of the project area and contracts for work 19 in connection with the project be awarded to business concerns 20 which are located in, or owned in substantial part by persons 21 residing in the area of the project. 22 (b) The parties to this agreement will comply with the 23 provisions of said section 3 and the regulations issued pursuant 24 thereto by the Secretary of Housing and Urban Development set 2S forth in 24 CFR , and all applicable rules and orders of the 26 Department issued thereunder prior to the execution of this agree- 27 ment. The parties to this agreement certify and agree that they 28 are under no contractual or other disability which would prevent -19- 1 them from complying with these requirements. 2 (c) WCDC will send to each labor organization or 3 representative of workers with which he has a collective bargain- 4 ing agreement or other contract or understanding, if any, a 5 notice advising the said labor organization or workers' repre- , sentative of his commitments under this section 3 clause and 7 shall post copies of the notice in conspicuous places available 8 to employees and applicants for employment or training. 9 (d) WCDC will include this section 3 clause in every 10 subcontract for work in connection with the project and will, 11 at the direction of the applicant for or recipient of Federal 12 financial assistance, take appropriate action pursuant to the 13 subcontract upon a finding that the subcontractor is in 14 violation of regulations issued by the Secretary of Housing and 15 Urban Development, 24 CFR . WCDC will not subcontract 16 with any subcontractor where it has notice or knowledge that the 17 latter has been found in violation of regulations under 24 CFR 18 and will not let any subcontract unless the subcontractor 19 has first provided it with a preliminary statement of ability to 20 comply with the requirements of these regulations. 21 (e) Compliance with the provisions of section 3, the 22 regulations set forth in 24 CFR , and all applicable rules 23 and orders of the Department issued thereunder prior to the 24 execution of the contract, shall be a condition of the Federal 25 financial assistance provided to the project, binding upon the 26 applicant or recipient for such assistance, its successors, and 27 assigns. Failure to fulfill these requirements shall subject the 28 applicant or recipient, its contractors and subcontractors, its -20- 1 ,successors and assigns to those sanctions specified by the grant 2 lor loan agreement or contract through which Federal assistance 3 is provided, and to such sanctions as are specified by 24 CFR 4 .135. 5 33. This agreement is subject to the requirements of the 6 Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion 7 of the assistance provided under this agreement is approved for 8 acquisition or construction purposes as defined under section 3(a) 9 of said Act, for use in an area identified by the Secretary as 10 having special flood hazards which is located in a community not 11 then in compliance with the requirements for participation in the 12 national flood insurance program pursuant to section 20l(d) of 13 said Act; and the use of any assistance provided under this agree- 14 ment for such acquisition or construction in such identified areas 15 in communities then participating in the national flood insurance 16 program shall be subject to the mandatory purchase of flood in- 17 surance requirements of section 102(a) of said Act. 18 34. This agreement is subject to the requirements of the 19 Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal 20 Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. 21 and the regulations of the Environmental Protec~ion Agency with 22 respect thereto, at 40 CFR Part 15, as amended from time to time. 23 35. No member of or delegate to the Congress of the 24 united States, and no Resident Commissioner, shall be admitted to 25 any share or part of this agreement or to any benefit to arise 26 from the same. 27 36. No member, officer, or employee of the City, or its 28 designees or agents, no member of the governing body of the City, -21- 1 2 3 4 5 , 1 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 II 23 ~ 25 26 27 28 land no other public official 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 in- direct, in any contract or subcontract, or the prooeeds thereof, for work to be performed in connection with the program assisted under this agreement. 37. The assistance provided under this agreement shall not be used in the payment 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 agree- ment, Title I of the Housing, and Community Development Act of 1974 or HUD regulations with respeot thereto 1 provided, however, that reasonable fees or bona fide technical, consultant, manageria or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 38. WCDC shall not assign this agreement, or any interest therein, without first obtaining City's wrieten consent thereto. . . . . . . . . . . -,,- 1 39. Time is of the essence of this agreement. 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 agreement on the day and year first above written. 4 ATTEST: 5 6 7 8 9 10 I '/ I SAN BERNARDINO WESTSIDE COMMUNITY DEVELOPMENT CORP ION 11 12 13 By dt/~iM. a/bJ2-fI- 14 15 form: 16 17 18 19 20 21 22 23 24 25 26 27 28 -23- . CRITICAL MAINTENANCE HOME REPAIR GRANT PROGRAM PROPOSED BUDGET - SAN BERNARDINO WESTS IDE COMMUNITY DEVELOPMENT CORPORATION JULY 1, 1977 to JUNE 30, 1978 SALARIES: Executive Director @ $21,800/year = $1,816/month x 12 months x 70% Deputy Director @ $18,500/year = $1 ,541 /month x 12 months x 90% Payroll Clerk @ $7,800/year = $650/month x 12 months $15,260 16,650 7,800 Sub Total $39,710 FRINGE BENEFITS: FICA @ 5.85% x $39,710 SUI @ 2.6% x $39,710 FUI @ .5% x $39,710 Health @ $82/month x 12 months Workmans Compo @ 39% x $39,710 $ 2,323 1,033 199 984 155 Sub Total $ 4,694 OTHER COSTS: Reproduction @ $25/month x 12 months Telephone @ $150/month x 12 months Office Supplies @ $41.33/month x 12 months Sub Total $ 300 1,800 496 $ 2,596 TOTAL PROPOSED BUDGET .$47,000 EXHIBIT "I"