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HomeMy WebLinkAbout14-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL Ate' INAL From: James Sharer, Director Subject: Resolution authorizing the City Manager to execute a Dept: Facilities Management Contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide Date: May 15, 2007 security improvements at Boys & Girls Club/Delmann Heights using County CDBG funds. M/CC Meeting Date: July 16,2007 Synopsis of Previous Council Action: None Recommended Motion: 1. Adopt Resolution. 2. Authorize the Director of Finance to amend the FY 2007/08 Budget and increase account # 001-321-5706 by $23,600 to reflect the County CDBG reimbursement to be received. James . Sharer Director of Facilities Managemen Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report, Contract Ward(s): 6 FUNDING REQUIREMENTS: Amount: $23,600 Source:: 001-321-5706 Alterations and Renovations Barbara Pachon Director of Finance Council Notes: /P�d o�Ov•�. �SCQ AD . /' CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the City Manager to execute a contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide security improvements at the Boys & Girls Club/Delmann Heights using County CDBG funds. BACKGROUND The Boys & Girls Club/Delmann Heights is located in the City building at 2969 North Flores Street. This non-profit agency has occupied this site since 2004 and provides youth services to City and County residents located on the west-side of the City. The Club applied for and received a Community Development Block Grant(CDBG) from the County to provide security improvements. The Delmann Heights Community Center is a 9,346 sf recreation center built in 1969. This grant will provide new security cameras around the perimeter and allow for the replacement of the 38 year old exterior doors. The attached contract from the County is a three-party contract that identifies the role of each party and their responsibilities. The City is the property owner, and is asked to provide contract management for this project. Staff has reviewed the project and the contract and recommends approval. FINANCIAL IMPACT The County of San Bernardino Economic and Community Development Department have approved this project for FY 2007-2008 using CDBG Funds in the amount of$23,600. No City funds will be used for this project. RECOMMENDATION 1. Adopt resolution, and 2. Authorize the Director of Finance to amend the FY 2007/08 Budget and increase account # 001-321-5706 by $23,600 and the offsetting revenue account by $23,600 to reflect the County CDBG reimbursement to be received. I _ 1 C (DPY 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO 4 EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE 5 SECURITY IMPROVEMENTS AT THE BOYS & GIRLS CLUB/DELMANN 6 HEIGHTS USING COUNTY CDBG FUNDS. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 8 THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 SECTION 1. The City of San Bernardino, the County of San Bernardino. and the Boys 11 & Girls Club of San Bernardino are entering into a contract using County CDBG 12 Funds to provide security improvements to the Boys & Girls Club/Delmann Heights. 13 The City Manager is hereby authorized and directed to execute said contract on behalf 14 of the City; a copy of the contract is attached hereto as Exhibit A and incorporated 15 16 herein. 17 SECTION 2. Any amendment or modification thereto shall not take effect or become 18 operative until fully signed and executed by the parties and no party shall be obligated 19 hereunder until the time of such full execution. No oral agreements, amendments, 20 modifications or waivers are intended or authorized and shall not be implied from any 21 22 act or course of conduct of any party. This resolution is rescinded if the parties to the 23 contract fail to execute it within sixty (60) days of the passage of this resolution. 24 25 26 27 28 7 / i 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO 3 AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE SECURITY IMPROVEMENTS AT THE BOYS & GIRLS CLUB/DELMANN 4 HEIGHTS USING COUNTY CDBG FUNDS. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2007, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 2007. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to form: 26 n J es F. Penman, City Attorney 28 i Exhibit A SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO This Contract is made and entered into by and between San Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Boys and Girls Club of San Bernardino, hereinafter referred to as "CLUB". WHEREAS, COUNTY has entered into a Contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Community Development and Housing hereinafter referred to as "CDH", is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, the CITY Department of Facilities Management, hereinafter referred to as "FMCSB", is authorized to act on behalf of CITY to manage improvement projects at CITY facilities and to maintain CITY facilities; and, WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and recreational activities for children and youth from low-and moderate-income households living in the unincorporated community of Muscoy, as well as in the City of San Bernardino and other nearby unincorporated areas; and, WHEREAS, CITY owns the CLUB facility located at 2969 N. Flores, San Bernardino and the CLUB operates programs and services out of the facility for the benefit of children and youth under a lease; and, WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for CLUB; and, WHEREAS, this contract among the herein-named delineates only the responsibilities of the parties regarding this contract and is not intended to supersede any contract between the CITY as lessor and CLUB as lessee; and, WHEREAS, on September 26, 2006 (Item #68), as part of the Consolidated Plan amendment to the 2006-07 Action Plan, the Board of Supervisors allocated $23,600 to install security cameras and doors at the Delmann Heights Community Center—Boys and Girls Club of San Bernardino, and, WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the improvements. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the construction of facility improvements and for the maintenance and operation of the CLUB facility located in the Delmann Heights Community Center at 2969 N. Flores, San Bernardino, hereinafter referred to as "FACILITY". 2. SCOPE OF PROJECT CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS", to include the purchase and installation of security cameras and reinforced security doors for the FACILITY.. Page 1 of 10 I y Additional improvements may be included only after written Contract among CITY CLUB and COUNTY. The Y Y g actual scope of IMPROVEMENTS may not include all items identified herein,but shall be limited to the amount of CDBG funding identified in Section 4, FUNDING. CITY and CLUB shall maintain and operate FACILITY for the purpose of providing educational and recreational programs and services to children and youth from low- and moderate-income households living in the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period identified in Section 8, MAINTENANCE AND OPERATION. Each qualifying participant of said programs under the terms of this contract shall be identified as a unit of service. Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 3. TIME OF PERFORMANCE CITY and CLUB shall comply with the terms of this contract for no less than ten (10) years beginning upon the date of completion of IMPROVEMENTS. The Contract term is for ten (10) years as specified in Section 8, MAINTENANCE AND OPERATION. In addition to the ten (10) year term, CITY and CLUB are required to uphold the terms of the contract for an additional five (5) years after expiration of this contract as specified in Section 26, REVERSION OF ASSETS. 4. FUNDING COUNTY shall utilize CDBG funds to reimburse CITY for eligible construction costs in an amount not to exceed of twenty three thousand six hundred dollars ($23,600) for the purpose of constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the amounts available in this section shall be the sole responsibility of CITY and CLUB. This condition however, does not preclude COUNTY from providing additional funding at its sole discretion. Payment by COUNTY will be made on a cost reimbursement basis to the entity providing construction management services as indicated in Section 5, CONSTRUCTION MANAGEMENT. Request for Reimbursement shall be made to CDH and accompanied by pertinent "audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY, and CLUB agree CITY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with federal labor standards, including the Davis-Bacon Act and other related acts associated with the CDBG program. COUNTY shall provide project administrative services for activities related to completion of IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached "Request for Approval", Exhibit 1 of 5, to request approval from COUNTY to advertise for bids or to award any contract(s) prior to actual bidding or awarding of contract(s), as identified in the attached "Coordination Procedures", Exhibit 2 of 5. In addition, CITY shall insert Attachment "D", CDH Construction Contract Provisions, Exhibit 3 of 5, into all construction bid package(s) prior to bidding. CITY shall submit to CDH all required documents for compliance with federal labor standards, including the Department of Labor's weekly certified payroll form W11-347348 with original signatures. CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force account labor is used, CITY will provide to CDH, prior to start of construction, the names of CITY staff who will engage in construction and the scope of work to be performed. 6. COMPENSATION AND METHOD OF PAYMENT �r For performance of said services, COUNTY shall provide CDBG funds not to exceed twenty three thousand six hundred dollars ($23,600). This payment shall constitute full and complete compensation for CITY services Page 2 of 10 under this contract. For the purposes of this contract, COUNTY shall disburse compensation and monitor CITY performance in satisfying the scope of work obligations under the terms of this contract. Disbursement of payments to CITY for IMPROVEMENTS shall be in the form of reimbursement. COUNTY shall reimburse CITY for CITY's actual cash disbursement under the term of this contract. Reimbursement shall be contingent upon COUNTY receipt of completed "Monthly Report of Grant Expenditures and Request for Reimbursement" form, Exhibit 4 of 5, accompanied with pertinent "audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement. Eligibility for reimbursements is subject to compliance with Coordination Procedures, Exhibit 2 of 5, and timely submittal of contract compliance documents. 7. WITHHOLDING OF FUNDS CDH shall retain the right to withhold funds from CITY upon giving written notice to CITY indicating that CDH has determined the CITY has not met its obligations in a satisfactory or timely manner consistent with federal regulations or policy. CDH shall notify CITY in writing of this determination, specifying objections to CITY's performance. CITY shall then have a maximum of ten (10) days in which to remedy the said deficiencies. Should the deficiencies not be remedied within that time frame, CDH, upon written notice to CITY, shall have full authority to terminate the implementation of CITY for said IMPROVEMENTS. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 8. MAINTENANCE AND OPERATION CITY and CLUB shall have sole responsibility for the maintenance and operation of FACILITIES at the sole expense of CITY and CLUB for a period of not less than ten (10)years beginning upon the date of completion of IMPROVEMENTS. FACILITIES shall be maintained and operated at all times for the purpose of providing programs and services for children and youth from low-and moderate-income households as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. CLUB shall be responsible for completing and submitting to COUNTY the Public Facility Certification form. This form will be provided by CDH. 9. ON-SITE INSPECTION COUNTY, its officers, agents, employees, persons under Contract with COUNTY and representatives of HUD, will have the privilege and right to on-site inspection of the FACILITY for the duration of this Contract. CLUB will ensure that its employees or agents furnish any information that in the judgement of COUNTY and HUD representatives may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program. 10. CONTRACT COMPLIANCE CITY and CLUB will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 85.36(e). CITY and CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01, and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY and CLUB shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and women. In Page 3 of 10 -.No...• addition, CITY and CLUB shall make every effort to employ residents of the area and shall keep a report of CITY and CLUB staff positions that have been created directly as a result of this program. 11. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws, ordinances,regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 12. CONFLICT OF INTEREST CITY and CLUB shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies,rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY and CLUB, who exercises any functions or responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision making process or gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this Contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/her tenure. CITY and CLUB shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 13. FORMER COUNTY OFFICIALS CITY and CLUB agrees to provide or has already provided information on former COUNTY Administrative Officials (as defined below) who are employed by or represent CITY and CLUB on this project. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five(5) years and are now officers,principals,partners, associates,or members of the business. The information also includes the employment with or representation of CITY and CLUB. For purposes of this provision, "COUNTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Administrative Officer or member of such Officer's staff, COUNTY Department or Group Head, Assistance Department or Group Head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. 14. INDEMNIFICATION CITY and CLUB agree to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses,damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY and CLUB shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY and CLUB under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY and CLUB under this Contract were improperly expended. COUNTY agrees to indemnify and hold harmless CITY and CLUB, their officers, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions which arise from the COUNTY's performance of its obligations under this Contract to the extent such Page 4 of 10 claims, actions, losses, demands and/or liability is caused by or results from the negligent or intentional acts or omissions of the COUNTY, its officers, employees, agents and volunteers, and for any costs or expenses incurred by CITY and CLUB on account of any claim therefore, except where such indemnification is prohibited by law. In the event the COUNTY and/or CITY and CLUB are found at fault for any claim, action, loss or damage which results from their respective obligations under the Contract, the COUNTY and/or CITY and CLUB shall indemnify the other to the extent of their comparative fault. 15. INSURANCE REQUIREMENTS Without, in any way affecting the indemnity herein provided and in addition thereto, CLUB shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons providing services on behalf of CLUB and all risks to such persons under this Contract. If CLUB has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers'Compensation coverage will be waived by the County's Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Comprehensive General and Automobile Liability Insurance - This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Comprehensive General Automobile Liability Insurance and Transportation Liability- This coverage is to include contractual coverage, automobile liability coverage and transportation liability coverage while providing transportation services in owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000). Errors and Omissions Liability Insurance - Combined single limits of$1,000,000 for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or occurrence. Additional Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights -Except for Errors and Omissions and Professional Liability, CLUB shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers,employees, agents,volunteers, contractors and subcontractors. Page 5 of 10 Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY. Proof of Coverage - CLUB shall immediately furnish certificates of insurance to CDH and CITY evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CDH and CITY, and CLUB shall maintain such insurance from the time CLUB commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit 5 of 5, INSURANCE INVENTORY, along with the above-required insurance documents. 16. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. The County and City's Risk Managers are authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY risk. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CLUB agrees to execute any such amendment within thirty(30)days of receipt. 17. ADDITIONAL INSURANCE REQUIREMENTS CLUB shall, at its sole expense, obtain and deliver to COUNTY for its approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by CLUB at its sole expense for the term of this Contract. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY. CLUB shall inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 18. SELF INSURANCE CITY and COUNTY are authorized self-insured public entities for the purposes of general liability, automobile liability, professional liability and worker's compensation. CITY and COUNTY warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. 19. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY and CLUB agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further,CITY and CLUB agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds Page 6 of 10 i made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CITY and CLUB conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract,.and participation must be voluntary for the beneficiaries of the CDBG-funded program services. FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the FACILITY on an equal basis,and are assessed equal rent or use charges, if any. 20. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CITY and CLUB. 21. ASSIGNMENT AND SUBLETTING CITY and CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless COUNTY has previously given their written consent. Provided, however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Contract. If CITY and CLUB attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by CITY and CLUB, or if CITY and CLUB is adjudged bankrupt or insolvent by any court or upon CITY and CLUB making an assignment for the benefit of creditors, COUNTY may, at its option, forthwith terminate this Contract upon written notice thereof to CITY and CLUB, and thereupon,no one but COUNTY shall have any further rights hereunder. 22. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither CITY nor CLUB, nor their successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY. Notwithstanding Section 23, VIOLATION OF CONTRACT, and any other provisions herein, CITY or CLUB shall reimburse COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of non-CDBG funds for IMPROVEMENTS, should CITY or CLUB sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Contract. 23. VIOLATION OF CONTRACT In the event that CITY and/or CLUB violate any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CITY and/or CLUB has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY and/or CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination all CDBG funds that have heretofore been provided by COUNTY to CITY and CLUB pursuant to the terms of the contract. Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY shall be in addition to that contained herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in Section 22, HYPOTHECATION OF REAL PROPERTY. Page 7 of 10 24. PROGRAM REPORTING AND RETENTION OF RECORDS CITY and CLUB agree to prepare and submit financial,program progress, and other reports as required by HUD or COUNTY directives. CITY and CLUB shall maintain such program,property,personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CITY and CLUB for a minimum of five(5)years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow CITY and CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that are subject to litigation or audit must be maintained for five (5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for the five (5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG- purchased equipment begins at the end of the equipment's use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY and CLUB records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CITY and CLUB are required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. 25. TERMINATION BY COUNTY Notwithstanding Section 23, VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. 26. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to,the property. 27. AMENDMENTS. VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by the parties. 28. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid,unenforceable, void or voidable for any reason whatsoever,by a court of competent jurisdiction, each and all of the remaining terms,provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Page 8 of 10 f 29. BINDING INTEREST This Contract shall be binding on the parties, successors in interest,heirs and assigns. 30. SUSPENSION AND DEBARMENT By entering this Contract, CITY and CLUB certify that CIT`k' and CLUB, including their principals, are not suspended or debarred from participating in federally funded contracts and sub-awards. 31. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino Boys and Girls Club of San Bernardino Department of Community 1180 West 9t'Street Development and Housing San Bernardino,CA 92411 290 North "D" Street, Sixth Floor Attn: Dolores Armstead San Bernardino, CA 92415-0040 Attn: Community Development City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 Attn: Valerie Ross, Development Services Jim Sharer,Facilities Management 32. EASEMENTS,TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to CITY or CLUB or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY or CLUB or such person by reason of such determination. C. CITY and CLUB assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof,which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract, which are beyond the control of CITY and CLUB will make the Contract terms subject to re-negotiation. E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose, become a partner of CITY and CLUB, or a joint venturer with CITY and CLUB. Page 9 of 10 IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: PAUL BIANE,Chairman —PATRIC'ft t-MORRI"s,MR701- Board of Supervisors FRED WILSON, City Manager Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO APPROVED AS TO LEGAL FORM THE CHAIRMAN OF THE BOARD B Y• DENA M. SMITH t Attorney Clerk of the Board of Supervisors of the County of San Bernardino Date: By: '^ BOYS "ND,GIRLS CLUB OF SAN BERNARDINO By:�i' f�,� a Date: DOLORES ARMSTEAD,President APPROVED AS TO LEGAL FORM Date: RUTH E. STRINGER County Counsel By: MICHELLE D. BLAKEMORE Deputy County Counsel for CDH Date: Page 10 of 10 EXHIBIT 1 of 5 Date: Community Development Division Department of Community Development and Housing 290 North "D" Street, Sixth Floor San Bernardino, CA 92415-0040 REQUEST FOR APPROVAL Project Activity Name: Muscoy: Security Cameras and Door at Delmann Heights Community Center— Boys and Girls Club SB Case Number: 215-32103/3038 Activity Location: 2969 N. Flores Avenue San Bernardino The City of San Bernardino hereby request approval to ISSUE: ( ) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES ( ) AN INVITATION TO BID FOR CONSTRUCTION SERVICES ( ) A CONTRACT CHANGE ORDER AWARD: ( ) A CONSULTANT SERVICES CONTRACT ( ) A CONSTRUCTION SERVICES CONTRACT ( ) SOLE SOURCE PROCUREMENT ( ) PURCHASE ORDER Name of Contractor: Address: Contact Person: Amount of Contract/Change Order: Subcontractors: ( ) List Attached ( ) No Contractors The following materials and documentation are submitted for review and approval: Signature of Department Official Date Page 1 of 1 EXHIBIT 2 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COORDINATION PROCEDURES I. Introduction The following procedures identify the actions, responsibilities, and sequence of events for CDBG funded projects being implemented by a coordinated effort between the San Bernardino County Department of Community Development and Housing, hereinafter referred to as "CDH," and the City of San Bernardino, hereinafter referred to as "CITY". For each action or event listed in Section III of this attachment, the entity responsible for carrying out that action or event is referenced beside it. Section IV contains regulations and statutes applicable to CDBG funded activities. II. Authorization to Proceed The CITY is not authorized to expend funds or to initiate CDBG projects until authorized to do so in writing by CDH. Contract procurement shall be governed by all Federal regulations and statutes, as amended, as listed in Section IV of the Attachment. CDH payments of CITY Requests for Reimbursement will be subject to CITY submittal of a complete reimbursement report package as listed in Section III, C-21. III.Actions and Responsibilities A. Architect and/or Engineer Selection 1. The usual procedure for the selection of an architect or engineer involves a Request for Proposal (RFP) for professional services, following this process: a. CITY: Prepares an RFP for architectural, engineering, or other consultant services. b. CITY: Submits, prior to release all RFP's to CDH for review for contract compliance and consistency with Federal Title 24 CFR, Part 85 Section 85.36 (Procurement Standards). c. CITY: Reviews RFP's for compliance with State, Federal, local and CDH regulations. Requests CDH for"Approval to Proceed to Issue RFP". d. CDH: Issues to CITY an "Approval to Proceed to Issue an RFP". e. CITY: Advertises RFP, receives responses, interviews, requests CDH representation on selection committee and makes selection. f. CITY: Notifies CDH of selection. Sends back-up documentation and draft contract to CDH. Requests CDH for "Approval to Proceed to Award a Consultant Services Contract". g. CDH: Reviews final contract for contract compliance and issues an "Approval to Proceed to Award a Consultant Services Contract". h. CITY: Awards Consultant Services Contract. Page 1 of 5 B. Design Phase 1. CITY: Monitors preparation of preliminary plans by architect. 2. CITY: Notifies CDH of all public meetings with architect five working days before event. 3. CDH/: Reviews and approves preliminary design. CITY 4. CITY: Secures all required permits and regulatory approvals. 5. CITY: Reviews and approves plans and specifications, and obtains current Federal Wage Decision to include in the bid package. CDH keeps current copies which are available by request. 6. CITY: Forwards construction bid package to CDH for review and approval along with request for "Approval to Proceed to Issue an Invitation to Bid for Construction Services". See Attachment "D" "Construction Contract Boilerplate", for the forms used in preparing bid packages. 7. CDH: Reviews and approves construction bid package for compliance with Federal and local regulations and forwards authorization to proceed with changes (if any) to CITY. 8. CITY: Secures plan check of plans and specifications from the appropriate Building and Safety Authority. D. Construction Phase 1. CITY: Determines bid solicitation process permitted by CDBG requirements under Federal Title 24 CFR Part 85.36 (Procurement Standards), and County contracting regulations. Advertises invitation to bid and receives bids. 2. CITY: Ten days prior to bid opening, CITY makes telephone contact with CDH and requests updated Federal Wage Decision. CDH will send to CITY the latest Wage Decision. If they are in any way different from those issued in the original bid package, CITY will immediately forward latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening. 3. CITY: Conducts bid opening and sends to CDH a copy of the contract bid specifications including copies of the wage decisions in effect at bid opening. 4. CITY: Reviews bid documents submitted by the low bidder to assure compliance with County Policy 15-01, if applicable, and 24 CFR 85.36(e) regarding the participation of minority, disadvantaged and women business enterprises (MWBE's) in the proposed construction contract. If CITY has its own plan, which meets the aforementioned requirements, it may use this plan for bid document reviews. 5. CITY: Submits the selected responsive low bidder information and list of subcontractors to CDH and requests CDH for "Approval to Proceed to Award a Construction Services Contract". If adjustment of funds or project description is needed, the written request for reallocation of funds or Page 2 of 5 change in project description should be sent at this time. Requests over 25% of project allocation, requires approval by CITY governing body in a public hearing. 6. CDH: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts. 7. CDH: Issues "Approval to Proceed" to CITY. 8. CITY: Approves the Affirmative Action Plan for contractors who: 1) employ ten (10) or more employees, or 2) bid work for more than $10,000. 9. CITY: Insures completeness of contract documents prior to award of contract. Construction contracts must contain a copy of Federal Labor Standards, applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions. 10. CITY: Awards Contract. 11. CITY: Notifies CDH of pre-construction conference. 12. CITY: Conducts pre-construction conference (CDH attendance mandatory). CDH forwards Contract Compliance Instructions to prime contractor. 13. CITY: Provides CDH with a copy of signed contract prior to start of construction. CITY ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; regarding Equal Employment Opportunity, and restrictions on public buildings and public works projects before signing contract. 14. CITY: Keeps an up-to-date record of all encumbrances and obligations, including staff costs incurred, to assure that the remaining balance of funds is known. 15. CDH/ CITY: Ongoing observation and monitoring of projects. 16. CITY: Conducts on-site interviews with employees regarding their wages. Sends copy of interviews to CDH. 17. CITY: Receives from contractor, requests for progress payments accompanied by Weekly Certified Payroll, form WH-347, and any other documentation of expenditures and work accomplished. Form WH-347 has been included in CDH bid package insert "Attachment D", 'CDH Contract Provisions'. 18. CDH: Obtain from contractor. and forward to CDH completed copies of Weekly Certified Payrolls WITH ORIGINAL SIGNATURES during the term of construction. 19. CDH: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 20. CDH: Checks contractor's compliance with the approved Affirmative Action Plan. 21. CITY: Submits to CDH once each month during the term of the construction contract, a report package containing: Page 4 of 5 ..r Request for Reimbursement and accompanying documentation. Payments on said requests are subject to complete compliance with Federal Labor Standards. 22. CITY: Notifies CDH of all meetings regarding CDH projects, such as Design Conferences, Public Meetings, meetings with Community Development Advisory Commission, and CITY at least five (5) working days before event occurs. 23. CITY: Processes change orders and sends copy(ies) of change order(s) along with "Request for Approval of a Contract Change Order" to CDH. Notifies CDH of proposed changes in the list of subcontractors(a) and submits "Request For Approval to Proceed" to add or delete subcontractor(s) from the approved list. 24. CITY- Must obtain approval from CDH regarding all change orders prior to authorizing the contractor to proceed with said changes. 25. CITY: Requests revisions to Maintenance and Operation Contract as needed. 26. CDH: Revises Maintenance and Operation Contract, issues "Approval to Proceed to Issue Change Order(s)" to CITY. 27. CITY: Notifies CDH of final inspections at least five (5) working days before inspection date. 28. CITY: Attends final inspections (CDH attendance optional). 29. CITY: Secures its governing body's acceptance of completed project and filing of *y,,w Notice of Completion. 30. CDH: Monitors project progress and contract compliance and issues, as necessary, "Notice of Non-Receipt of Monthly Status Report" or "Notice to Submit Final Activity Costs" notices to CITY. 31. CITY: Takes necessary actions to comply with said notices. 32. CITY: Prepares and submits "Notice of Completion" to CDH. 33. CDH: Conducts "Annual Certification of Use of Facilities". IV. CITY must ensure compliance with the following regulations and statutes, as amended, in carrying out CDBG funded activities: A. Community Development Block Grant Regulations of the Housing and Community Development Act of 1974, as amended (24 CFR 570) B. Applicable Uniform Administrative Requirements. 1) Office of Management and Budget Circular A-87. 2) Office of Management and Budget Circular A-128. it 4 3) 24 CFR Part 85. C. Applicable Uniform Administrative Requirements For Subrecipients that are not Governmental Entities. Page 5 of 5 1) Office of Management and Budget Circular A-110. 2) Office of Management and Budget Circular A-122. 3) 24 CFR Part 84. D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including: 1) Davis-Bacon Act (40 U.S.C. 276a to a-7). 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330). 3) Copeland Act (18 U.S.C. 874) E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended. F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508). G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) H. Archaeological and Historic Preservation Act of 1974. I. Rehabilitation Act of 1973, as amended. J. Americans With Disabilities Act. K. Clean Air Act (42 U.S.C. 7401 et seq) L. Clean Water Act (33 U.S.C. 1368). r.. M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part 135 (12 U.S.C. 1701 u). N. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq). O. Fair Housing Act (42 U.S.C. 3601-20). P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601-4655). Q. Hatch Act. R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)). s.r Page 5 of 5 EXHIBIT 3 of 5 ATTACHMENT "D" CDH CONSTRUCTION CONTRACT PROVISIONS i ATTACHMENT "D" TABLE OF CONTENTS Construction Contract Provision Definitions.............. .................................page 1 Bid Package INSERTS and Contract INSERTS ..........................................page 2 Required Documents Checklist................................................... ............page 3 Federal Labor Standards Provisions (HUD 4010 form)...................................pages 4-7 Contractor's Certification of Compliance with Davis-Bacon and Reated Acts.........page 8 Minority and Women Owned Business Enterprise Participation........................pages 9-10 Certification of Bidder Regarding Equal Employment Opportunity........................page 1 I Certification of Subcontractor Regarding Equal Employment Opportunity............page 12 Section 3 Report - Contracts of$100,000 or more........................................page 13 Section `3' Clause..............................................................................page 14 Federal Prevailing Wage Decision............................................................page 15 Affirmative Action Compliance Guidelines................................................pages 16-19 Equal Employment Opportunity (EEO) Clauses and EEO Construction Contract Provisions.......................................................................................pages 20-27 Certification of Compliance with Air & Water Acts......................................page 28 Additional Required Documents & Sample Documents....... ............................pages 29-42 CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the" Required Documents Checklist"for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors - Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60. Bid Bond - A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid. A sample form is included under"Example Documents"of the Attachment"D". Certificate of Owner's Attorney -This certificate is to be completed by the owner's attorney when applicable. A sample form is included under"Example Documents"of the Attachment"D". Certification of Bidder Regarding Equal Employment Opportunity -This certification is required by Federal law (41 CFR 60) and ,must completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Certification of Compliance with Air and Water Acts -The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. Certification of Proposed Subcontractor Regarding Equal Employment Opportunity - This certification must be completed by all subcontractors and submitted to the prime contactor for submittal to the CITY/COUNTY prior to the pre- construction meeting. Contractor's Certification of Compliance with Davis-Bacon and Related Acts - This certification is required by Federal law(29 CFR 5) and must be completed by the prime contractor and submitted to the CITY/COUNTY. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions - These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions (HUD 4010 form) - These provisions set forth the federal labor requirements for contactors working on a federally-assisted construction projects in which the prime contract exceeds $2,000. The prime contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds $2,000. The prime contractor is responsible for including these provisions in all subcontracts. Federal Prevailing Wage Decision - The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at http://www.gpo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in effect 10 days prior to the bid opening date. Labor and Materials Bond - This payment bond guarantees that employees/subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor & Materials Bond must be at least one hundred percent (100°/x) of the contract price and must be submitted to the CITY/COUNTY upon award of the contract. Minority and Women-Owned Business Enterprise Participation Form - This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Performance Bond - This bond guarantees the contractor's performance under the terms of the construction contract and must be at least one hundred percent (100%) of the contract price and submitted to the CITY/COUNTY following award of the contract. "Section 3" -This law applies to construction contracts exceeding $100,000, on projects funded by the U.S. Department of Housing and Urban Development (HUD). To the greatest extent feasible, contractor(s) and subcontractor(s) must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25% of its work to Section 3 businesses. Page 1 of 42 �F BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and ''Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women. INSERT - CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached. Page 2 of 42 i REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ] 1. Bid Package signed by contractor or letter stating that the project specifications document is part of the contract [ J 2. Signed Partnership Agreement (if applicable) [ ] 3. Bid Bond REQUIRED PRIOR TO PRECONSTRUCTION MEETING ( ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract [ ] 5. Bonds (performance/payment or labor and material bonds) [ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form [ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment [ ] 8. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements REQUIRED DURING CONSTRUCTION [ ) 9. Weekly Certified Payrolls [ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)* [ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/ fund)* A [ ] 12. Section 3 Report (Applies to contracts of$100,000 or more) *Note: These forms are located in the "Additional Required Documents/Sample Documents"section of Attachment 'D" and will be discussed by County CDH staff at the preconstruction meeting C Page 3 of 42 Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations ,%pplicability The project or program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor, included in this Contract pursuant to the provisions applicable to Washington, D.C. 20210. The Administrator, or an authorized such Federal assistance. representative, will approve, modify, or disapprove every additional A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30-day not less often than once a week, and without subsequent period that additional time is necessary. (Approved by the Office deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215- deductions as are permitted by regulations issued by the Secretary 0140.) of Labor under the Copeland Act (29 CFR Part 3), the full amount (c) In the event the contractor, the laborers or mechanics to be of wages and bona fide fringe benefits (or cash equivalents employed in the classification or their representatives,and HUD or thereof) due at time of payment computed at rates not less than its designee do not agree on the proposed classification and wage those contained in the wage determination of the Secretary of rate (including the amount designated for fringe benefits, where Labor which is attached hereto and made a part hereof, regardless appropriate), HUD or its designee shall refer the questions, of any contractual relationship which may be alleged to exist including the views of all interested parties and the recommenda- between the contractor and such laborers and mechanics. tion of HUD or its designee,to the Administrator for determination. Contributions made or costs reasonably anticipated for bona fide The Administrator, or an authorized representative, will issue a fringe benefits under Section I(b)(2) of the Davis-Bacon Act on determination within 30 days of receipt and so advise HUD or its behalf of laborers or mechanics are considered wages paid to such designee or will notify HUD or its designee within the 30-day period laborers or mechanics, subject to the provisions of 29 CFR that additional time is necessary. (Approved by the Office of 5.5(a)(1)(iv); also, regular contributions made or costs incurred for Management and Budget under OMB Control Number 12150140.) more than a weekly period (but not less often than quarterly) under (d) The wage rate (including fringe benefits where appropriate) plans, funds, or programs, which cover the particular weekly period, determined pursuant to subparagraphs (1)(ii)(b)or(c)of this para- are deemed to be constructively made or incurred during such graph, shall be paid to all workers performing work in the classifi- weekly period. cation under this contract from the first day on which work is per- Such laborers and mechanics shall be paid the appropriate wage formed in the classification. and fringe benefits on the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract ation of work actually performed, without regard to skill, except for a class of laborers or mechanics includes a fringe benefit which as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- is not expressed as an hourly rate, the contractor shall either pay forming work in more than one classification may be compensated the benefit as stated in the wage determination or shall pay gn- at the rate specified for each classification for the time actually other bona fide fringe benefit or an hourly cash equivalent thereof. worked therein: Provided, That the employer's payroll records (iv) If the contractor does not make payments to a trustee or accurately set forth the time spent in each classification in which other third person, the contractor may consider as part of the work is performed. The wage determination (including any addi- wages of any laborer or mechanic the amount of any costs rea- tional classification and wage rates conformed under 29 CFR sonably anticipated in providing bona fide fringe benefits under a 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted plan or program, Provided, That the Secretary of Labor has found, at all times by the contractor and its subcontractors at the site of upon the written request of the contractor, that the applicable stan- the work in a prominent and accessible, place where it can be dards of the Davis-Bacon Act have been met. The Secretary of easily seen by the workers. Labor may require the contractor to set aside in a separate ac- (ii) (a)Any class of laborers or mechanics which is not listed in the count assets for the meeting of obligations under the plan or pro- wage determination and which is to be employed under the gram. (Approved by the Office of Management and Budget under contract shall be classified in conformance with the wage deter- OMB Control Number 1215-0140.) mination. HUD shall approve an additional classification and wage 2. Withholding. HUD or its designee shall upon its own action or rate and fringe benefits therefor only when the following criteria upon written request of an authorized representative of the be- have been met: partment of Labor withhold or cause to be withheld from the con- (1) The work to be performed by the classification requested is tractor under this contract or any other Federal contract with the not performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract (2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is industry; and held by the same prime contractor so much of the accrued pay- (3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la- efits, bears a reasonable relationship to the wage rates contained borers and mechanics, including apprentices, trainees and help- in the wage determination. ers, employed by the contractor or any subcontractor the full (b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or HUD or its designee agree on the classification and wage rate helper,employed or working on the site of the work, all or part ,,luding the amount designated for fringe benefits where +4f Previous edition is obsolete Page 1 of 4 HUD-4010(07/2003) ref.Handbook 1344.1 Page 4 of 42 of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate, after written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly,and that no deductions have been made '-ke such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned,other than 7 further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3; .Jations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli- employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract. make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set contracts. forth on the reverse side of Optional Form WH-347 shall satisfy 3. (i) Payrolls and basic records. Payrolls and basic records the requirement for submission of the "Statement of Compliance" relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b). course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the number of each such worker, his or her correct classification, United States Code. hourly rates of wages paid (including rates of contributions or (iii) The contractor or subcontractor shall make the records re- costs anticipated for bona fide fringe benefits or cash equivalents uired under subparagraph A.3. i available for inspection, co thereof of the types described in Section I(b)(2)(B) of the Davis- q () p copy - thereof Act), daily and weekly number of hours worked, deductions ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such rep- made and actual wages paid. Whenever the Secretary of Labor resentatives to interview employees during working hours on the has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably lob. If the contractor or subcontractor fails to submit the required benefits under a plan or program records or to make them available, HUD or its designee may, after anticipated in providing be Davis Act, the written notice to the contractor, sponsor, applicant or owner, take described in Section I(b)(2)nef i of the Bacon such action as may be necessary to cause the suspension of any contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan further payment, advance, or guarantee of funds. Furthermore, or program is financially responsible, and that the plan or program failure to submit the required records upon request or to make h such records available may be grounds for debarment action pur as been communicated in writing to the laborers or mechanics suant to 29 CFR 5.12. affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing 4.Apprentices and Trainees. apprentices or trainees under approved programs shall maintain (i)Apprentices. Apprentices will be permitted to work at less than -'tten evidence of the registration of apprenticeship programs and the predetermined rate for the work they performed when they are tification of trainee programs, the registration of the apprentices employed pursuant to and individually registered in a bona fide dnd trainees, and the ratios and wage rates prescribed in the apprenticeship program registered with the U.S. Department of applicable programs. (Approved by the Office of Management and Labor, Employment and Training Administration, Office of Budget under OMB Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a (ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary designee if the agency is a parry to the contract, but if the agency is employment as an apprentice in such an apprenticeship program, not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has applicant sponsor, or owner, as the case may be, for transmission been certified by the Office of Apprenticeship Training, Employer to HUD or its designee. The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap- ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage all subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu- Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on the (b) Each payroll submitted shall be accompanied by a "Statement job site in excess of the ratio permitted under the registered of Compliance," signed by the contractor or subcontractor or his or program shall be paid not less than the applicable wage rate on her agent who pays or supervises the payment of the persons the wage determination for the work actually performed. Where a employed under the contract and shall certify the following: contractor is performing construction on a project in a locality other (1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program such information is correct and complete; shall be observed. Every apprentice must be paid at not less than (2) That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's prentice,and trainee)employed on the contract during the payroll level of progress,expressed as a percentage of the 0 Previous edition is obsolete Page 2 of 4 form HUD-4010(07/2003) ref.Handbook 1344.1 Page 5 of 42 Journeymen hourly rate specified in the applicable wage determi- tract and for debarment as a contractor and a subcontractor as nation. Apprentices shall be paid fringe benefits in accordance provided in 29 CFR 5.12. Nth the provisions of the apprenticeship program. If the appren- 8. Compliance with Davis-Bacon and Related Act Requirements. ticeship program does not specify fringe benefits, apprentices must All rulings and interpretations of the Davis-Bacon and Related Acts , paid the full amount of fringe benefits listed on the wage deter- contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by ,nation for the applicable classification. If the Administrator de- reference in this contract termines that a different practice prevails for the applicable ap- g. Disputes concerning labor standards. Disputes arising out of prentice classification,fringes shall be paid in accordance with that the labor standards provisions of this contract shall not be subject determination. In the event the Office of Apprenticeship Training, to the general disputes clause of this contract. Such disputes shall Employer and Labor Services, or a State Apprenticeship Agency be resolved in accordance with the procedures of the Department recognized by the Office, withdraws approval of an apprenticeship of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the program, the contractor will no longer be permitted to utilize meaning of this clause include disputes between the contractor(or apprentices at less than the applicable predetermined rate for the any of its subcontractors) and HUD or its designee, the U.S. work performed until an acceptable program is approved. Department of Labor,or the employees or their representatives. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not 10. (i)Certification of Eligibility. By entering into this contract the be permitted to work at less than the predetermined rate for the contractor certifies that neither it(nor he or she) nor any person or work performed unless they are employed pursuant to and firm who has an interest in the contractor's firm is a person or firm individually registered in a program which has received prior ap- ineligible to be awarded Government contracts by virtue of Section proval, evidenced by formal certification by the U.S. Department of 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded Labor, Employment and Training Administration. The ratio of HUD contracts or participate in HUD programs pursuant to 24 CFR trainees to journeymen on the job site shall not be greater than Part 24. permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the (ii) No part of this contract shall be subcontracted to any person r or firm ineligible for award of a Government contract by virtue of ate specified in the approved program for the trainee's level of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be progress, expressed as a percentage of the journeyman hourly awarded HUD contracts or participate in HUD programs pursuant rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the to 24 CFR Part 24. trainee program. If the trainee program does not mention fringe (iii) The penalty for making false statements is prescribed in the benefits, trainees shall be paid the full amount of fringe benefits U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal listed on the wage determination unless the Administrator of the Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis- Wage and Hour Division determines that there is an apprentice- tration transactions", provides in part: "Whoever,for the purpose of ship program associated with the corresponding journeyman wage • . . influencing in any way the action of such Administration rate on the wage determination which provides for less than full makes, utters or publishes any statement knowi •,g the same to be fringe benefits for apprentices. Any employee listed on the payroll false._shall be fined not more than$5,000 or imprisoned not more a trainee rate who is not registered and participating in a than two years,or both." aining plan approved by the Employment and Training Adminis- 11. Complaints, Proceedings, or Testimony by Employees. No tration shall be paid not less than the applicable wage rate on the laborer or mechanic to whom the wage, salary, or other labor wage determination for the work actually performed. In addition, standards provisions of this Contract are applicable shall be dis- any trainee performing work on the job site in excess of the ratio charged or in any other manner discriminated against by the Con- permitted under the registered program shall be paid not less than tractor or any subcontractor because such employee has filed any the applicable wage rate on the wage determination for the work complaint or instituted or caused to be instituted any proceeding or actually performed. In the event the Employment and Training has testified or is about to testify in any proceeding under or Administration withdraws approval of a training program, the con- relating to the labor standards applicable under this Contract to his tractor will no longer be permitted to utilize trainees at less than employer. the applicable predetermined rate for the work performed until an acceptable program is approved. B. Contract Work Hours and Safety Standards Act. The provi- (ui) Equal employment o pp ortunit y' The utilization of a pp ren- sions of this paragraph B are applicable only where the amount of tices, trainees and journeymen under 29 CFR Part 5 shall be in the prime contract exceeds$100,000.As used in this paragraph,the conformity with the equal employment opportunity requirements of terms"laborers"and"mechanics"include watchmen and guards. Executive Order 11246,as amended,and 29 CFR Part 30. (1) Overtime requirements. No contractor or subcontractor con- 5. Compliance with Copeland Act requirements. The contrac- tracting for any part of the contract work which may require or involve for shall comply with the requirements of 29 CFR Part 3 which are the employment of laborers or mechanics shall require or permit any inco"rporated by reference in this contract such laborer or mechanic in any workweek in which he or she is 6. Subcontracts. The contractor or subcontractor will insert in employed on such work to work in excess of 40 hours in such work- any subcontracts the clauses contained in subparagraphs 1 week unless such laborer or mechanic receives compensation at a through 11 of this paragraph A and such other clauses as HUD or rate not less than one and one-half times the basic rate of pay for all its designee may by appropriate instructions require, and a copy of hours worked in excess of 40 hours in such workweek. the applicable prevailing wage decision, and also a clause re- (2) Violation; liability for unpaid wages; liquidated damages. quiring the subcontractors to include these clauses in any/owes tier In the event of any violation of the clause set forth in subpara- subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. form HUD-4010(07/2003) rel.MarIODOOK .1 r-revious edition is obsolete 7.Contract termination; debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- 3 of 4 Page 6 of 42 -graph (40 of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shall insert in responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through Pion, such contractor and subcontractor shall be liable to the United (4) of this paragraph and also a clause requiring the sub- States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts. .olumbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any auidated damages. Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth in with respect to each individual laborer or mechanic, including subparagraphs(1)through (4)of this paragraph. watchmen and guards,employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are sp- in subparagraph (1) of this paragraph, in the sum of $10 for each plicable only where the amount of the prime contract exceeds calendar day on which such individual was required or permitted to $100,000. work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous, sub paragraph (1)of this paragraph. or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation. request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the bor withhold or cause to be withheld,from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act,40 USC 3701 et seq. same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this paragraph in which is held by the same prime contractor such sums as may be every subcontract so that such provisions will be binding on determined to be necessary to satisfy any liabilities of such con- each subcontractor. The Contractor shall take such action with tractor or subcontractor for unpaid wages and liquidated damages respect to any subcontract the Secretary Housing and as provided in the clause set forth in subparagraph (2) of this Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. paragraph. Previous edition is obsolete form HUD-4010(07/2003) ref. Handbook 1344. 4 of 4 Page 7 of 42 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS I, as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS: President Vice-President Secretary/ Treasurer Signature,Prime Contractor Title (Owner or President) Date Page 8 of 42 SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? [ ]Yes [ J No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Portion of Bid Amount to be If so, what Minority? performed by Contractor Female owned/controlled? [ ] Yes [ ] No SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------ 2) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] N 1 of 2 Page 9 of 42 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued) 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No ------------------------ ----------------------------------------------------------------------------------------------------------------------------------------------------------- 5) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ) No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 8) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ j Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 9) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No 2 of 2 Page 10 of 42 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Address &Zip Code 1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes ❑ No ❑ 2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http.-Ilwww.eeoc..qovleeolsurveVIindex.html. 1. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes ❑ No ❑ None required ❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Page 11 of 42 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor: Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address &Zip Code: 1.13idder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes ❑ No ❑ 2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http://www.eeoc...qovleeo 1 surveV/index.html. 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes ❑ No ❑ None required ❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date • NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS. Page 12 of 42 Section 3 Report - Contracts over $100,000 Project Name/Number: Prime Contractor Name/Address/Phone Number: Please check the contract type: Construction Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the County of San Bernardino is,directed to award a portion of all construction contracts of$100,000 or more, on projects funded by the Department of Housing and Urban Development (HUD), to Section 3 businesses. A Section 3 business: 1) is at least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons, or 3) subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over $100,000 must show a good faith effort to become a Section 3 business. The prime contractor must complete the following. Numbers should reflect information from the prime contractor and all subcontractors working on the project. Job Category # of new hires #new hires that %of total staff %of staff hours #of low-income for the project are low-income hours worked by worked by low- employees and new hires who are income employees trainees low-income and trainees (including new hires) fessionals Technicians Office/Clerical Construction By Trade (List): 1. Trade 2. Trade 3. Trade 4. Trade 5. Trade 6. Trade 7. Trade Other(List) Please check one of the following: ❑ I am a Section 3 business ❑ i am not a Section 3 business ❑ I am working towards becoming a Section 3 business If you checked the 3`d box above,please check efforts made to become a Section 3 business: ❑ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public or private agencies. ❑ Participated in a HUD program,which promotes the training and employment of low-income residents ❑ Participated in a HUD program which promotes the award of contracts to Section 3 businesses ❑ Coordinated with HUD Youth Build programs ❑ Other efforts made (describe): Page 13 of 42 "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects. This clause applies to construction contracts of$100,000 or more, on projects funded with $200,000 or more in federal funds from the U.S. Department of Housing and Urban Development. Assurance of compliance with regulations. (A) Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Departm(nt issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause): a. 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 as is subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to 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 those 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 135 Page 14 of 42 i Insert Davis-Bacon Wage Determination Page 15 of 42 �I AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS Page 1 of 4 Page 16 of 42 AFFIRMATIVE ACTION COMPLIANCE States, State of California and County of San Bernardino. GUIDELINES FOR CONSTRUCTION AND NON- 2. The implementing entity is committed to insuring that there be no discrimination by vendors, CONSTRUCTION CONTRACTORS contractors (including professional services and consultants), lessors, or lessees doing business These Affirmative Action Compliance Guidelines have been with the implementing entity. designed to provide contractors with information necessary to comply with Federal regulations found under Title 40, Part 3. Contractors and subcontractors agree to take 60 of the Code of Federal Regulations . It is the intent of affirmative personnel actions to hire and promote these guidelines to insure that equal opportunity for workers who traditionally have been discriminated employment is practiced by the contractor without regard to against in the job market, including women, race, color, sex, religion, national origin, disability, and minorities, members of certain ethnic and veteran's status. These guidelines provide the minimum religious groups, individuals with disabilities, and information necessary to comply with EEO and affirmative veterans. action requirements, including the preparation of an Affirmative Action Plan that complies with Federal B. Affirmative Action Step Requirements for regulations regarding Affirmative Action for federally-assisted CONSTRUCTION Contractors and Subcontractors: projects. Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal 1. Personnel affirmative action in recruitment, hiring, Contract Compliance Programs (OFCCP) officer for any and promotion is required by contractor and necessary technical assistance in meeting Affirmative Action subcontractors who have entered into a federally- requirements if they are considering bidding under this assisted construction or non-construction contract contract. that exceed $10,000 or $10,000 in the aggregate over a 12-month period. I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM 2. Contractors and subcontractors who enter into a A. The Affirmative Action program embodies the CONSTRUCTION CONTRACT in excess of following principals: $10,000 must take 16 specific affirmative action steps to ensure equal employment opportunity. 1. Discrimination because of race, color, age, sex, These steps are included in 41 CFR 60-4.3(a) (7) religion, national origin, marital status, disability, and are also included under "Standard Federal or veteran's status is inconsistent with the Equal Employment Opportunity Construction constitution, laws, and policies of the United Contract Specifications" of Attachment "D" of the bid package. C. Affirmative Action Plan requirements for 6. Specific contracts and facilities found NONCONSTRUCTION Contractors: exempt by 7. Deputy Assistant Secretary 1. All contractors who have entered into a NONCONSTRUCTION CONTRACT and who: 1) 8• National security contracts do business in the amount of $50,000 or more Any contractor who feels qualified for an exemption with the implementing entity in any one fiscal should contact the local Contract Compliance Officer year and,2)employ fifty(50)or more employees, or the U.S. Department of Labor's OFCCP Officer for must develop a written Affirmative Action further information. Program within 120 days after the contract award date. ll. SATISFYING AFFIRMATIVE ACTION PLAN 2. All subcontractors rendering services or supplies A. Affirmative Action Plan requirements for to a contractor in the amount of $50,000.00 or NONCONSTRUCTION contractors can be met more and employ fifty (50) or more employees, through the following: must develop a written Affirmative Action Program within 120 days after the contract award 1. Completing a Contract Compliance Qualifying date. Report for Non-construction Contractors and Vendors, (refer to the form found in the D. Exemptions under 41 CFR 60: "Additional Required Documents/ Sample The following persons/contracts shall be exempt from Documents" section of Attachment "D" of the bid this program: package). 1. A contract or contracts by a contractor that 2. Completing a contractor's Affirmative Action do not exceed $10,000 in the aggregate over a Policy, including methods of recruiting minorities 12-month period. and women. If the contractor does not have its own Affirmative Action Policy, it may adopt the 2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to States the form found in the "Additional Required Documents/ Sample Documents" section of 3. State and Local Governments Attachment"D"of the bid package). 4. Contracts with certain educational 3. Following Federal Affirmative Action Plan institutions guidelines which comply with the requirements of 5. Work on or near Indian Reservations 41 CFR 60.2.10 Page 2 of 4 Page 17 of 42 I K. "Employer Identification Number" means the Federal Social Security Number; DEFINITIONS L. "Handicapped Status"means any person who: Unless a provision of a contract otherwise requires, 1. Has a physical or mental impairment, which certain words and phrases shall be defined as follows: substantially limits one or more of such person's major life activities. A. "Affirmative Action" is a commitment to increase the number of minorities and women in the work force by 2. Has a record or such impairment or, setting employment goals and timetables, including action to achieve objectives. Affirmative Action 3. Is generally regarded as having such an seeks to ensure that discrimination is impairment. eliminated in dealings with employees or applicants for employment whether the discrimination is M. "Implementing Entity" means public jurisdiction who is intentional or unintentional. In addition, Affirmative administering the contract. Action seeks to improve job standards and productivity through the removal of artificial and N. "Minority"includes: unnecessary barriers to employment and promotion and ensure that all job actions are related to job 1. Black (all persons having origins in any Black performance measures. African racial groups not of Hispanic origin); B. "Affirmative Action Plan" is a written affirmative plan 2. Hispanic (all persons of Mexican, Puerto Rican, required of contractors and subcontractors who have Cuban, Central or South American or other 50 or more employees and have entered into a Spanish Culture or origin, regardless of race); contract with the implementing entity that exceeds $50,000, or $50,000 in contracts over a 12-month period. 3. Asian or Pacific Islander (all persons having origins in any of the original peoples of the Far C. "Contract" means a federally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or offer and acceptance, lease, agreement or other the Pacific Islands); arrangement creating an obligation to which the implementing entity is a party, which would make one 4. American India or Alaskan native (all persons of the parties within the definition a contractor. having origins in any of the native peoples of North America and maintaining identifiable tribal D. "Construction" means the construction, rehabilitation, affiliations through membership and participation alteration, conversion, extension, demolition or repair in community identification). of buildings, highways or other changes or improvements to real property, including facilities O. "Non-construction Contract" means any contract that providing utility services. does not fall within the definition of "Construction Contract". E. "Contractor" means a prime contractor or subcontractor. P. "Officer" means the Contract Compliance Officer of the implementing entity or U.S. Department of Labor F. "Covered Area" means the geographical area Office of Federal Contract Compliance Program described in the solicitation from which the contract (OFCCP)Officer. resulted; Q. "Persons' means any individual, firm, co-partnership, G. "Director" means Director, OFCCP, U.S> Dept. of public service, joint venture, association, social club, Labor, or any person to whom the Director delegates fraternal organization, corporation, estate, trust authority to; receiver, syndicate CITY, county, municipal corporation, district or other political subdivision, or H. "Employee" means one who performs work for any other group or combination acting as a unit. compensation, or a person who is permanently or regularly employed by the contractor or R. "Underutilization" means having fewer minorities or subcontractor. women in a particular job classification than would reasonably be expected by their availability. I. "Employer Identification Number" means the Federal Social Security Number; S. "Vietnam-Era Veteran"means a person who: J. "Handicapped Status"means any person who: 1. Served on actual duty for a period of more than 1. Has a physical or mental impairment, which 180 days, any part of which occurred between substantially limits one or more of such person's August 5, 1964, and May 7, 1975, and was major life activities. discharged or released therefrom with other than a dishonorable discharge;or 2. Has a record or such impairment or, 2. Was discharged or released from active duty for a 3. Is generally regarded as having such an service - connected disability if any part of such impairment. active duty was performed between August 5, 1964,and May 7, 1975. Page 3 of 4 Page 18 of 42 I T. Violation and Appeal Procedure. 1. Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant 1. A contractor found in violation of equal thereto) identified herein. Such compliance is required opportunity/ affirmative action laws will shall be to the extent such laws, programs and their regulations referred to the U.S. Department of Labor's are, by their own terms, applicable to this contract. OFCCP Division, and the Solicitor for Labor, Contractor warrants that he will make himself thoroughly Associate Solicitor of Labor Relations and Civil familiar with the applicable provisions of said laws, Rights Regional Solicitors and Regional Attorney programs, and regulations prior to commencing are authorized to institute enforcement performance of the contract. Copies of said laws, proceedings by filing a compliant and serving that programs, and regulations are available upon request compliant to the contractor (defendant), in from the implementing entity's Contract Compliance accordance with procedures set forth in 41 CFR Officer, or from the U.S. Department of Labor's OFCCP 60-30.5. The complaint shall contain information Officer to the extent applicable the provisions of said on the alleged violation, a prayer regarding the laws programs and regulations are deemed to be a part relief being sought, and the name and address of of this contract as if fully set forth herein. the attorney representing the Government. Within 20 days after receiving the complaint, the 2. Vietnam Era Veterans' Readjustment Assistance Acts of defendant shall file an answer with the Chief 1972 and 1974, as amended. Pub. L. 92-540, Title V, Administrative Law Judge, if the case has not Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38 been assigned to an Administrative Law judge. USCA 2011-2013). 2. The answer shall contain a statement of the facts, 3. Rehabilitation act of 1973, as amended (Handicapped) which constitute the ground of defense, and shall: Pub. 193-112 as amended. (29 USCA 701-794). 1) specifically admit, explain, or deny, each of the allegations of the complaint unless the defendant 4. California Fair Employment Practice Act. Labor Code is without knowledge, or 2) state that the Sec. 1410 et seq. defendant admits all the allegations contained in the complaint. The answer may contain a waiver 5. Civil Rights Act of 1964, as amended (42 USCA 2000a for a hearing and if not, a separate paragraph in to 20001-1-6) and Executive Order No. 11246, September the answer shall request a hearing. The answer 24, 1965, as amended. shall contain the name and address of the defendant, or of the attorney representing the defendant. Failure to file an answer or plead specifically to an allegation of the complaint shall constitute an admission of such allegation. Page 4 of 4 Page 19 of 42 EQUAL OPPORTUNITY CLAUSES (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract The contractor and subcontractors not found exempt under may be canceled, terminated or suspended in whole 41 CFR 60-1.5, are required to comply with the following or in part, and the Contractor may be declared equal opportunity clauses as a condition of being awarded a ineligible for further Government contracts in federally-assisted contract. Each nonexempt prime accordance with procedures authorized in Executive contractor shall include equal employment opportunity Order 11246 of September 24, 1965, and such other clauses in each of its nonexempt subcontractors. sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY- 1965, or by rule, regulation or order of the Secretary ASSISTED CONSTRUCTION CONTRACTS of Labor,or as otherwise provided by law. This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include the provisions of September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) in every subcontract or Rights Act of 1964, and is applicable pursuant to 41 C.F.R. purchase order unless exempted by rules, regulations Sec. 60-1.4. The following requirements apply to contractors or orders of the Secretary of Labor issued pursuant to and subcontractors Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon (1) The Contractor will not discriminate against any each subcontractor or vendor. The Contractor will employee or applicant for employment because of take such action with respect to any subcontract or race, color, religion, sex, or national origin. The purchase order as the contracting agency may direct Contractor will take affirmative action to ensure that as a means of enforcing such provisions, including applicants are employed, and that employees are sanctions for noncompliance: Provided, however, treated during employment without regard to their that in the event the Contractor becomes involved in, race, color, religion, sex, national origin. Such action or is threatened with, litigation with a subcontractor or shall include, but not be limited to the following: vendor as a result of such direction by the contracting Employment, upgrading, demotion, or transfer; agency, the Contractor may request the United States recruitment or recruitment advertising; layoff or to enter into such litigation to protect the interests of termination; rates of pay or other forms of the United states. compensation; and selection for training, including apprenticeship. The Contractor agrees to post in The applicant further agrees that it will be bound by conspicuous places, available to employees and the above equal opportunity clause with respect to its applicants for employment, notices to be provided by own employment practices when it participates in the contracting officer setting forth the provisions of federally assisted construction work; provided, that if this nondiscrimination clause. the applicant so participating is a State or local government, the above equal opportunity clause is (2) The Contractor will, in all solicitations or not applicable to any agency, instrumentality or advertisements for employees placed by or on behalf subdivision of such government which does not of the Contractor, state that all qualified applicants will participate in work on or under the contract. receive consideration for employment without regard to race, color, religion, sex,or national origin. The applicant agrees that it will assist and cooperate actively with the administering agency and the (3) The Contractor will send to each labor union or Secretary of Labor in obtaining the compliance of representative of workers with which he has a contractors and subcontractors with the equal collective bargaining agreement or other contract or opportunity clause and the rules, regulations, and understanding, a notice to be provided by the agency relevant orders of the Secretary of Labor, that it will contracting officer, advising the labor union or furnish the administering agency and the Secretary of workers' representative of the Contractor's Labor in obtaining the compliance of contractors and commitments under Section 202 of Executive Order subcontractors with the equal opportunity clause 11246 of September 24, 1965, and shall post copies and the rules, regulations, and relevant orders of of the notice in conspicuous places available to the Secretary of Labor, that it will furnish the employees and applicants for employment. administering agency and the Secretary of Labor such information as they may require for the supervision of (4) The contractor will comply with all provisions of such compliance, and that it will otherwise assist the Executive Order 11246 of September 24, 1965. and administering agency in the discharge of the agency's of the rules, regulations, and relevant orders of the primary responsibility for securing compliance. 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, pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders Page 1 of 8 Page 20 of 42 The applicant further agrees that it will refrain from listed at an appropriate local office of the State entering into any contract or contract modification employment service system wherein the opening subject to Executive Order 1124 of September 24, occurs. The Contractor further agrees to provide 1965, with a contractor debarred from, or who has such reports to such local office regarding not demonstrated eligibility for Government employment openings and hires as may be contracts and federally assisted construction required. contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation (3) Listings of employment openings with the of the equal opportunity clause as may be imposed employment service system pursuant to this clause upon contractors and subcontractors by the shall be made at least concurrently with the use of administering agency or the Secretary of Labor any other recruitment source or effort and shall pursuant to Part 11, Subpart D of the Executive involve the normal obligations which attach to the Order. In addition, the applicant agrees that if it placing of a bona fide job order, including the fails or refuses to comply with these undertakings, acceptance of referrals of veterans and non- the administering agency may take any or all of the veterans. The listing of employment openings does following actions: Cancel, terminate, or suspend in not require the hiring of any particular job applicant whole or in part this grant(contract, loan, insurance, or from any particular group of job applicants, and guarantee), refrain from extending any further nothing herein is intended to relieve the Contractor assistance to the applicant under the program with from any requirements in Executive Orders or respect to which the failure or refund occurred until regulations regarding nondiscrimination in satisfactory assurances of future compliance has employment. been received from such applicant, and refer the case to the Department of Justice for appropriate (4) The reports required by paragraph (2) of this clause legal proceedings. shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the In addition to the above, Contractor will agree to appropriate local office or,where the Contractor has furnish all information and reports, including more than one hiring location in a State, with the Standard form EEO-1, if applicable, to the U.S. central office of that State employment service. Equal Employment Opportunity Commission Such reports shall indicate for each hiring location, (EEOC) and the U.S. Department of Labor's (a) the number of individuals hired during the OFCCP, as required by Executive Order No. 11246 reporting period, (b) the number of non-disabled of September 24, 1965. veterans of the Vietnam Era hired, (c) the number of disabled veterans of the Vietnam Era hired, and EQUAL OPPORTUNITY CLAUSE FOR (d) the total number of disable veterans hired. The reports shall include covered veterans hired for on- SPECIAL DISABLED VETERANS the-job training under 38 USC Sec. 1787. The AND VETERANS OF THE VIETNAM ERA Contractor shall submit a report within thirty (30) days after the end of each reporting period wherein This clause is inserted pursuant to Executive Order 11701 of any performance is made on this contract January 24, 1973 and the Vietnam Era Veterans identifying data for each hiring location. The Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- Contractor shall maintain at each hiring location, 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- copies of the reports submitted until the expiration 250. of one year after final payment under the contract, during which time these reports and related (1) The Contractor will not discriminate against any documentation shall be made available, upon employee or applicant for employment because he request, for examination by any authorized or she is a disabled veteran or veteran of the representatives of the contracting officer or of the Vietnam Era in regard to any position for which the Secretary of Labor. Documentation would include employee or applicant for employment is qualified. personnel records respecting job openings, The Contractor agrees to take affirmative action to recruitment and placement. employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the (5) Whenever the Contractor becomes contractually Vietnam Era without discrimination based upon bound to the listing provisions of this clause, it shall their disability or veterans status in all employment advise the employment service system in each practices such as the following: employment, State where it has establishments of the name and upgrading, demotion or transfer, recruitment, location of each hiring location in the State. As long advertising, layoff or termination, rates of pay or as the Contractor is contractually bound to these other forms of compensation, and selection for provisions and has so advised the State system, training, including apprenticeship. there is no need to advise the State system of subsequent contracts. The Contractor may advise (2) The Contractor agrees that all suitable employment the State system when it is no longer bound by this openings of the Contractor which exist at the time of contract clause. the execution of this contract and those which occur during the performance of this contract, including (6) This clause does not apply to the listing of those not generated by this contract and including employment openings, which occur and are filled outside of the 50 States, the District of Columbia, those occurring at an establishment of the Contractor other than the one wherein the contract Puerto Rico, Guam and the Virgin Islands. is being performed but excluding those of independently operated corporate affiliates,shall be Page 2 of 8 Page 21 of 42 (7) The provisions of paragraphs (2), (3), (4) and (5) of (9) The Contractor agrees to comply with the rules, this clause do not apply to openings which the regulations and relevant orders of the Secretary of Contractor proposes to fill from within his .own Labor issued pursuant to the Act. organization or to fill pursuant to a customary and traditional employer - union hiring arrangement. (10) In the event of the Contractor's noncompliance with This exclusion does not apply to a particular the requirements of this clause, actions for opening once an employer decides to consider noncompliance may be taken in accordance with applicants outside of his own organization or the rules, regulations and relevant orders of the employer-union arrangement for that opening. Secretary of Labor issued pursuant to the Act. (8) As used in this clause: (11) The Contractor agrees to post in conspicuous places, available to employees and applicants for a. "All suitable employment openings" includes, but is employment, notices in a form to be prescribed by not limited to, openings which occur in the following the Director, provided by or through the contracting job categories: production and non-production; officer. Such notices shall state the Contractor's plant and office; laborers and mechanics; obligation under the law to take affirmative action to supervisory and non-supervisory; technical; and employ and advance in employment qualified executive, administrative and professional openings disabled veterans and veterans of the Vietnam Era as are compensated on a salary basis of less than for employment, and the rights of applicants and $25,000 per year. The term includes full-time employees. employment, temporary employment of more than three (3) days duration, and part-time employment. (12) The Contractor will notify each labor union or It does not include openings which the Contractor representative of workers with which it has a proposes to fill from within his own organization or collective bargaining agreement or other contract to fill pursuant to a customary and traditional understanding, that the Contractor is bound by the employer - union hiring arrangement nor openings terms of the Vietnam Era Veterans' Readjustment in an educational institution which are restricted to Assistance Act, and is committed to take affirmative students of that institution. Under most compelling action to employ and advance in employment circumstances an employment opening may not be qualified disabled veterans and veterans of the suitable for listing, including such situations where Vietnam Era. the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary (13) The Contractor will include the provisions of this to national security, or where the requirement of clause in every subcontract or purchase order of listing would otherwise not be for the best interest of $1 J,000 or more unless exempted by rules, the Government. regulations or orders of the Secretary issued b."Appropriate office of the State employment service pursuant to the Act, so that such provisions will be system" means the local office of the Federal - binding upon each subcontractor or vendor. The State national system of public employment offices Contractor will take such action with respect to any with assigned responsibility for serving the area subcontract or purchase order as the Director of the where the employment opening is to be filled, Office of Federal Contract Compliance Programs including the District of Colombia, Guam, Puerto may direct to enforce such provisions, including Rico and the Virgin Islands. action for noncompliance. c. "Openings which the Contractor proposes to fill (14) Collective bargaining agreement or other contract from within his own organization" means understanding, that the Contractor is bound by the employment openings for which no consideration terms of the Vietnam Era Veterans' Readjustment will be given to persons outside the Contractor's Assistance Act, and is committed to take affirmative organization (including any affiliates, subsidiaries action to employ and advance in employment and the parent companies) and includes any qualified disabled veterans and veterans of the openings which the Contractor proposes to fill from Vietnam Era. regularly established"recall"lists. (15) The Contractor will include the provisions of this d. "Openings which the Contractor proposes to fill clause in every subcontract or purchase order of pursuant to a customary and traditional employer - $10,000 or more unless exempted by rules, union hiring arrangement" means employment regulations or orders of the Secretary issued openings which the Contractor proposes to fill fro to the Act, so that such provisions will be union halls, which is part of the customary and binding upon each subcontractor or vendor. The traditional hiring relationship which exists between Contractor will take such action with respect to any the Contractor and representatives of his subcontract or purchase order as the Director of the employees. Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance Page 3 of 8 Page 22 of 42 EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous WORKERS WITH DISABILITIES places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting This clause is inserted pursuant to the Rehabilitation Act of officer. 1973(P.L. 93-112)and 41 CFR Sec. 60-741-4. (5) Such notices shall state the Contractor's obligation (1) The Contractor will not discriminate against any under the law to take affirmative action to employ employee or applicant for employment because of and advance in employment qualified handicapped physical or mental handicap in regard to any employees and applicants for employment, and the position for which the employee or applicant for rights of applicants and employees. employment is qualified. The Contractor agrees to take affirmative action to employ, advance in (6) The Contractor will notify each labor union or employment and otherwise treat qualified representative of workers with which it has a handicapped individuals without discrimination collective bargaining agreement or other contract based upon their physical or mental handicap in all understanding, that the Contractor is bound by the employment practices such as the following: terms of Section 503 of the Rehabilitation Act of employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to recruitment, advertising, layoff or termination, rates employ and advance in employment physically and of pay or other forms of compensation, and mentally handicapped individuals. selection for training, including apprenticeship. (7) The Contractor will include the provisions of this (2) The Contractor agrees to comply with the rules, clause in every subcontract or purchase order of regulations and relevant orders of the Secretary of $2,500.00 or more unless exempted by rules, Labor issued pursuant to the Act. regulations or orders of the Secretary issued pursuant to Section 503 of the Act, so that such (3) In the event of the Contractor's non-compliance provisions will be binding upon each Subcontractor with the requirements of this clause, actions for or vendor. The Contractor will take such action with noncompliance may be taken in accordance with respect to any subcontract or purchase order as the the rules, regulations and relevant orders of the Director of the Office of Federal Contract Secretary of Labor issued pursuant to the Act. Compliance Programs may direct to enforce such provisions, including action for noncompliance. Iw' 4 of 8 Page 23 of 42 STANDARD FEDERAL EQUAL 2. Whenever the Contractor, or any Subcontractor EMPLOYMENT OPPORTUNITY at any tier, subcontracts a portion of the work involving any construction trade, it shall CONSTRUCTION CONTRACT PROVISIONS physically include in each subcontract in excess (EXECUTIVE ORDER 11246, PURSUANT TO of$10,000 the provisions of these specifications 41 CFR 60-4.3 (a) and the Notice which contains the applicable goals for minority and female participation 1. As used in these specifications: and which is set forth in the solicitations from which this contract resulted. a. "Covered area" means the 3. If the Contractor is participating (pursuant to 41 geographical area described in the CFR 60-4.5) in a Hometown Plan approved by solicitation from which this contract the U.S. Department of Labor in the covered resulted; area either individually or through an b. "Director' means Director, Office of association, its affirmative action obligations on Federal Contract Compliance all work in the Plan area (including goals and Programs, United States Department timetables) shall be in accordance with the plan of Labor, or any person to whom the for those trades which have unions participating Director delegates authority; in the Plan. Contractors must be able to demonstrate their participation in and C. "Employer identification number' compliance with the provisions of any such Hometown Plan. Each Contractor or means the Federal Social Security Subcontractor participating in an approved Plan number used on the Employer's is individually required to comply with its Quarter Federal Tax Return. U.S. obligations under the EEO clause, and to make Treasury Department form 941. a good faith effort to achieve each goal under d. "Minority" includes: the Plan in each trade in which it has employees. The overall good faith performance (i) Black (all persons having by other Contractors or Subcontractors toward a origins in any of the Black goal in an approved Plan does not excuse any African racial groups not of covered Contractor's or Subcontractor's failure to take good faith efforts to achieve Plan goals Hispanic origin): and timetables. (ii) Hispanic (all persons of 4. The Contractor shall implement the specific Mexican, Puerto Rican, affirmative action standards provided in Cuban, Central or South paragraphs 7a through p of these specifications. American or other Spanish The goals set forth in the solicitation from which Culture or origin, regardless of the contract resulted are expressed as race); percentages of the total hours of employment and training of minority and female utilization (iii) Asian and Pacific Islander (all the Contractor should reasonable the able to persons having origins in any achieve in each construction trade in which it of the original peoples of the has employees in the covered area. Covered Far East, Southeast Asia, the Construction contractors performing Indian Subcontinent, or the construction work in geographical areas where Pacific Islands);and they do not have a Federal or federally assisted (iv) American Indian or Alaskan construction contract shall apply the Native (all persons minority and female goals established for the having origins in any of the geographical area where the work is being original peoples of North performed. Goals are published periodically in America and maintaining the FEDERAL REGISTER in notice form, and identifiable tribal affiliations such notices may be obtained from any Office of through membership and Federal contract Compliance Programs Office or participation or community from Federal procurement contracting officers. identification). The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5 of 8 Page 24 of 42 5. Neither the provisions of any collective to each such individual. If such bargaining agreement, nor the failure by a union individual was sent to the union hiring with whom the Contractor has a collective hall for referral and was not referred bargaining agreement, to refer either minorities back to the Contractor by the union or, or women shall excuse the Contractor's if referred, not employed by the obligations under these specifications, Contractor, this shall be documented in Executive Order 11246, or the regulations the file with the reason therefore, along promulgated pursuant thereto. with whatever additional actions the Contractor may have taken. 6. In order for the nonworking training hours of apprentices and trainees to be counted in d. Provide immediate written notification meeting the goals, such apprentices and to the Director when the union or trainees must be employed by the Contractor unions bargaining agreement has not during the training period and the Contractor referred to the Contractor a minority must have made commitment to employ the person or woman sent by the apprentices and trainees at the completion of Contractor, or when the Contractor has their training, subject to the availability of other information that the union referral employment opportunities. Trainees must be process has impeded the Contractor's trained pursuant to training programs approved efforts to meet its obligations. by the U.S. Department of Labor. e. Develop on-the-job training 7. The Contractor shall take specific affirmative opportunities and/or participate in actions to ensure equal employment training programs for the area, which opportunity. The evaluation of the Contractor's expressly include minorities and compliance with these specifications shall be women, including upgrading programs based upon its effort to achieve maximum and apprenticeship and trainee results from its actions. The Contractor shall programs relevant to the Contractor's document these efforts fully, and shall employment needs, especially those implement affirmative action steps at least as programs funded or approved by the extensive as the follow sixteen (16)steps: Department of Labor. The Contractor shall provide notice of these programs a. Ensure and maintain a working to the sources compiled under 7b environment free of harassment, above. intimidation, and coercion at all sites, and in all facilities at which the f. Disseminate the Contractor's EEO Contractor's employees are assigned policy by providing notice of the policy to work. The Contractor shall to unions and training programs and specifically ensure that all foremen, requesting their cooperation in superintendents, and other on-site assisting the Contractor in meeting its supervisory personnel are aware of EEO obligations by including it in any and carry out the Contractor's policy manual and collective bargaining obligation to maintain such a working agreement; by publizing it in the environment, with specific attention to company newspaper, annual report, minority or female individuals working etc.; by specific review of the policy at such sites or in such facilities. with all management personnel and with all minority and female employees b. Establish and maintain a current list of at least once a year;and by posting the minority and female recruitment company EEO policy on bulletin boards sources, provide written notification to accessible to all employees t each minority and female recruitment location where constructi8n work is sources and to community performed. organizations when the Contractor or its unions have employment 9- Review, at least annually, the opportunities available, and maintain a company's EEO policy and affirmative record of the organizations' responses. action obligations under these specifications with all employees C. Maintain a current file of the names, having any responsibility for hiring, addresses and telephone numbers of assignment, layoff, termination or other each minority and female off-the-street employment decisions including applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect 6of8 Page 25 of 42 i h. specific review of these items with Contractor's obligations under these onsite supervisory personnel such as specifications are being carried out. Superintendents, General Foremen, etc., prior to the initiation of o. Ensure that all facilities and company construction work at any job site. A activities are nonsegregated except written record shall be made and that separate or single-user toilet and maintained identifying the item and necessary changing facilities shall be place of these meetings, persons provided to assure privacy behveen the attending, subject matter discussed, sexes. and disposition of the subject manner. P. Document and maintain a record of all i. Disseminate the Contractor's EEO solicitations of offers for subcontracts policy externally by including it in any from minority and female construction advertising in the news media, contractors and suppliers, including specifically including minority and circulation of solicitations to minority female news media, and providing and female contractor associations and written notification to and discussing other business associations. the contractor's EEO policy with other Contractors and Subcontractors with q• Conduct a review, at least annually, of whom the contractor does or all supervisors; adherence to and anticipates doing business. performance under the Contractor's EEO policies and affirmative action j. Direct its recruitment efforts, both oral obligations. and written, to minority, female and community organizations, to schools 8. Contractors are encouraged to participate in with minority and female students and voluntary associations, which assist in fulfilling to minority and female recruitment and one or more of their affirmative action training organizations serving the obligations (7a — P). The efforts of a contractor Contractor's recruitment source, the association, joint contractor-union, contractor- Contractor shall send written community or other similar group of which the notification to organizations such as contractor is a member and participant may be the above, describing the openings, asserted as fulfilling any one or more of its screening procedures, and tests to be obligations provided that the contractor actively used in the selection process. participates in the group, makes every effort to assure that the group has a positive impact on k. Encourage present minority and female the employment of minorities and women in the employees to recruit other minority industry, ensures that the concrete benefits of persons and women and, where the program are reflected in the Contractor's reasonable, provide after school, minority and female workforce participation summer and vacation employment to makes a good faith effort to meet its individual minority and female youth both on the goals and timetables, and can provide access to site and in other areas of a documentation which demonstrates the Contractor's work force. effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, I. Validate all tests and other selection is the contractor's and failure of such a group to requirements where there is an fulfill an obligation shall not be a defense for the obligation to do so under 41 CFR Part Contractor's noncompliance. 60-3. 9. A single goal for minorities and a separate M. Conduct, at least annually, an single goal for women have been established. inventory and evaluation at least of all The Contractor, however, is required to provide minor8ty and female personnel for equal employment opportunity and to take promotional opportunities and affirmative action for all minority groups, both encourage these employees to seek or male and female, and all women, both minority to prepare for, through appropriate and non-minority. Consequently, the Contractor training, etc.,such opportunities. may be in violation of the executive Order if a particular group is employed in a substantially n. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the 7 of 8 Page 26 of 42 disparate manner(for example,even though a,e shall at lease include for each employee the Contractor has achieved its goals for women name, address, telephone numbers, generally, the Contractor may be in violation of construction trade, union affiliation if any, the Executive Order if a specific minority group employee identification number when assigned, of women is underutilized). social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper,or laborer) 10. The Contractor shall not use the goals and dates of changes in status, hours worked per timetables or affirmative action standards to week in the indicated trade, rate of pay, and discriminate against any person because of locations at which the work was performed. race,color, religion,sex,or national origin. Records shall be maintained in an easily understandable and retrievable form; however, 11. The Contractor shall not enter into any to the degree that existing records satisfy this Subcontract with any person or firm debarred requirement, contractors shall not be required to from Government contracts pursuant to maintain separate records. Executive Order 11246. 15. Nothing herein provided shall be construed as a 12. The Contractor shall carry out such limitation upon the application of other laws sanctions and penalties for violation of these which establish different standards of specifications and of the Equal Opportunity compliance or upon the application of Clause, including suspension, termination and requirements for the hiring of local or other area cancellation of existing subcontracts as may be residents (e.g. those under the Public Works imposed or ordered pursuant to Executive Order Employment Act of 1977 and the Community 11246, as amended, and its implementing Development Block Grant Program). regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails a) The notice set forth in 41 CFR 60-4.2 and to carry out such sanctions and penalties shall the specifications set forth in 41 CFR 60-4.3 be in violation of these specifications and replace the New Form for Federal Equal Executive Order 11246, as amended. Employment Opportunity Bid conditions for Federal and federally Assisted Construction 13. The Contractor, in fulfilling its obligations under published at 41 CFR 32482 and commonly these specifications, shall implement specific known as the Model Federal EEO Bid affirmative action steps, at least as extensive as Conditions, and the New Form shall not be those standards prescribed in paragraph 7 of used after the regulations in 41 CFR Part these specifications, so as to achieve maximum 60-4 become effective. results from its efforts to ensure equal employment opportunity. If the Contractor fails Minority Goals to comply with the requirements of the Executive Order, the implementing regulations, The goal for the utilization of women employees on o or these specifications, the director shall federally-assisted construction contracts is set at 6.9%. proceed in accordance with 41 CRF 60-4.6. The goal for utilization of minorities, based on the 14. The Contractor shall designate a responsible Standard metropolitan Statistical Area (SMSA)for official to monitor all employment related activity Riverside/San Bernardino County is 19%. to ensure that the company EEO policy is being carried out, to submit reports relating to the For additional information on these goals, please contact provisions hereof as may be required by the the OFCCP-Pacific Region at(415) 848-6969. Government and to keep records. Records 8of8 Page 27 of 42 i CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000.00) During the performance of this Contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Page 28 of 42 0 ADDITIONAL REQUIRED DOCUMENTS AND SAMPLE DOCUMENTS Page 29 of 42 O *Complete if person other than owner is signing certified payroll/compliance documentation. CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: PROJECT NUMBER: This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly, certified payroll reports for this project: Payroll Officer (Name) Payroll Officer (Signature) (Contractor/Subcontractor) by (Signature) (Title) (Date) (Contractor/Subcontractor License No.) Page 30 of 42 , O L Q a) O Z mo o W Z U � p N Q t Q) _O w O C C 70 Cl) L W C Z � � o E W a u) - L W o -0 u ui n Z Q a CN L O a) d w fQ M O C `� o OJO z ° Q co a- O J � � a CL m a •L C O -° LL o Z a o' O Q u Q o L c Z H O E� � W n V a) Q Y (6 U N CT cr, C cU0 C C C ai O "> 'C OL U � a W c t @ W 2 ° c v c Y coo ZZ m ca o o co D o c �° o o c m U U � w ULL = d > Q = a_ > Q 2d > Q U O O O d d z\�\ o �0 - } / } \ ( / } FTF7\» / �4w \ �» [ \ ` �0 a \ 0 0 D / / { ` 0 Q / / / I j n 0 r } \ \ : ` « \ ` ) ` 2( 0 0 Ll 0 0 0 0 0 w 0 w 0 0 0 \ ) R#0 l< ) 0 CL e% ,<( \ /)/ } - »=w G <. ! ) ) ƒ - k e%2 0 2}S / \ �a i Department of Labor Form Approved. Wage and Hour Division Budget Bureau No 44-RIO93 STATEMENT OF COMPLIANCE Date 1, 1 ,do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the (Project) ,that during the payroll period commencing on the day of_ 2 ,and ending on the day of ­2 1 all persons employed on said project have been paid the full weekly wages earned; that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly wages earned by any person;and(Contractor or Subcontractor) that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72 Stall.967;76 Stat.357;40 U.S.C.276c).and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic confirm with the work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized MEW agency exists in a State,are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each taborer or mechanic listed in the above referenced payroll payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in Section 4(c)below. (c) EXCEPTIONS EXCEPTIONS CRAFT Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the Unites States Code. Form WH-308(1f88)Purchase this form difectly from the Supt.of Documents Page 33 of 42 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs, or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c) Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. Page 34 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN 1 - INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE QUALIFYING REPORT I. JOB CATEGORY Laborers(Unskilled): Occupations in which a worker performs Data is to be completed for all listed job categories of a variety of manual work in the maintenance, repair or employees. construction of highways,buildings,and other facilities; unskilled Definitions: worker who brings materials to, and does preparation work for, Administrators: Occupations which require that employees set skilled workers in a trade. broad policies, exercise overall responsibility for execution of Service Workers: Occupations in which workers perform duties these policies, direct individual departments or a special phase which result in or contribute to the comfort, convenience, of the contractor's operations, or provide specialized upkeep and care of buildings, facilities cr grounds of public consultation on a regional,district or area basis. property. Workers in this category may operate machinery. Includes: directors, deputy directors, department heads Includes: chauffeurs, laundry and dry cleaning operators, truck controllers, foremen supervisors, inspectors, and kindred drivers, bus drivers, garage laborers, custodial persons, workers. gardeners and groundskeepers, refuse collectors, construction Professional: Occupations which require specialized and laborers. theoretical knowledge which is usually acquired through college II. CURRENT WORK FORCE training or through work experience and other training which This category is to establish the contractor's current employee provides comparable knowledge. status. Includes: personnel and labor relations workers, social workers, doctors psychologists, registered nurses, economists, dietitians, A. Total number of employees: The contractor is to fill out the lawyers, system analysis, accountants, engineers, employment total number of persons currently employed in each job and vocational rehabilitation counselors, teachers or instructors, category. and kindred workers. B. Black: The contractor is to place the current number of Technical: Occupations which require a combination of basic Black employees in each box in this column for each job scientific or technical knowledge and manual skill which can be category. obtained through specialized post-secondary school education or through equivalent on-the-job training. C. Hispanic: The contractor is to place the current number of employees of Hispanic origin in each box in this column for Includes: computer programmers and operators, draftsmen, each job category. surveyors, licensed practical nurses, photographers, radio operators,technical illustrators,highway technicians,technicians D. Asian or Pacific Islanders: The contractor is to place (medical, dental, electronic, physical sciences), assessors, current number of employees of Asian or Pacific Island inspectors,and kindred workers. origin in each box in this column for each job category. Sales: Occupations in which the act of selling takes place: E. American Indian or Alaskan Native: The contractor is to exchange of property of any kind, or of services for an agreed place the current number of American Indian or Alaskan sum of money or other valuable consideration. One employed Native employees in each box in this column for each job as a traveling agent or representative to sell goods or services. category. Office and Clerical: Occupations in which workers are F. Total Minority: The number to be placed in each box in the responsible for internal and external communication, recording column can be reached by adding the current number of and retrieval of data and/or information and other paperwork Black, Hispanic, Asian, Pacific Islander, American Indian, required in an office. and Alaskan Native employees written in the four previous Includes: bookkeepers, secretaries, office machine operators, columns. clerk typists, stenographers, statistical clerks, dispatchers, G. Total Females: In each box in this column the contractor payroll clerks,messengers,and kindred workers. shall place the total number of white and minority females Skilled: Occupations in which workers perform jobs which employed in each job category. require special manual skill, a thorough and comprehensive III. UNDERUTILIZATION knowledge of the processes involved in the work which is To establish whether under-utilization exists, a contractor must acquired through on-the-job training, experience, through determine whether the "total minority' percentages and "total apprenticeship or other formal training programs, female percentages" in each job classification are lower than Includes: mechanics and repairmen, electricians, heavy would reasonably be expected by their availability. equipment operators, stationary engineers, skilled machinist After making this comparison, the contractor should place a occupations, carpenters, and compositors and typesetters, and check mark in the box that applies ('yes" or "no") for each kindred workers. category. Operative (Semiskilled): Occupations in which workers are IV. ANTICIPATED HIRING partly skilled, or doing manual work that requires only limited The contractor should state the number of employees the training,experience or knowledge. contractor plans to hire both as additional employees and replacements for each job category. Page 35 of 42 O U a3i LL Z 0 LL W N w U) ')B= x Q Q ~ E ° ° ¢dQd co y o G N v Q Ur LL LL (D 0 1- U' Q ZZ � `o Q 2 ? O w W .� W W � o o w 5 o E ? c U 0 G a< x M a ti W O '° W o .G Z J Z E G ° �.. A °° G k Q U- W -' o m .c c �° v ° o o N } �LLJ iy v °v°w .o m 3 �'a v J to z Q w ° n� m > c° ¢ v .� P.v a ai U a> on Z Z Cn l}l N v 0 m G : W m F° m G o a v c F� 3 } � p F � o ro " U ti ou m n v ` ao m � F Y v v _F a ¢ h °G ci 'n a 00 - Z 3 v w m o ro y '> o F ° o ° a Q a u G Q �' vi ° o :� v > ° aE a<Z u o- � U U N L N U U R G o 0 0. G Q ,O O E O � G r O O LIJ c _ Q U G cC U y `'� V U U .� j U U cT1 ti J N N 2 b t o .v 2 E Q a d U o - c v Q V U U ro m o U U Q LL v V Ca W a 0 W 0 cu W o ro Q Q Q x O a�a a Q o 0 Z_ Z c Y C O N J N . ' m Q aaw Q G € u U iV c w n Q a° F � oGA ca U U N U F m I I f1 t ¢ 1'LL. � � v W J 4.L W N N Q Q °' a Q' W w LL) v O W w W r ° W O w cq LRI) O G Z Q ~O A w fr z v N U J v V F x a ti o w G Cr o a a. Z } N O O O 0 Y y J `v v n ?2 .2 > > H O m e Q Z d v [= -Q uo t 6 Q Q d W 7) y .N Z�_ H ri v v o r oo U U C ? d U o U U Q d -' c`n� U cn O � in SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS Name of Contractor, Subcontractor or Vendor Adopts this plan to affirm its support of a program of equal employment opportunity, and to assure compliance with Executive Orders 11246 and 11375, Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's Affirmative Action Compliance Program. This contractor (or Subcontractor or Vendor) agrees to assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and the productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This contractor (or Subcontractor or Vendor) further recognizes that the effective application of a policy of equal employment opportunity involves -pore than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are available on the basis of individual merit, and to encourage advancement on this basis. The following Affirmative Action Program is hereby established as the policy and practices of our company: INSTRUCTIONS: Please answer each question by marking an "X" beside "A", "B", or "C". If "C" is marked, explain reason; use a separate sheet if additional space is needed. 1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry, national origin, marital status or handicap, and will treat all employees equally in respect to compensation and opportunities for advancement, including upgrading and promotion. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 2. Our company will actively use recruitment sources such as employment agencies, unions, and schools that have a policy of referring applicants on a nondiscriminatory basis. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including minority news media, and by notifying and discussing policy with all local minority, handicapped and women's organizations and subcontractors and shall maintain records of the organizations responses. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 37 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) Our company shall make specific and constant personal, written, and oral recruitment efforts directed at all local minority, handicapped and women's organizations, including schools, recruitment and training organizations. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 5. Our company shall make specific efforts to encourage present minority, handicapped and women employees to recruit their friends and relatives who status also comes under that of minority, handicapped or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 6. Our company will maintain a file of the names and addresses of each minority applicant and female applicant referred to the company for hiring, and if the applicant is not considered for employment or was not employed, the company's file should document this and the reason therefore. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 7. Our company shall notify the implementing entity Contract Compliance Officer when the union or unions with whom our company has a collective bargaining agreement have not referred to the company a minority, handicapped, or female worker sent for by the company or the company has other information that the union referral process has impeded the company's effort to meet the established goals of affirmative action. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 8. Our company will actively take steps to integrate any positions, departments or plant location which have no women or minorities or are almost staffed with one particular group. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" g. Our company shall insure that all employee specifications, selection requirements, tests, and other employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain T" Page 38 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 10. Where reasonable, our company shall develop or finance on-the-job training opportunities and participate and assist in any association or employee group training programs relevant to the company's employee needs ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel for promotion opportunities and encourage minority and female employees to see such opportunities. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of compensation and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped, minority or female employees ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 13. Our company will make certain that all facilities normally used concurrently by all company activities are non-segregated. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 14. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action Compliance Plan of the implementing entity, and that all project subcontractors have an approved Affirmative Action Plan. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain °C" 15. Our Company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 39 of 42 SAMPLE - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 16. Our company shall make every effort to provide after school, summer and vacation employment to minority youths. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this paiicy. Explain "C" 117. Our company shall continually monitor all personnel activities to insure that the implementing entity's Affirmative Action Policy for Contractors and Vendors is carried out. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Date Signature Title Page 40 of 42 11`11 r WMWM� Record of U.S. Department of Housing OMB Approval No.2501-0009 " �rnp�c�yee Interview and Urban Development (exp. 1/31/2000) Office of Labor Relations Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching °xisting data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information, I you are not required to complete this form,unless it displays a currently valid OMB control number. .e information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to any individual on whom the information is maintained. Project Number Contractor or Subcontractor(Employer) Project Name 1. Name of Employee 2. Home Address and Zip Code 3a. Last date you worked on project before today 3b. Number of hours worked on project on that date 4. Your hourly pay rate 5. Your job classification(s)(list all)(continue any answers on a separate sheet if necessary) Apprentice? Yes No 6. Your duties 7. Tools or equipment used 8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No (If overtime premium pay is not required,check"inapplicable") 9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No 10. Duties observed by Interviewer Conform to Classification? Yes No 11. Remarks(Continue on a separate sheet if needed) 12. Signature of Interviewer Date of interview Payroll Examination 13. Remarks(Continue on a separate sheet if needed) 14. Signature of Payroll Examiner Date ,r- Previous editions are obsolete form HUD-11(5/93 Page 41 of 42 CERTIFICATE OF OWNER'S ATTORNEY We, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Signed Date Page 42 of 42 'i «r Exhibit 4 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activity Title:Muscoy: Security Cameras and Case#: 215-32103/3038 Door at Delmann Heights Community Center P.O. Contract#: Vendor ID: Subrecipient Name and Address: City of San Bernardino Project Effective: Month of: Invoice#: P.O. Box 1318 From: To: San Bernardino, CA 92418 MONTHLY REPORT OF GRANT EXPENDITURES AND REQUEST FOR REIMBURSEMENT Col. I Col. 2 Col. 3 Col. 4 Col. 5 Col. 6 Proj/Case Grant Amount Current Mo. Cumulative Total Grant Acct. No. Reimb. Prior Reimb Cum. Reimb. Balance I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the CDBG, has not previously been billed for the costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable provisions under the terms of the contract or grant relating to the payment of prevailing salaries and wages have been complied with; and (d) all applicable tax laws are complied with. Prepared By: Approved Bv: Date: PH.# Audited by: Examined by: Approved by: Page 1 of 1 EXHIBIT 5 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activity Title: Muscoy: Security Cameras and Door at Delmann Case Number: 215-32103/3038 Heights Community Center Name/Address of Contractor Agency: Date of Issue: Boys and Girls Club of San Bernardino 1180 West 9`h Street X Original: Beginning San Bernardino, CA 92411 Amendment# INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: Per Person.$ Per Accident$ Damage Liability$ Combined Single Limit $ ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH Page 1 of 1 SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO This Contract is made and entered into by and between San Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Boys and Girls Club of San Bernardino,hereinafter referred to as "CLUB". WHEREAS, COUNTY has entered into a Contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Community Development and Housing hereinafter referred to as "CDH", is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, the CITY Department of Facilities Management, hereinafter referred to as "FMCSB", is authorized to act on behalf of CITY to manage improvement projects at CITY facilities and to maintain CITY facilities; and, WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and recreational activities for children and youth from low-and moderate-income households living in the unincorporated community of Muscoy, as well as in the City of San Bernardino and other nearby unincorporated areas; and, WHEREAS, CITY owns the CLUB facility located at 2969 N. Flores, San Bernardino and the CLUB operates programs and services out of the facility for the benefit of children and youth under a lease; and, WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for CLUB; and, WHEREAS, this contract among the herein-named delineates only the responsibilities of the parties regarding this contract and is not intended to supercede any contract between the CITY as lessor and CLUB as lessee; and, WHEREAS, on September 26, 2006 (Item #68), as part of the Consolidated Plan amendment to the 2006-07 Action Plan, the Board of Supervisors allocated $23,600 to install security cameras and doors at the Delmann Heights Community Center—Boys and Girls Club of San Bernardino, and, WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the improvements. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the construction of facility improvements and for the maintenance and operation of the CLUB facility located in the Delmann Heights Community Center at 2969 N. Flores, San Bernardino, hereinafter referred to as "FACILITY". 2. SCOPE OF PROJECT CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS", to include the purchase and installation of security cameras and reinforced security doors for the FACILITY.. Page 1 of 10 Additional improvements may be included only after written Contract among CITY, CLUB and COUNTY. The actual scope of IMPROVEMENTS may not include all items identified herein, but shall be limited to the amount of CDBG funding identified in Section 4,FUNDING. CITY and CLUB shall maintain and operate FACILITY for the purpose of providing educational and recreational programs and services to children and youth from low- and moderate-income households living in the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period identified in Section 8, MAINTENANCE AND OPERATION. Each qualifying participant of said programs under the terms of this contract shall be identified as a unit of service. Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 3. TIME OF PERFORMANCE CITY and CLUB shall comply with the terms of this contract for no less than ten (10) years beginning upon the date of completion of IMPROVEMENTS. The Contract term is for ten (10) years as specified in Section 8, MAINTENANCE AND OPERATION. In addition to the ten (10) year term, CITY and CLUB are required to uphold the terms of the contract for an additional five (5) years after expiration of this contract as specified in Section 26, REVERSION OF ASSETS. 4. FUNDING COUNTY shall utilize CDBG funds to reimburse CITY for eligible construction costs in an amount not to exceed of twenty three thousand six hundred dollars ($23,600) for the purpose of constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the amounts available in this section shall be the sole responsibility of CITY and CLUB. This condition however, does not preclude COUNTY from providing additional funding at its sole discretion. Payment by COUNTY will be made on a cost reimbursement basis to the entity providing construction management services as indicated in Section 5, CONSTRUCTION MANAGEMENT. Request for Reimbursement shall be made to CDH and accompanied by pertinent"audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY, and CLUB agree CITY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with federal labor standards, including the Davis-Bacon Act and other related acts associated with the CDBG program. COUNTY shall provide project administrative services for activities related to completion of IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached "Request for Approval", Exhibit 1 of 5, to request approval from COUNTY to advertise for bids or to award any contract(s) prior to actual bidding or awarding of contract(s), as identified in the attached "Coordination Procedures", Exhibit 2 of 5. In addition, CITY shall insert Attachment "D", CDH Construction Contract Provisions, Exhibit 3 of 5, into all construction bid package(s) prior to bidding. CITY shall submit to CDH all required documents for compliance with federal labor standards, including the Department of Labor's weekly certified payroll form WH-347348 with original signatures. CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force account labor is used, CITY will provide to CDH, prior to start of construction, the names of CITY staff who will engage in construction and the scope of work to be performed. 6. COMPENSATION AND METHOD OF PAYMENT For performance of said services, COUNTY shall provide CDBG funds not to exceed twenty three thousand six hundred dollars ($23,600). This payment shall constitute full and complete compensation for CITY services Page 2 of 10 under this contract. For the purposes of this contract, COUNTY shall disburse compensation and monitor CITY performance in satisfying the scope of work obligations under the terms of this contract. Disbursement of payments to CITY for IMPROVEMENTS shall be in the form of reimbursement. COUNTY shall reimburse CITY for CITY's actual cash disbursement under the term of this contract. Reimbursement shall be contingent upon COUNTY receipt of completed "Monthly Report of Grant Expenditures and Request for Reimbursement" form; Exhibit 4 of 5, accompanied with pertinent "audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement. Eligibility for reimbursements is subject to compliance with Coordination Procedures, Exhibit 2 of 5, and timely submittal of contract compliance documents. 7. WITHHOLDING OF FUNDS CDH shall retain the right to withhold funds from CITY upon giving written notice to CITY indicating that CDH has determined the CITY has not met its obligations in a satisfactory or timely manner consistent with federal regulations or policy. CDH shall notify CITY in writing of this determination, specifying objections to CITY's performance. CITY shall then have a maximum of ten (10) days in which to remedy the said deficiencies. Should the deficiencies not be remedied within that time frame, CDH, upon written notice to CITY, shall have full authority to terminate the implementation of CITY for said IMPROVEMENTS. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 8. MAINTENANCE AND OPERATION CITY and CLUB shall have sole responsibility for the maintenance and operation of FACILITIES at the sole expense of CITY and CLUB for a period of not less than ten (10)years beginning upon the date of completion of IMPROVEMENTS. FACILITIES shall be maintained and operated at all times for the purpose of providing programs and services for children and youth from low-and moderate-income households as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. CLUB shall be responsible for completing and submitting to COUNTY the Public Facility Certification form. This form will be provided by CDH. 9. ON-SITE INSPECTION COUNTY, its officers, agents, employees, persons under Contract with COUNTY and representatives of HUD, will have the privilege and right to on-site inspection of the FACILITY for the duration of this Contract. CLUB will ensure that its employees or agents furnish any information that in the judgement of COUNTY and HUD representatives may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program. 10. CONTRACT COMPLIANCE CITY and CLUB will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 85.36(e). CITY and CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01, and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY and CLUB shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and women. In Page 3 of 10 i • addition, CITY and CLUB shall make every effort to employ residents of the area and shall keep a report of CITY and CLUB staff positions that have been created directly as a result of this program. 11. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws,ordinances,regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 12. CONFLICT OF INTEREST CITY and CLUB shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies,rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY and CLUB, who exercises any functions or responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision making process or gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this Contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/her tenure. CITY and CLUB shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 13. FORMER COUNTY OFFICIALS CITY and CLUB agrees to provide or has already provided information on former COUNTY Administrative Officials (as defined below) who are employed by or represent CITY and CLUB on this project. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five (5) years and are now officers,principals,partners, associates, or members of the business. The information also includes the employment with or representation of CITY and CLUB. For purposes of this provision, "COUNTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Administrative Officer or member of such Officer's staff, COUNTY Department or Group Head, Assistance Department or Group Head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. 14. INDEMNIFICATION CITY and CLUB agree to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY and CLUB shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY and CLUB under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY and CLUB under this Contract were improperly expended. COUNTY agrees to indemnify and hold harmless CITY and CLUB, their officers, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY'S negligent acts or omissions which arise from the COUNTY's performance of its obligations under this Contract to the extent such Page 4 of 10 claims, actions, losses, demands and/or liability is caused by or results.from the negligent or intentional acts or omissions of the COUNTY, its officers, employees, agents and volunteers, and for any costs or expenses incurred by CITY and CLUB on account of any claim therefore, except where such indemnification is prohibited by law. In the event the COUNTY and/or CITY and CLUB are found at fault for any claim, action, loss or damage which results from their respective obligations under the Contract, the COUNTY and/or CITY and CLUB shall indemnify the other to the extent of their comparative fault. 15. INSURANCE REQUIREMENTS Without, in any way affecting the indemnity herein provided. and in addition thereto, CLUB shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons providing services on behalf of CLUB and all risks to such persons under this Contract. If CLUB has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers'Compensation coverage will be waived by the County's Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Comprehensive General and Automobile Liability Insurance - This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Comprehensive General Automobile Liability Insurance and Transportation Liability-This coverage is to include contractual coverage, automobile liability coverage and transportation liability coverage while providing transportation services in owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000). Errors and Omissions Liability Insurance - Combined single limits of$1,000,000 for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or occurrence. Additional Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CLUB shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Page 5 of 10 Policies Primary and Non-Contributory - All policies required above are to IT primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY. Proof of Coverage - CLUB shall immediately furnish certificates of insurance to CDH and CITY evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CDH and CITY, and CLUB shall maintain such insurance from the time CLUB commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit 5 of 5, INSURANCE INVENTORY, along with the above-required insurance documents. 16. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. The County and City's Risk Managers are authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY risk. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CLUB agrees to execute any such amendment within thirty(30) days of receipt. 17. ADDITIONAL INSURANCE REQUIREMENTS CLUB shall, at its sole expense, obtain and deliver to COUNTY for its approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by CLUB at its sole expense for the term of this Contract. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY. CLUB shall inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 18. SELF INSURANCE CITY and COUNTY are authorized self-insured public entities for the purposes of general liability, automobile liability, professional liability and worker's compensation. CITY and COUNTY warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. 19. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY and CLUB agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, CITY and CLUB agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds Page 6 of 10 made available under this Contract will be used exclusively for performance of the work required under this ••. Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CITY and CLUB conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG-funded program services. FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the FACILITY on an equal basis, and are assessed equal rent or use charges, if any. 20. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CITY and CLUB. 21. ASSIGNMENT AND SUBLETTING CITY and CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless COUNTY has previously given their written consent. Provided,however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Contract. If CITY and CLUB attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by CITY and CLUB, or if CITY and CLUB is adjudged bankrupt or insolvent by any court or upon CITY and CLUB making an assignment for the benefit of creditors, COUNTY may, at its option, forthwith terminate this Contract upon written notice thereof to CITY and CLUB, and thereupon, no one but COUNTY shall have any further rights hereunder. 22. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither CITY nor CLUB, nor their successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY. Notwithstanding Section 23, VIOLATION OF CONTRACT, and any other provisions herein, CITY or CLUB shall reimburse COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of non-CDBG funds for IMPROVEMENTS, should CITY or CLUB sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Contract. 23. VIOLATION OF CONTRACT In the event that CITY and/or CLUB violate any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CITY and/or CLUB has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY and/or CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination all CDBG funds that have heretofore been provided by COUNTY to CITY and CLUB pursuant to the terms of the contract. Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY shall be in addition to that contained herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in Section 22, HYPOTHECATION OF REAL PROPERTY. Page 7 of 10 24. PROGRAM REPORTING AND RETENTION OF RECORDS CITY and CLUB agree to prepare and submit financial,program progress, and other reports as required by HUD or COUNTY directives. CITY and CLUB shall maintain such program, property,personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CITY and CLUB for a minimum of five (5)years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow CITY and CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that are subject to litigation or audit must be maintained for five (5) years or until the issue is resolved, whichever is onger. Records that pertain to real estate transactions must be maintained for the five (5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG- purchased equipment begins at the end of the equipment's use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY and CLUB records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CITY and CLUB are required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. 25. TERMINATION BY COUNTY Notwithstanding Section 23, VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. 26. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of,or improvement to, the property. 27. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by the parties. 28. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to Taw any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever,by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Page 8 of 10 29. BINDING INTEREST This Contract shall be binding on the parties, successors in interest,heirs and assigns. 30. SUSPENSION AND DEBARMENT By entering this Contract, CITY and CLUB certify that CITY and CLUB, including their principals, are not suspended or debarred from participating in federally funded contracts and sub-awards. 31. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino Boys and Girls Club of San Bernardino Department of Community 1180 West 9"' Street Development and Housing San Bernardino, CA 92411 290 North "D" Street, Sixth Floor Attn: Dolores Armstead San Bernardino, CA 92415-0040 Attn: Community Development City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 Attn: Valerie Ross, Development Services Jim Sharer,Facilities Management 32. EASEMENTS TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to CITY or CLUB or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY or CLUB or such person by reason of such determination. C. CITY and CLUB assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof,which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract, which are beyond the control of CITY and CLUB will make the Contract terms subject to re-negotiation. E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose, become a partner of CITY and CLUB, or a joint venturer with CITY and CLUB. Page 9 of 10 • IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: PAUL BIANE, Chairman -PATRICK k+A-&R{IS;Maym- Board of Supervisors FRED WILSON, City Manager Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO APPROVED AS TO LEGAL FORM THE CHAIRMAN OF THE BOARD By: DENA M. SMITH Ci Attorney Clerk of the Board of Supervisors of the County of San Bernardino Date: By: BOYS GIRLS CLUB OF SAN BERNARDINO 1 Date: OL RES STEAD,President APPROVED AS TO LEGAL FORM Date: " C.? RUTH E. STRINGER County Counsel By: MICHELLE D. BLAKEMORE Deputy County Counsel for CDH Date: Page 10 of 10 EXHIBIT 1 of 5 Date: Community Development Division Department of Community Development and Housing 2 '0 North "D" Street, Sixth Floor San Bernardino, CA 92415-0040 REQUEST FOR APPROVAL Project Activity Name: Muscoy: Security Cameras and Door at Delmann Heights Community Center— Boys and Girls Club SB Case Number: 215-32103/3038 Activity Location: 2969 N. Flores Avenue San Bernardino The City of San Bernardino hereby request approval to ISSUE: ( ) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES ( ) AN INVITATION TO BID FOR CONSTRUCTION SERVICES ( ) A CONTRACT CHANGE ORDER AWARD: ( ) A CONSULTANT SERVICES CONTRACT ( ) A CONSTRUCTION SERVICES CONTRACT ( ) SOLE SOURCE PROCUREMENT ( ) PURCHASE ORDER Name of Contractor: Address: Contact Person: Amount of Contract/Change Order: Subcontractors: ( ) List Attached ( ) No Contractors The following materials and documentation are submitted for review and approval: Signature of Department Official Date Page 1 of 1 • EXHIBIT 2 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COORDINATION PROCEDURES I. Introduction The following procedures identify the actions, responsibilities, and sequence of events for CDBG funded projects being implemented by a coordinated effort between the San Bernardino County Department of Community Development and Housing, hereinafter referred to as "CDH," and the City of San Bernardino, hereinafter referred to as "CITY". For each action or event listed in Section III of this attachment, the entity responsible for carrying out that action or event is referenced beside it. Section IV contains regulations and statutes applicable to CDBG funded activities. II. Authorization to Proceed The CITY is not authorized to expend funds or to initiate CDBG projects until authorized to do so in writing by CDH. Contract procurement shall be governed by all Federal regulations and statutes, as amended, as listed in Section IV of the Attachment. CDH payments of CITY Requests for Reimbursement will be subject to CITY submittal of a complete reimbursement report package as listed in Section III, C-21. III.Actions and Responsibilities A. Architect and/or Engineer Selection 1. The usual procedure for the selection of an architect or engineer involves a Request for Proposal (RFP) for professional services, following this process: a. CITY: Prepares an RFP for architectural, engineering, or other consultant services. b. CITY: Submits, prior to release all RFP's to CDH for review for contract compliance and consistency with Federal Title 24 CFR, Part 85 Section 85.36 (Procurement Standards). c. CITY: Reviews RFP's for compliance with State, Federal, local and CDH regulations. Requests CDH for "Approval to Proceed to Issue RFP". d. CDH: Issues to CITY an "Approval to Proceed to Issue an RFP". e. CITY: Advertises RFP, receives responses, interviews, requests CDH representation on selection committee and makes selection. c rl i-r ran + i + draft i. �.i Y: Notifies 1_vH o. se ection. Sends back-up documentation and uL contract to CDH. Requests CDH for "Approval to Proceed to Award a Consultant Services Contract". g. CDH: Reviews final contract for contract compliance and issues an "Approval to Proceed to Award a Consultant Services Contract". TAW h. CITY: Awards Consultant Services Contract. Page 1 of 5 B. Design Phase 1. CITY: Monitors preparation of preliminary plans by architect. 2. CITY: Notifies CDH of all public meetings with architect five working days before event. 3. CDH/: Reviews and approves preliminary design. CITY 4. CITY: Secures all required permits and regulatory approvals. 5. CITY: Reviews and approves plans and specifications, and obtains current Federal Wage Decision to include in the bid package. CDH keeps current copies which are available by request. 6. CITY: Forwards construction bid package to CDH for review and approval along with request for "Approval to Proceed to Issue an Invitation to Bid for Construction Services". See Attachment "D" "Construction Contract Boilerplate", for the forms used in preparing bid packages. 7. CDH: Reviews and approves construction bid package for compliance with Federal and local regulations and forwards authorization to proceed with changes (if any) to CITY. 8. CITY: Secures plan check of plans and specifications from the appropriate CO Building and Safety Authority. D. Construction Phase 1. CITY: Determines bid solicitation process permitted by CDBG requirements under Federal Title 24 CFR Part 85.36 (Procurement Standards), and County contracting regulations. Advertises invitation to bid and receives bids. 2. CITY: Ten days prior to bid opening, CITY makes telephone contact with CDH and requests updated Federal Wage Decision. CDH will send to CITY the latest Wage Decision. If they are in any way different from those issued in the original bid package, CITY will immediately forward latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening. 3. CITY: Conducts bid opening and sends to CDH a copy of the contract bid specifications including copies of the wage decisions in effect at bid opening. 4. CITY: Reviews bid documents submitted by the low bidder to assure compliance with County Policy 15-01, if applicable, and 24 CFR 85.36(e) regarding the participation of minority, disadvantaged and women business enterprises (MWBE's) in the proposed construction contract. If CITY has its own plan, which meets the aforementioned requirements, it may use this plan for bid 1117 1 document reviews. 5. CITY: Submits the selected responsive low bidder information and list of subcontractors to CDH and requests CDH for "Approval to Proceed to Award a Construction Services Contract". If adjustment of funds or project description is needed, the written request for reallocation of funds or Page 2 of 5 • change in project description should be sent at this time. Requests over 25% of project allocation, requires approval by CITY governing body in a public hearing. 6. CDH: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts. %Nr 7. CDH: Issues "Approval to Proceed" to CITY. 8. CITY: Approves the Affirmative Action Plan for contractors who: 1) employ ten (10) or more employees, or 2) bid work for more than $10,000. 9. CITY: Insures completeness of contract documents prior to award of contract. Construction contracts must contain a copy of Federal Labor Standards, applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions. 10. CITY: Awards Contract. 11. CITY: Notifies CDH of pre-construction conference. 12. CITY: Conducts pre-construction conference (CDH attendance mandatory). CDH forwards Contract Compliance Instructions to prime contractor. 13. CITY: Provides CDH with a copy of signed contract prior to start of construction. CITY ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; regarding Equal Employment Opportunity, and restrictions on public buildings and public works projects before signing contract. NOW 14. CITY: Keeps an up-to-date record of all encumbrances and obligations, including staff costs incurred, to assure that the remaining balance of funds is known. 15. CDH/ CITY: Ongoing observation and monitoring of projects. 16. CITY: Conducts on-site interviews with employees regarding their wages. Sends copy of interviews to CDH. 17. CITY: Receives from contractor, requests for progress payments accompanied by Weekly Certified Payroll, form WH-347, and any other documentation of expenditures and work accomplished. Form WH-347 has been included in CDH bid package insert "Attachment D", 'CDH Contract Provisions'. 18. CDH: Obtain from contractor, and forward to CDH completed copies of Weekly Certified Payrolls WITH ORIGINAL SIGNATURES during the term of construction. 19. CDH: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 20. CDH: Checks contractor's compliance with the approved Affirmative Action Plan. 21. CITY: Submits to CDH once each month during the term of the construction contract, a report package containing: Page 4 of 5 • Request for Reimbursement and accompanying documentation. Payments on said requests are subject to complete compliance with Federal Labor Standards. 22. CITY: Notifies CDH of all meetings regarding CDH projects, such as Design Conferences, Public Meetings, meetings with Community Development Advisory Commission, and CITY at least five (5) working days before event occurs. 23. CITY: Processes change orders and sends copy(ies) of change order(s) along with "Request for Approval of a Contract Change Order" to CDH. Notifies CDH of proposed changes in the list of subcontractors(a) and submits "Request For Approval to Proceed" to add or delete subcontractor(s) from the approved list. 24. CITY: Must obtain approval from CDH regarding all change orders prior to authorizing the contractor to proceed with said changes. 25. CITY: Requests revisions to Maintenance and Operation Contract as needed. 26. CDH: Revises Maintenance and Operation Contract, issues "Approval to Proceed to Issue Change Order(s)" to CITY. 27. CITY: Notifies CDH of final inspections at least five (5) working days before inspection date. 28. CITY: Attends final inspections (CDH attendance optional). 29. CITY: Secures its governing body's acceptance of completed project and filing of Notice of Completion. 30. CDH: Monitors project progress and contract compliance and issues, as necessary, "Notice of Non-Receipt of Monthly Status Report" or "Notice to Submit Final Activity Costs" notices to CITY. 31. CITY: Takes necessary actions to comply with said notices. 32. CITY: Prepares and submits "Notice of Completion" to CDH. 33. CDH: Conducts "Annual Certification of Use of Facilities". IV. CITY must ensure compliance with the following regulations and statutes, as amended, in carrying out CDBG funded activities: A. Community Development Block Grant Regulations of the Housing and Community Development Act of 1974, as amended (24 CFR 570) B. Applicable Uniform Administrative Requirements. 1) Office of Management and Budget Circular A-87. 2) Office of Management and Budget Circular A-128. •wr 3) 24 CFR Part 85. C. Applicable Uniform Administrative Requirements For Subrecipients that are not Governmental Entities. Page 5 of 5 1) Office of Management and Budget Circular A-110. 2) Office of Management and Budget Circular A-122. 3) 24 CFR Part 84. D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including: 1) Davis-Bacon Act (40 U.S.C. 276a to a-7). 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330). 3) Copeland Act (18 U.S.C. 874) E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended. F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508). G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) H. Archaeological and Historic Preservation Act of 1974. I. Rehabilitation Act of 1973, as amended. J. Americans With Disabilities Act. K. Clean Air Act (42 U.S.C. 7401 et seq) L. Clean Water Act (33 U.S.C. 1368). M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part 135 (12 U.S.C. 1701u). N. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq). O. Fair Housing Act (42 U.S.C. 3601-20). P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601-4655). O. Hatch Act. R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)). Page 5 of 5 EXHIBIT 3 of 5 ATTACHMENT "D" CDH CONSTRUCTION CONTRACT PROVISIONS i • ATTACHMENT "D" TABLE OF CONTENTS Construction Contract Provision Definitions............................ . ............ ......page 1 Bid Package INSERTS and Contract INSERTS ............................ ..............page 2 Required Documents Checklist................................ .. .......... . ....... .... .......page 3 Federal Labor Standards Provisions (HUD 4010 form)...... .. .... .... . . .................pages 4-7 Contractor's Certification of Compliance with Davis-Bacon and Related Acts.........page 8 Minority and Women Owned Business Enterprise Participation...... ..... . . .. .. .......pages 9-10 Certification of Bidder Regarding Equal Employment Opportunity.. . ... .. ................page 11 Certification of Subcontractor Regarding Equal Employment Opportunity............page 12 Section 3 Report - Contracts of$100,000 or more.................................... ....page 13 Section `3' Clause.................... ........................................ ..................page 14 Federal Prevailing Wage Decision.......... ..................................................page 15 Affirmative Action Compliance Guidelines.............................. ..................pages 16-19 Equal Employment Opportunity (EEO) Clauses and EEO Construction Contract Provisions.......................................................................................pages 20-27 Certification of Compliance with Air & Water Acts.................... ..................page 28 Additional Required Documents & Sample Documents..... .. . ........ ...................pages 29-42 CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the" Required Documents Checklist"for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors - Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60, Bid Bond - A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid. A sample form is included under"Example Documents" of the Attachment "D". Certificate of Owner's Attorney -This certificate is to be completed by the owner's attorney when applicable. A sample form is included under"Example Documents" of the Attachment "D". Certification of Bidder Regarding Equal Employment Opportunity - This certification is required by Federal law (41 CFR 60) and must completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Certification of Compliance with Air and Water Acts -The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. Certification of Proposed Subcontractor Regarding Equal Employment Opportunity - This certification must be completed by all subcontractors and submitted to the prime contactor for submittal to the CITY/COUNTY prior to the pre- construction meeting. Contractor's Certification of Compliance with Davis-Bacon and Related Acts - This certification is required by Federal law (29 CFR 5) and must be completed by the prime contractor and submitted to the CITY/COUNTY. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions - These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions (HUD 4010 form) - These provisions set forth the federal labor requirements for contactors working on a federally-assisted construction projects in which the prime contract exceeds $2,000. The prime contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds $2,000. The prime contractor is responsible for including these provisions in all subcontracts. Federal Prevailing Wage Decision - The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at http://www.gpo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in effect 10 days prior to the bid opening date. Labor and Materials Bond - This payment bond guarantees that employees/subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor & Materials Bond must be at least one hundred percent (100%) of the contract price and must be submitted to the CITY/COUNTY upon award of the contract. Minority and Women-Owned Business Enterprise Participation Form - This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Performance Bond - This bond guarantees the contractor's performance under the terms of the construction contract and must be at least one hundred percent (100%) of the contract price and submitted to the CITY/COUNTY following award of the contract. "Section 3" -This law applies to construction contracts exceeding $100,000, on projects funded by the U.S. Department of Housing and Urban Development (HUD). To the greatest extent feasible, contractor(s) and subcontractor(s) must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25% of its work to %w Section 3 businesses. Page 1 of 42 BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women. INSERT - CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached. Page 2 of 42 REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ] 1. Bid Package signed by contractor or letter stating that the project specifications document is part of the contract [ ] 2. Signed Partnership Agreement (if applicable) [ ] 3. Bid Bond REQUIRED PRIOR TO PRECONSTRUCTION MEETING [ ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract [ ] 5. Bonds(performance/payment or labor and material bonds) [ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form [ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment [ ] 8. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Mow Requirements REQUIRED DURING CONSTRUCTION [ ] 9. Weekly Certified Payrolls [ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)* [ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)* [ ] 12. Section 3 Report (Applies to contracts of$100,000 or more) *Note: These forms are located in the "Additional Required Documents/Sample Documents"section of Attachment "D" and will be discussed by County CDHstaff at the preconstruction meeting C Page 3 of 42 I i Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The project or program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor, included in this Contract pursuant to the provisions applicable to Washington, D.C. 20210. The Administrator, or an authorized such Federal assistance. representative, will approve, modify, or disapprove every additional A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30-day not less often than once a week, and without subsequent period that additional time is necessary. (Approved by the Office deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215- deductions as are permitted by regulations issued by the Secretary 0140.) of Labor under the Copeland Act (29 CFR Part 3), the full amount (c) In the event the contractor, the laborers or mechanics to be of wages and bona fide fringe benefits (or cash equivalents employed in the classification or their representatives, and HUD or thereof) due at time of payment computed at rates not less than its designee do not agree on the proposed classification and wage those contained in the wage determination of the Secretary of rate (including the amount designated for fringe benefits, where Labor which is attached hereto and made a part hereof, regardless appropriate), HUD or its designee shall refer the questions, of any contractual relationship which may be alleged to exist including the views of all interested parties and the recommenda- between the contractor and such laborers and mechanics. tion of HUD or its designee, to the Administrator for determination. Contributions made or costs reasonably anticipated for bona fide The Administrator, or an authorized representative, will issue a fringe benefits under Section I(b)(2) of the Davis-Bacon Act on determination within 30 days of receipt and so advise HUD or its behalf of laborers or mechanics are considered wages paid to such designee or will notify HUD or its designee within the 30-day period laborers or mechanics, subject to the provisions of 29 CFR that additional time is necessary. (Approved by the Office of 5.5(a)(1)(iv); also, regular contributions made or costs incurred for Management and Budget under OMB Control Number 12150140.) more than a weekly period (but not less often than quarterly) under (d) The wage rate (including fringe benefits where appropriate) plans, funds, or programs, which cover the particular weekly period, determined pursuant to subparagraphs (1)(ii)(b)or(c)of this para- are deemed to be constructively made or incurred during such graph, shall be paid to all workers performing work in the classifi- weekly period. cation under this contract from the first day on which work is per- Such laborers and mechanics shall be paid the appropriate wage formed in the classification. to and fringe benefits on the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract ..cation of work actually performed, without regard to skill, except for a class of laborers or mechanics includes a fringe benefit which as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- is not expressed as an hourly rate, the contractor shall either pay forming work in more than one classification may be compensated the benefit as stated in the wage determination or shall pay gn- at the rate specified for each classification for the time actually other bona fide fringe benefit or an hourly cash equivalent thereof. worked therein: Provided, That the employer's payroll records (iv) If the contractor does not make payments to a trustee or accurately set forth the time spent in each classification in which other third person, the contractor may consider as part of the work is performed. The wage determination (including any addi- wages of any laborer or mechanic the amount of any costs rea- tional classification and wage rates conformed under 29 CFR sonably anticipated in providing bona fide fringe benefits under a 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted plan or program, Provided, That the Secretary of Labor has found, at all times by the contractor and its subcontractors at the site of upon the written request of the contractor, that the applicable star- the work in a prominent and accessible, place where it can be Bards of the Davis-Bacon Act have been met. The Secretary of easily seen by the workers. Labor may require the contractor to set aside in a separate ac- (ii) (a)Any class of laborers or mechanics which is not listed in the count assets for the meeting of obligations under the plan or pro- wage determination and which is to be employed under the gram. (Approved by the Office of Management and Budget under contract shall be classified in conformance with the wage deter- OMB Control Number 1215-0140.) mination. HUD shall approve an additional classification and wage 2. Withholding. HUD or its designee shall upon its own action or rate and fringe benefits therefor only when the following criteria upon written request of an authorized representative of the be- have been met: partment of Labor withhold or cause to be withheld from the con- (1) The work to be performed by the classification requested is tractor under this contract or any other Federal contract with the not performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract (2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is industry; and held by the same prime contractor so much of the accrued pay- (3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la- efits, bears a reasonable relationship to the wage rates contained borers and mechanics, including apprentices, trainees and help- in the wage determination. ers, employed by the contractor or any subcontractor the full (b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or HUD or its designee agree on the classification and wage rate helper, employed or working on the site of the work, all or part kw icluding the amount designated for fringe benefits where Previous edition is obsolete Page 1 of 4 HUD-4010(07/2003) ref. Handbook 1344.1 Page 4 of 42 i of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate, ater written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly,and that no deductions have been made `ake such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned,other than iy further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3; violations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli- employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract. make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set contracts. forth on the reverse side of Optional Form WH-347 shall satisfy 3. (i) Payrolls and basic records. Payrolls and basic records the requirement for submission of the "Statement of Compliance" relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b). course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the number of each such worker, his or her correct classification, United States Code. hourly rates of wages paid (including rates of contributions or (iii) The contractor or subcontractor shall make the records re- costs anticipated for bona fide fringe benefits or cash equivalents uired under subparagraph A.3. i available for inspection, co thereof of the types described in Section I(b)(2)(B) of the Davis- q p ara ra g p () p py bacon Act), daily and weekly number of hours worked, deductions ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such rep- made and actual wages paid. Whenever the Secretary of Labor resentatives to interview employees during working hours on the has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably Job. If the contractor or subcontractor fails to submit the required anticipated in providing benefits under a plan or program records or to make them available, HUD or its designee may, after described in Section I(b)(2)(B) of the Davis-Bacon Act, the written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan further payment, advance, or guarantee of funds. Furthermore, or program is financially responsible, and that the plan or program failure to submit the required records upon request or to make h such records available may be grounds for debarment action pur as been communicated in writing to the laborers or mechanics suant to 29 CFR 5.12. affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing 4. Apprentices and Trainees. apprentices or trainees under approved programs shall maintain (i)Apprentices. Apprentices will be permitted to work at less than ,itten evidence of the registration of apprenticeship programs and the predetermined rate for the work they performed when they are �rtification of trainee programs, the registration of the apprentices employed pursuant to and individually registered in a bona fide and trainees, and the ratios and wage rates prescribed in the apprenticeship program registered with the U.S. Department of applicable programs. (Approved by the Office of Management and Labor, Employment and Training Administration, Office of Budget under OMB Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a (ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary designee if the agency is a party to the contract, but if the agency is employment as an apprentice in such an apprenticeship program, not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has applicant sponsor, or owner, as the case may be, for transmission been certified by the Office of Apprenticeship Training, Employer to HUD or its designee. The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap- ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage all subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu- Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on the (b) Each payroll submitted shall be accompanied by a "Statement job site in excess of the ratio permitted under the registered of Compliance," signed by the contractor or subcontractor or his or program shall be paid not less than the applicable wage rate on her agent who pays or supervises the payment of the persons the wage determination for the work actually performed. Where a employed under the contract and shall certify the following: contractor is performing construction on a project in a locality other (1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate) such information is correct and complete; specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than (2) That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's prentice, and trainee)employed on the contract during the payroll level of progress, expressed as a percentage of the L Previous edition is obsolete Page 2 of 4 form HUD-4010(07/2003) ref. Handbook 1344.1 Page 5 of 42 journeymen hourly rate specified in the applicable wage determi- tract and for debarment as a contractor and a subcontractor as nation. Apprentices shall be paid fringe benefits in accordance provided in 29 CFR 5.12. with the provisions of the apprenticeship program. If the appren- 8. Compliance with Davis-Bacon and Related Act Requirements. ticeship program does not specify fringe benefits, apprentices must All rulings and interpretations of the Davis-Bacon and Related Acts be paid the full amount of fringe benefits listed on the wage deter- contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by mination for the applicable classification. If the Administrator de- reference in this contract termines that a different practice prevails for the applicable ap- g. Disputes concerning labor standards. Disputes arising out of prentice classification,fringes shall be paid in accordance with that the labor standards provisions of this contract shall not be subject determination. In the event the Office of Apprenticeship Training, to the general disputes clause of this contract. Such disputes shall Employer and Labor Services, or a State Apprenticeship Agency be resolved in accordance with the procedures of the Department recognized by the Office, withdraws approval of an apprenticeship of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the program, the contractor will no longer be permitted to utilize meaning of this clause include disputes between the contractor (or apprentices at less than the applicable predetermined rate for the any of its subcontractors) and HUD or its designee, the U.S. work performed until an acceptable program is approved. Department of Labor, or the employees or their representatives. (ii Trainees. Except as provided in 29 CFR 5.16, trainees will not 10. (i) Certification of Eligibility. By entering into this contract the be permitted to work at less than the predetermined rate for the contractor certifies that neither it (nor he or she) nor any person or work performed unless they are employed pursuant to and firm who has an interest in the contractor's firm is a person or firm individually registered in a program which has received prior ap- ineligible to be awarded Government contracts by virtue of Section proval, evidenced by formal certification by the U.S. Department of 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded Labor, Employment and Training Administration. The ratio of HUD contracts or participate in HUD programs pursuant to 24 CFR trainees to journeymen on the job site shall not be greater than Part 24. permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the (ii) No part of this contract shall be subcontracted to any person rate specified in the approved program for the trainee's level of or firm ineligible for award of a Government contract by virtue of progress, expressed as a percentage of the journeyman hourly Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(x)(1)or to be rate specified in the applicable wage determination. Trainees shall awarded HUD contracts or participate in HUD programs pursuant be paid fringe benefits in accordance with the provisions of the to 24 CFR Part 24. trainee program. If the trainee program does not mention fringe (iii) The penalty for making false statements is prescribed in the benefits, trainees shall be paid the full amount of fringe benefits U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal listed on the wage determination unless the Administrator of the Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis- Wage and Hour Division determines that there is an apprentice- tration transactions", provides in part: "Whoever,for the purpose of ship program associated with the corresponding journeyman wage • . . influencing in any way the action of such Administration rate on the wage determination which provides for less than full makes, utters or publishes any statement knowing the same to be fringe benefits for apprentices. Any employee listed on the payroll false._shall be fined not more than$5,000 or imprisoned not more 3t a trainee rate who is not registered and participating in a than two years, or both." training plan approved by the Employment and Training Adminis- 11. Complaints, Proceedings, or Testimony by Employees. No tration shall be paid not less than the applicable wage rate on the laborer or mechanic to whom the wage, salary, or other labor wage determination for the work actually performed. In addition, standards provisions of this Contract are applicable shall be dis- any trainee performing work on the job site in excess of the ratio charged or in any other manner discriminated against by the Con- permitted under the registered program shall be paid not less than tractor or any subcontractor because such employee has filed any the applicable wage rate on the wage determination for the work complaint or instituted or caused to be instituted any proceeding or actually performed. In the event the Employment and Training has testified or is about to testify in any proceeding under or Administration withdraws approval of a training program, the con- relating to the labor standards applicable under this Contract to his tractor will no longer be permitted to utilize trainees at less than employer. the applicable predetermined rate for the work performed until an acceptable program is approved. Equal em B. Contract Work Hours and Safety Standards Act. The provi- (iii) E employment o q p y opportunity. The utilization of a pp ren- sions of this paragraph B are applicable only where the amount of tices, trainees and journeymen under 29 CFR Part 5 shall be in the prime contract exceeds$100,000.As used in this paragraph, the conformity with the equal employment opportunity requirements of terms"laborers"and"mechanics" include watchmen and guards. Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contrac- (1) Overtime requirements. No contractor or subcontractor con- tor shall comply with the requirements of 29 CFR Part 3 which are tracting for any part of the contract work which may require or involve incorporated by reference in this contract the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is 6. Subcontracts. The contractor or subcontractor will insert in employed on such work to work in excess of 40 hours in such work- any subcontracts the clauses contained in subparagraphs 1 week unless such laborer or mechanic receives compensation at a through 11 of this paragraph A and such other clauses as HUD or rate not less than one and one-half times the basic rate of pay for a!! its designee may by appropriate instructions require, and a copy of hours worked in excess of 40 hours in such workweek. the applicable prevailing wage decision, and also a clause re- (2) Violation; liability for unpaid wages; liquidated damages. quiring the subcontractors to include these clauses in any lower tier In the event of any violation of the clause set forth in subpara- subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. form HUD-4010(07/2003) ref.HanODOOK 1,544 1 Previous edition is obsolete 7. Contract termination;debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- 3 of 4 L, Paoe 6 of 42 graph (1) of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shell insert in responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through ;ion, such contractor and subcontractor shall be liable to the United (4) of this paragraph and also a clause requiring the sub- States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts. 3olumbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any liquidated damages. Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth in with respect to each individual laborer or mechanic, including subparagraphs (1)through (4)of this paragraph. watchmen and guards, employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are ap- in subparagraph (1) of this paragraph, in the sum of$10 for each plicable only where the amount of the prime contract exceeds calendar day on which such individual was required or permitted to $100,000. work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous, sub paragraph (1)of this paragraph. or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation. request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the bor withhold or cause to be withheld,from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et seq. same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this paragraph w in every subcontract so that such provisions will be binding on which is held by the same prime contractor such sums as may be each subcontractor. The Contractor shall take such action with determined to be necessary to satisfy any liabilities of such con- respect to any subcontract as the Secretary s Housing and tractor or subcontractor for unpaid wages and liquidated damages Urban Development c the Secretary of Labor shall direct as a as provided in the clause set forth in subparagraph (2) of this means of enforcing such provisions. paragraph. Previous edition is obsolete form HUD-4010(07/2003) ref. Handbook 1344. Vrrr+ 4of4 Page 7 of 42 a CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS l as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS: President Vice-President Secretary/ Treasurer Signature,Prime Contractor Title (Owner or President) Date Page 8 of 42 I a SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? [ ]Yes [ ] No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Portion of Bid Amount to be If so, what Minority? performed by Contractor Female owned/controlled? [ ] Yes [ ] No SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ 1 Yes f 1 No ------------------------------------------------------------------------------------------------------------------------------------------------ 2) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ) Yes [ ] No �+ Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] N 1 of 2 Page 9 of 42 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued) 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? f ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code ° 'low $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ j Yes [ ] No 8) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 9) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code vow $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes ( ] No 2of2 Page 10 of 42 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Address & Zip Code 1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes ❑ No ❑ 2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http://Www.eeoc.govleeolsurveylindex.htm. 1. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes ❑ No ❑ None required ❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Page 11 of 42 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor: Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit � compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: ROW Address &Zip Code: 1.13idder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes ❑ No ❑ 2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http.*Ilwww.eeoc.govleeolsurveylindex.html. 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes ❑ No ❑ None required ❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) (W Signature Date • NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS. Page 12 of 42 i Contracts over 100 000 Section 3 Report C � , Project Name/Number: Prime Contractor Name/Address/Phone Number: Please check the contract type: Construction Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the County of San Bernardino is directed to award a portion of all construction contracts of$100,000 or more, on projects funded by the Department of Housing and Urban Development (HUD), to Section 3 businesses. A Section 3 business: 1) is at least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons,or 3) subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over $100,000 must show a good faith effort to become a Section 3 business. The prime contractor must complete the following. Numbers should reflect information from the prime contractor and all subcontractors working on the project. Job Category #of new hires #new hires that %of total staff % of staff hours #of low-income for the project are low-income hours worked by worked by low- employees and new hires who are income employees trainees low-income and trainees (includin new hires) -viofessionals Technicians Office/Clerical Construction By Trade (List): 1. Trade 2. Trade 3. Trade 4. Trade 5. Trade 6. Trade 7. Trade Other(List) Please check one of the following: ❑ I am a Section 3 business ❑ I am not a Section 3 business ❑ I am working towards becoming a Section 3 business If you checked the 3`d box above,please check efforts made to become a Section 3 business: ❑ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the NAW.- project site, contacts with community organizations and public or private agencies. ❑ Participated in a HUD program,which promotes the training and employment of low-income residents ❑ Participated in a HUD program which promotes the award of contracts to Section 3 businesses ❑ Coordinated with HUD Youth Build programs ❑ Other efforts made (describe): Pane 13 of 49 "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects. This clause applies to construction contracts of$100,000 or more, on projects funded with $200,000 or more in federal funds from the U.S. Department of Housing and Urban Development. Assurance of compliance with regulations. (A) Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and 'any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause): a. 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 as is subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these Mr A requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135 Page 14 of 42 Insert Davis-Bacon Wage Determination Page 15 of 42 i AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS Page 1 of 4 Page 16 of 42 AFFIRMATIVE ACTION COMPLIANCE States, State of California and County of San Bernardino. GUIDELINES FOR CONSTRUCTION AND NON- 2. The implementing entity is committed to insuring that there be no discrimination by vendors, CONSTRUCTION CONTRACTORS contractors (including professional services and consultants), lessors, or lessees doing business These Affirmative Action Compliance Guidelines have been with the implementing entity. designed to provide contractors with information necessary to comply with Federal regulations found under Title 40, Part 3. Contractors and subcontractors agree to take 60 of the Code of Federal Regulations . It is the intent of affirmative personnel actions to hire and promote these guidelines to insure that equal opportunity for workers who traditionally have been discriminated employment is practiced by the contractor without regard to against in the job market, including women, race, color, sex, religion, national origin, disability, and minorities, members of certain ethnic and veteran's status. These guidelines provide the minimum religious groups, individuals with disabilities, and information necessary to comply with EEO and affirmative veterans. action requirements, including the preparation of an Affirmative Action Plan that complies with Federal B. Affirmative Action Step Requirements for regulations regarding Affirmative Action for federally-assisted CONSTRUCTION Contractors and Subcontractors: projects. Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal 1. Personnel affirmative action in recruitment, hiring, Contract Compliance Programs (OFCCP) officer for any and promotion is required by contractor and necessary technical assistance in meeting Affirmative Action subcontractors who have entered into a federally- requirements if they are considering bidding under this assisted construction or non-construction contract contract. that exceed $10,000 or $10,000 in the aggregate over a 12-month period. I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM 2. Contractors and subcontractors who enter into a A. The Affirmative Action program embodies the CONSTRUCTION CONTRACT in excess of following principals: $10,000 must take 16 specific affirmative action steps to ensure equal employment opportunity. 1. Discrimination because of race, color, age, sex, These steps are included in 41 CFR 60-4.3 (a) (7) religion, national origin, marital status, disability, and are also included under "Standard Federal or veteran's status is inconsistent with the Equal Employment Opportunity Construction constitution, laws, and policies of the United Contract Specifications" of Attachment "D" of the bid package. C. Affirmative Action Plan requirements for 6. Specific contracts and facilities found NONCONSTRUCTION Contractors: exempt by 7. Deputy Assistant Secretary 1. All contractors who have entered into a NONCONSTRUCTION CONTRACT and who: 1) 8. National security contracts do business in the amount of $50,000 or more Any contractor who feels qualified for an exemption with the implementing entity in any one fiscal should contact the local Contract Compliance Officer year and, 2)employ fifty(50)or more employees, or the U.S. Department of Labor's OFCCP Officer for must develop a written Affirmative Action further information. Program within 120 days after the contract award date. Il. SATISFYING AFFIRMATIVE ACTION PLAN 2. All subcontractors rendering services or supplies A. Affirmative Action Plan requirements for to a contractor in the amount of $50,000.00 or NONCONSTRUCTION contractors can be met more and employ fifty (50) or more employees, through the following: must develop a written Affirmative Action Program within 120 days after the contract award 1. Completing a Contract Compliance Qualifying date. Report for Non-construction Contractors and Vendors, (refer to the form found in the D. Exemptions under 41 CFR 60: "Additional Required Documents/ Sample The following persons/contracts shall be exempt from Documents" section of Attachment "D" of the bid this program: package). 1. A contract or contracts by a contractor that 2. Completing a contractor's Affirmative Action Policy, including methods of recruiting minorities do not exceed $10,000 in the aggregate over a and women. If the contractor does not have its 12-month period. own Affirmative Action Policy, it may adopt the 2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to States the form found in the "Additional Required Documents/ Sample Documents" section of 3. State and Local Governments Attachment"D"of the bid package). 4. Contracts with certain educational 3. Following Federal Affirmative Action Plan institutions guidelines which comply with the requirements of 5. Work on or near Indian Reservations 41 CFR 60.2.10 Page 2 of 4 Page 17 of 42 ' K. "Employer Identification Number" means the Federal Social Security Number; DEFINITIONS L. "Handicapped Status"means any person who: Unless a provision of a contract otherwise requires, 1. Has a physical or mental impairment, which certain words and phrases shall be defined as follows: substantially limits one or more of such person's major life activities. A. "Affirmative Action" is a commitment to increase the number of minorities and women in the work force by 2. Has a record or such impairment or, setting employment goals and timetables, including action to achieve objectives. Affirmative Action 3. Is generally regarded as having such an seeks to ensure that discrimination is impairment. eliminated in dealings with employees or applicants for employment whether the discrimination is Ni. "Implementing Entity" means public jurisdiction who is intentional or unintentional. In addition, Affirmative administering the contract. Action seeks to improve job standards and productivity through the removal of artificial and N. "Minority" includes: unnecessary barriers to employment and promotion and ensure that all job actions are related to job 1. Black (all persons having origins in any Black performance measures. African racial groups not of Hispanic origin); B. "Affirmative Action Plan" is a written affirmative plan 2. Hispanic (all persons of Mexican, Puerto Rican, required of contractors and subcontractors who have Cuban, Central or South American or other 50 or more employees and have entered into a Spanish Culture or origin, regardless of race); contract with the implementing entity that exceeds $50,000, or $50,000 in contracts over a 12-month period. 3. Asian or Pacific Islander (all persons having origins in any of the original peoples of the Far C. "Contract" means a federally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or offer and acceptance, lease, agreement or other the Pacific Islands); arrangement creating an obligation to which the implementing entity is a party, which would make one 4. American India or Alaskan native (all persons of the parties within the definition a contractor. having origins in any of the native peoples of North America and maintaining identifiable tribal D. "Construction" means the construction, rehabilitation, affiliations through membership and participation alteration, conversion, extension, demolition or repair in community identification). airr of buildings, highways or other changes or improvements to real property, including facilities O. "Non-construction Contract" means any contract that providing utility services. does not fall within the definition of "Construction Contract". E. "Contractor" means a prime contractor or subcontractor. P. "Officer" means the Contract Compliance Officer of the implementing entity or U.S. Department of Labor F. "Covered Area" means the geographical area Office of Federal Contract Compliance Program described in the solicitation from which the contract (OFCCP)Officer. resulted; O. "Persons" means any individual, firm, co-partnership, G. "Director" means Director, OFCCP, U.S> Dept. of public service, joint venture, association, social club, Labor, or any person to whom the Director delegates fraternal organization, corporation, estate, trust authority to; receiver, syndicate CITY, county, municipal corporation, district or other political subdivision, or H. "Employee" means one who performs work for any other group or combination acting as a unit. compensation, or a person who is permanently or regularly employed by the contractor or R. "Underutilization" means having fewer minorities or subcontractor. women in a particular job classification than would reasonably be expected by their availability. 1. "Employer Identification Number" means the Federal Social Security Number; S. "Vietnam-Era Veteran" means a person who: J. "Handicapped Status"means any person who: 1. Served on actual duty for a period of more than 1. Has a physical or mental impairment, which 180 days, any part of which occurred between substantially limits one or more of such person's August 5, 1964, and May 7, 1975, and was major life activities. discharged or released therefrom with other than a dishonorable discharge;or 2. Has a record or such impairment or, 2. Was discharged or released from active duty for a 3. Is generally regarded as having such an service - connected disability if any part of such impairment. active duty was performed between August 5, 1964, and May 7, 1975, Page 3 of 4 Page 18 of 42 T. Violation and Appeal Procedure. 1. Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant 1. A contractor found in violation of equal thereto) identified herein. Such compliance is required opportunity/ affirmative action laws will shall be to the extent such laws, programs and their regulations referred to the U.S. Department of Labor's are, by their own terms, applicable to this contract. OFCCP Division, and the Solicitor for Labor, Contractor warrants that he will make himself thoroughly Associate Solicitor of Labor Relations and Civil familiar with the applicable provisions of said laws, Rights Regional Solicitors and Regional Attorney programs, and regulations prior to commencing are authorized to institute enforcement performance of the contract. Copies of said iaws, proceedings by filing a compliant and serving that programs, and regulations are available upon request compliant to the contractor (defendant), in from the implementing entity's Contract Compliance accordance with procedures set forth in 41 CFR Officer, or from the U.S. Department of Labor's OFCCP 60-30.5. The complaint shall contain information Officer to the extent applicable the provisions of said on the alleged violation, a prayer regarding the 1< vs programs and regulations are deemed to be a part relief being sought, and the name and address of o; this contract as if fully set forth herein. the attorney representing the Government. Within 20 days after receiving the complaint, the 2. Vietnam Era Veterans' Readjustment Assistance Acts of defendant shall file an answer with the Chief 1972 and 1974, as amended. Pub. L. 92-540, Title V, Administrative Law Judge, if the case has not Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38 been assigned to an Administrative Law judge. USCA 2011-2013). 2. The answer shall contain a statement of the facts, 3. Rehabilitation act of 1973, as amended (Handicapped) which constitute the ground of defense, and shall: Pub. 193-112 as amended. (29 USCA 701-794). 1) specifically admit, explain, or deny, each of the allegations of the complaint unless the defendant 4. California Fair Employment Practice Act. Labor Code is without knowledge, or 2) state that the Sec. 1410 et seq. defendant admits all the allegations contained it the complaint. The answer may contain a waiver 5. Civil Rights Act of 1964, as amended (42 USCA 2000a for a hearing and if not, a separate paragraph in to 2000H-6) and Executive Order No. 11246, September the answer shall request a hearing. The answer 24, 1965, as amended. shall contain the name and address of the defendant, or of the attorney representing the defendant. Failure to file an answer or plead specifically to an allegation of the complaint shall constitute an admission of such allegation. Page 4 of 4 Page 19 of 42 I EQUAL OPPORTUNITY CLAUSES (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract The contractor and subcontractors not found exempt under may be canceled, terminated or suspended in whole 41 CFR 60-1.5, are required to comply with the following or in part, and the Contractor may be declared equal opportunity clauses as a condition of being awarded a ineligible for further Government contracts in federally-assisted contract. Each nonexempt prime accordance with procedures authorized in Executive contractor shall include equal employment opportunity Order 11246 of September 24, 1965, and such other clauses in each of its nonexempt subcontractors. sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY- 1965, or by rule, regulation or order of the Secretary ASSISTED CONSTRUCTION CONTRACTS of Labor, or as otherwise provided by law. This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include the provisions of September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) in every subcontract or Rights Act of 1964, and is applicable pursuant to 41 C.F.R. purchase order unless exempted by rules, regulations Sec. 60-1.4. The following requirements apply to contractors or orders of the Secretary of Labor issued pursuant to and subcontractors Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon (1) The Contractor will not discriminate against any each subcontractor or vendor. The Contractor will employee or applicant for employment because of take such action with respect to any subcontract or race, color, religion, sex, or national origin. The purchase order as the contracting agency may direct Contractor will take affirmative action to ensure that as a means of enforcing such provisions, including applicants are employed, and that employees are sanctions for noncompliance: Provided, however, treated during employment without regard to their that in the event the Contractor becomes involved in, race, color, religion, sex, national origin. Such action or is threatened with, litigation with a subcontractor or shall include, but not be limited to the following: vendor as a result of such direction by the contracting Employment, upgrading, demotion, or transfer; agency, the Contractor may request the United States recruitment or recruitment advertising; layoff or to enter into such litigation to protect the interests of termination; rates of pay or other forms of the United states. compensation; and selection for training, including apprenticeship. The Contractor agrees to post in The applicant further agrees that it will be bound by conspicuous places, available to employees and the above equal opportunity clause with respect to its applicants for employment, notices to be provided by own employment practices when it participates in the contracting officer setting forth the provisions of federally assisted construction work; provided, that if this nondiscrimination clause. the applicant so participating is a State or local government, the above equal opportunity clause is (2) The Contractor will, in all solicitations or not applicable to any agency, instrumentality or advertisements for employees placed by or on behalf subdivision of such government which does not of the Contractor, state that all qualified applicants will participate in work on or under the contract. receive consideration for employment without regard to race, color, religion, sex, or national origin. The applicant agrees that it will assist and cooperate actively with the administering agency and the (3) The Contractor will send to each labor union or Secretary of Labor in obtaining the compliance of representative of workers with which he has a contractors and subcontractors with the equal collective bargaining agreement or other contract or opportunity clause and the rules, regulations, and understanding, a notice to be provided by the agency relevant orders of the Secretary of Labor, that it will contracting officer, advising the labor union or furnish the administering agency and the Secretary of workers' representative of the Contractor's Labor in obtaining the compliance of contractors and commitments under Section 202 of Executive Order subcontractors with the equal opportunity clause 11246 of September 24, 1965, and shall post copies and the rules, regulations, and relevant orders of of the notice in conspicuous places available to the Secretary of Labor, that it will furnish the employees and applicants for employment. administering agency and the Secretary of Labor such information as they may require for the supervision of (4) The contractor will comply with all provisions of such compliance, and that it will otherwise assist the Executive Order 11246 of September 24, 1965. and administering agency in the discharge of the agency's of the rules, regulations, and relevant orders of the primary responsibility for securing compliance. 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, pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders Page 1 of 8 Page 20 of 42 • The applicant further agrees that it will refrain from listed at an appropriate local office of the State entering into any contract or contract modification employment service system wherein the opening subject to Executive Order 1124 of September 24, occurs. The Contractor further agrees to provide 1965, with a contractor debarred from, or who has such reports to such local office regarding not demonstrated eligibility for Government employment openings and hires as may be contracts and federally assisted construction required. contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation (3) Listings of employment openings with the of the equal opportunity clause as may be imposed employment service system pursuant to this clause upon contractors and subcontractors by the shall be made at least concurrently with the use of administering agency or the Secretary of Labor any other recruitment source or effort and shall pursuant to Part II, Subpart D of the Executive involve the normal obligations which attach to the Order. In addition, the applicant agrees that if it placing of a bona fide job order, including the fails or refuses to comply with these undertakings, acceptance of referrals of veterans and non- the administering agency may take any or all of the veterans. The listing of employment openings does following actions: Cancel, terminate, or suspend in not require the hiring of any particular job applicant whole or in part this grant(contract, loan, insurance, or from any particular group of job applicants, and guarantee), refrain from extending any further nothing herein is intended to relieve the Contractor assistance to the applicant under the program with from any requirements in Executive Orders or respect to which the failure or refund occurred until regulations regarding nondiscrimination in satisfactory assurances of future compliance has employment. been received from such applicant, and refer the case to the Department of Justice for appropriate (4) The reports required by paragraph (2) of this clause legal proceedings. shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the In addition to the above, Contractor will agree to appropriate local office or,where the Contractor has furnish all information and reports, including more than one hiring location in a State, with the Standard form EEO-1, if applicable, to the U.S. central office of that State employment service. Equal Employment Opportunity Commission Such reports shall indicate for each hiring location, (EEOC) and the U.S. Department of Labor's (a) the number of individuals hired during the OFCCP, as required by Executive Order No. 11246 reporting period, (b) the number of non-disabled of September 24, 1965. veterans of the Vietnam Era hired, (c) the number of disabled veterans of the Vietnam Era hired, and EQUAL OPPORTUNITY CLAUSE FOR (d) the total number of disable veterans hired. The reports shall include covered veterans hired for on- SPECIAL DISABLED VETERANS the-job training under 38 USC Sec. 1787. The AND VETERANS OF THE VIETNAM ERA Contractor shall submit a report within thirty (30) days after the end of each reporting period wherein This clause is inserted pursuant to Executive Order 11701 of any performance is made on this contract January 24, 1973 and the Vietnam Era Veterans identifying data for each hiring location. The Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- Contractor shall maintain at each hiring location, 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- copies of the reports submitted until the expiration 250. of one year after final payment under the contract, during which time these reports and related (1) The Contractor will not discriminate against any documentation shall be made available, upon employee or applicant for employment because he request, for examination by any authorized or she is a disabled veteran or veteran of the representatives of the contracting officer or of the Vietnam Era in regard to any position for which the Secretary of Labor. Documentation would include employee or applicant for employment is qualified. personnel records respecting job openings, The Contractor agrees to take affirmative action to recruitment and placement. employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the (5) Whenever the Contractor becomes contractually Vietnam Era without discrimination based upon bound to the listing provisions of this clause, it shall their disability or veterans status in all employment advise the employment service system in each practices such as the following: employment, State where it has establishments of the name and upgrading, demotion or transfer, recruitment, location of each hiring location in the State. As long advertising, layoff or termination, rates of pay or as the Contractor is contractually bound to these other forms of compensation, and selection for provisions and has so advised the State system, training, including apprenticeship. there is no need to advise the State system of subsequent contracts. The Contractor may advise (2) The Contractor agrees that all suitable employment the State system when it is no longer bound by this openings of the Contractor which exist at the time of contract clause. the execution of this contract and those which occur during the performance of this contract, including (6) This clause does not apply to the listing of those not generated by this contract and including employment openings, which occur and are filled those occurring at an establishment of the outside of the 50 States, the District of Columbia, Contractor other than the one wherein the contract Puerto Rico, Guam and the Virgin Islands. is being performed but excluding those of independently operated corporate affiliates, shall be Page 2 of 8 Paae 21 of 42 I (7) The provisions of paragraphs (2), (3), (4) and (5) of (9) The Contractor agrees to comply with the rules, this clause do not apply to openings which the regulations and relevant orders of the Secretary of Contractor proposes to fill from within his own Labor issued pursuant to the Act. organization or to fill pursuant to a customary and traditional employer - union hiring arrangement. (10) In the event of the Contractor's noncompliance with This exclusion does not apply to a particular the requirements of this clause, actions for opening once an employer decides to consider noncompliance may be taken in accordance with applicants outside of his own organization or the rules, regulations and relevant orders of the employer-union arrangement for that opening. Secretary of Labor issued pursuant to the Act. (8) As used in this clause: (11) The Contractor agrees to post in conspicuous places, available to employees and applicants for a. "All suitable employment openings" includes, but is employment, notices in a form to be prescribed by not limited to, openings which occur in the following the Director, provided by or through the contracting job categories: production and non-production; officer. Such notices shall state the Contractor's plant and office; laborers and mechanics; obligation under the law to take affirmative action to supervisory and non-supervisory; technical; and employ and advance in employment qualified executive, administrative and professional openings disabled veterans and veterans of the Vietnam Era as are compensated on a salary basis of less than for employment, and the rights of applicants and $25,000 per year. The term includes full-time employees. employment, temporary employment of more than three (3) days duration, and part-time employment. (12) The Contractor will notify each labor union or It does not include openings which the Contractor representative of workers with which it has a proposes to fill from within his own organization or collective bargaining agreement or other contract to fill pursuant to a customary and traditional understanding, that the Contractor is bound by the employer - union hiring arrangement nor openings terms of the Vietnam Era Veterans' Readjustment in an educational institution which are restricted to Assistance Act, and is committed to take affirmative students of that institution. Under most compelling action to employ and advance in employment circumstances an employment opening may not be qualified disabled veterans and veterans of the suitable for listing, including such situations where Vietnam Era. the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary (13) The Contractor will include the provisions of this to national security, or where the requirement of clause in every subcontract or purchase order of listing would otherwise not be for the best interest of $10,000 or more unless exempted by rules, the Government. regulations or orders of the Secretary issued b."Appropriate office of the State employment service pursuant to the Act, so that such provisions will be system" means the local office of the Federal - binding upon each subcontractor or vendor. The State national system of public employment offices Contractor will take such action with respect to any with assigned responsibility for serving the area subcontract or purchase order as the Director of the where the employment opening is to be filled, Office of Federal Contract Compliance Programs including the District of Colombia, Guam, Puerto may direct to enforce such provisions, including Rico and the Virgin Islands. action for noncompliance. c. "Openings which the Contractor proposes to fill (14) Collective bargaining agreement or other contract from within his own organization" means understanding, that the Contractor is bound by the employment openings for which no consideration terms of the Vietnam Era Veterans' Readjustment will be given to persons outside the Contractor's Assistance Act, and is committed to take affirmative organization (including any affiliates, subsidiaries action to employ and advance in employment and the parent companies) and includes any qualified disabled veterans and veterans of the openings which the Contractor proposes to fill from Vietnam Era. regularly established"recall" lists. (15) The Contractor will include the provisions of this d. "Openings which the Contractor proposes to fill clause in every subcontract or purchase order of pursuant to a customary nd traditional employer - $10,000 or more unless exempted by rules, ry l regulations or orders of the Secretary issued union hiring arrangement" means employment pursuant to the Act, so that such provisions will be openings which the Contractor proposes to fill from union halls, which is part of the customary and binding upon each subcontractor or vendor. The Contractor will take such action with respect to any traditional hiring relationship which exists between subcontract or purchase order as the Director of the the Contractor and representatives of his Office of Federal Contract Compliance Programs employees. may direct to enforce such provisions, including action for noncompliance Page 3 of 8 Page 22 of 42 AN EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for WORKERS WITH DISABILITIES employment, notices in a form to be prescribed by the Director, provided by or through the contracting This clause is inserted pursuant to the Rehabilitation Act of officer. 1973 (P.L.93-112)and 41 CFR Sec. 60-741-4. (5) Such notices shall state the Contractor's obligation (1) The Contractor will not discriminate against any under the law to take affirmative action to employ employee or applicant for employment because of and advance in employment qualified handicapped physical or mental handicap in regard to any employees and applicants for employment, and the position for which the employee or applicant for rights of applicants and employees. employment is qualified. The Contractor agrees to take affirmative action to employ, advance in (6) The Contractor will notify each labor union or employment and otherwise treat qualified representative of workers with which it has a handicapped individuals without discrimination collective bargaining agreement or other contract based upon their physical or mental handicap in all understanding, that the Contractor is bound by the employment practices such as the following: terms of Section 503 of the Rehabilitation Act of employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to recruitment, advertising, layoff or termination, rates employ and advance in employment physically and of pay or other forms of compensation, and mentally handicapped individuals. selection for training, including apprenticeship. (7) The Contractor will include the provisions of this (2) The Contractor agrees to comply with the rules, clause in every subcontract or purchase order of regulations and relevant orders of the Secretary of $2,500.00 or more unless exempted by rules, Labor issued pursuant to the Act. regulations or orders of the Secretary issued pursuant to Section 503 of the Act, so that such (3) In the event of the Contractor's non-compliance provisions will be binding upon each Subcontractor with the requirements of this clause, actions for or vendor. The Contractor will take such action with noncompliance may be taken in accordance with respect to any subcontract or purchase order as the the rules, regulations and relevant orders of the Director of the Office of Federal Contract Secretary of Labor issued pursuant to the Act. Compliance Programs may direct to enforce such provisions, including action for noncompliance. 4of8 Page 23 of 42 STANDARD FEDERAL EQUAL 2. Whenever the Contractor, or any Subcontractor EMPLOYMENT OPPORTUNITY at any tier, subcontracts a portion of the work involving any construction trade, it shall CONSTRUCTION CONTRACT PROVISIONS physically include in each subcontract in excess (EXECUTIVE ORDER 11246, PURSUANT TO of$10,000 the provisions of these specifications 41 CFR 60-4.3 (a) and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from 1. As used in these specifications: which this contract resulted. a. "Covered area" means the 3 If the Contractor is participating (pursuant to 41 geographical area described in the CFR 60-4.5) in a Hometown Plan approved by solicitation from which this contract the U.S. Department of Labor in the covered resulted; area either individually or through an b. "Director" means Director, Office of association, its affirmative action obligations on Federal Contract Compliance all work in the Plan area (including goals and Programs, United States Department timetables) shall be in accordance with the plan of Labor, or any person to whom the for those trades which have unions participating in the Plan. Contractors must be able to Director delegates authority; demonstrate their participation in and C. "Employer identification number' compliance with the provisions of any such means the Federal Social Security Hometown Plan. Each Contractor or number used on the Employer's Subcontractor participating in an approved Plan Quarter Federal Tax Return. U.S. is individually required to comply with its Treasury Department form 941. obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has d. "Minority" includes: employees. The overall good faith performance (i) Black (all persons having by other Contractors or Subcontractors toward a origins in any of the Black goal in an approved Plan does not excuse any African racial groups not of covered Contractor's or Subcontractor's failure Hispanic origin): to take good faith efforts to achieve Plan goals and timetables. (ii) Hispanic (all persons of 4. The Contractor shall implement the specific Mexican, Puerto Rican, affirmative action standards provided in Cuban, Central or South paragraphs 7a through p of these specifications. American or other Spanish The goals set forth in the solicitation from which Culture or origin, regardless of the contract resulted are expressed as race); percentages of the total hours of employment (iii) Asian and Pacific Islander (all and training of minority and female utilization persons having origins in any the Contractor should reasonable the able to of the original peoples of the achieve in each construction trade in which it Far East, Southeast Asia, the has employees in the covered area. Covered Indian Subcontinent, or the Construction contractors performing Pacific Islands); and construction work in geographical areas where they do not have a Federal or federally assisted (iv) American Indian or Alaskan construction contract shall apply the Native (all persons minority and female goals established for the having origins in any of the geographical area where the work is being original peoples of North performed. Goals are published periodically in America and maintaining the FEDERAL REGISTER in notice form, and identifiable tribal affiliations such notices may be obtained from any Office of through membership and Federal contract Compliance Programs Office or participation or community from Federal procurement contracting officers. identification). The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. IL j 5 of 8 Page 24 of 42 5. Neither the provisions of any collective t:, each such individual. If suc) bargaining agreement, nor the failure by a union individual was sent to the union hiring with whom the Contractor has a collective hall for referral and was not referred bargaining agreement, to refer either minorities back to the Contractor by the union or, or women shall excuse the Contractor's if referred, not employed by the obligations under these specifications, Contractor, this shall be documented in Executive Order 11246, or the regulations the file with the reason therefore, along promulgated pursuant thereto. with whatever additional actions the Contractor may have taken. 6. In order for the nonworking training hours of apprentices and trainees to be counted in d. Provide immediate written notification meeting the goals, such apprentices and to the Director when the union or trainees must be employed by the Contractor unions bargaining agreement has not during the training period and the Contractor referred to the Contractor a minority must have made commitment to employ the person or woman sent by the apprentices and trainees at the completion of Contractor, or when the Contractor has their training, subject to the availability of other information that the union referral employment opportunities. Trainees must be process has impeded the Contractor's trained pursuant to training programs approved efforts to meet its obligations. by the U.S. Department of Labor. e. Develop on-the-job training 7. The Contractor shall take specific affirmative opportunities and/or participate in actions to ensure equal employment training programs for the area, which opportunity. The evaluation of the Contractor's expressly include minorities and compliance with these specifications shall be women, including upgrading programs based upon its effort to achieve maximum and apprenticeship and trainee results from its actions. The Contractor shall programs relevant to the Contractor's document these efforts fully, and shall employment needs, especially those implement affirmative action steps at least as programs funded or approved by the extensive as the follow sixteen (16)steps: Department of Labor. The Contractor shall provide notice of these programs a. Ensure and maintain a working to the sources compiled under 7b environment free of harassment, above. intimidation, and coercion at all sites, and in all facilities at which the f. Disseminate the Contractor's EEO Contractor's employees are assigned policy by providing notice of the policy to work. The Contractor shall to unions and training programs and specifically ensure that all foremen, requesting their cooperation in superintendents, and other on-site assisting the Contractor in meeting its supervisory personnel are aware of EEO obligations by including it in any and carry out the Contractor's policy manual and collective bargaining obligation to maintain such a working agreement; by publizing it in the environment, with specific attention to company newspaper, annual report, minority or female individuals working etc.; by specific review of the policy at such sites or in such facilities. with all management personnel and with all minority and female employees b. Establish and maintain a current list of at least once a year; and by posting the minority and female recruitment company EEO policy on bulletin boards sources, provide written notification to accessible to all employees t each minority and female recruitment location where constructi8n work is sources and to community performed. organizations when the Contractor or its unions have employment 9- Review, at least annually, the opportunities available, and maintain a company's EEO policy and affirmative record of the organizations' responses. action obligations under these specifications with all employees C. Maintain a current file of the names, having any responsibility for hiring, addresses and telephone numbers of assignment, layoff, termination or other each minority and female off-the-street employment decisions including applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect 6 of 8 Page 25 of 42 h. specific review of these items with Contractor's obligations under these onsite supervisory personnel such as specifications are being carried out. Superintendents, General Foremen, etc., prior to the initiation of o. Ensure that all facilities and company construction work at any job site. A activities are nonsegregated except written record shall be made and that separate or single-user toilet and maintained identifying the item and necessary changing facilities shall be place of these meetings, persons provided to assure privacy between the attending, subject matter discussed, sexes. and disposition of the subject manner. P. Document and maintain a record of all i. Disseminate the Contractor's EEO solicitations of offers for subcontracts policy externally by including it in any from minority and female construction advertising in the news media, contractors and suppliers, including specifically including minority and circulation of solicitations to minority female news media, and providing and female contractor associations and written notification to and discussing other business associations. the contractor's EEO policy with other Contractors and Subcontractors with q• Conduct a review, at least annually, of whom the contractor does or all supervisors; adherence to and anticipates doing business. performance under the Contractor's EEO policies and affirmative action Direct its recruitment efforts, both oral obligations. and written, to minority, female and community organizations, to schools 8• Contractors are encouraged to participate in with minority and female students and voluntary associations, which assist in fulfilling to minority and female recruitment and one or more of their affirmative action training organizations serving the obligations (7a — P). The efforts of a contractor Contractor's recruitment source, the association, joint contractor-union, contractor- Contractor shall send written community or other similar group of which the notification to organizations such as contractor is a member and participant may be the above, describing the openings, asserted as fulfilling any one or more of its screening procedures, and tests to be obligations provided that the contractor actively used in the selection process. participates in the group, makes every effort to assure that the group has a positive impact on k. Encourage present minority and female the employment of minorities and women in the employees to recruit other minority industry, ensures that the concrete benefits of persons and women and, where the program are reflected in the Contractor's reasonable, provide after school, minority and female workforce participation summer and vacation employment to makes a good faith effort to meet its individual minority and female youth both on the goals and timetables, and can provide access to site and in other areas of a documentation which demonstrates the Contractor's work force. effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, I. Validate all tests and other selection is the contractor's and failure of such a group to requirements where there is an fulfill an obligation shall not be a defense for the obligation to do so under 41 CFR Part Contractor's noncompliance. 60-3. 9. A single goal for minorities and a separate M. Conduct, at least annually, an single goal for women have been established. inventory and evaluation at least of all The Contractor, however, is required to provide minor8ty and female personnel for equal employment opportunity and to take promotional opportunities and affirmative action for all minority groups, both encourage these employees to seek or male and female, and all women, both minority to prepare for, through appropriate and non-minority. Consequently, the Contractor training, etc., such opportunities. may be in violation of the executive Order if a particular group is employed in a substantially n. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the 7of8 Page 26 of 42 i disparate manner(for example,even though the shall at lease include for each employee the Contractor has achieved its goals for women name, address, telephone numbers, generally, the Contractor may be in violation of construction trade, union affiliation if any, the Executive Order if a specific minority group employee identification number when assigned, of women is underutilized). social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer) 10. The Contractor shall not use the goals and dates of changes in status, hours worked per timetables or affirmative action standards to week in the indicated trade, rate of pay, and discriminate against any person because of locations at which the work was performed. race, color, religion, sex, or national origin. Records shall be maintained in an easily understandable and retrievable form; however, 11. The Contractor shall not enter into any to the degree that existing records satisfy this Subcontract with any person or firm debarred requirement, contractors shall not be required to from Government contracts pursuant to maintain separate records. Executive Order 11246. 15. Nothing herein provided shall be construed as a 12. The Contractor shall carry out such limitation upon the application of other laws sanctions and penalties for violation of these which establish different standards of specifications and of the Equal Opportunity compliance or upon the application of Clause, including suspension, termination and requirements for the hiring of local or other area cancellation of existing subcontracts as may be residents (e.g. those under the Public Works imposed or ordered pursuant to Executive Order Employment Act of 1977 and the Community 11246, as amended, and its implementing Development Block Grant Program). regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails a) The notice set forth in 41 CFR 60-4.2 and to carry out such sanctions and penalties shall the specifications set forth in 41 CFR 60-4.3 be in violation of these specifications and replace the New Form for Federal Equal Executive Order 11246, as amended. Employment Opportunity Bid conditions for Federal and federally Assisted Construction 13. The Contractor, in fulfilling its obligations under published at 41 CFR 32482 and commonly these specifications, shall implement specific known as the Model Federal EEO Bid affirmative action steps, at least as extensive as Conditions, and the New Form shall not be those standards prescribed in paragraph 7 of used after the regulations in 41 CFR Part these specifications, so as to achieve maximum 60-4 become effective. results from its efforts to ensure equal employment opportunity. If the Contractor fails Minority Goals to comply with the requirements of the Executive Order, the implementing regulations, The goal for the utilization of women employees on o or these specifications, the director shall federally-assisted construction contracts is set at 6.9/o. proceed in accordance with 41 CRF 60-4.6. The goal for utilization of minorities, based on the 14. The Contractor shall designate a responsible Standard metropolitan Statistical Area (SMSA)for official to monitor all employment related activity Riverside/San Bernardino County is 19%. to ensure that the company EEO policy is being carried out, to submit reports relating to the For additional information on these goals, please contact provisions hereof as may be required by the the OFCCP-Pacific Region at(415)848 6969. Government and to keep records. Records 8 of 8 Page 27 of 42 CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000.00) During the performance of this Contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Page 28 of 42 ADDITIONAL REQUIRED DOCUMENTS AND SAMPLE DOCUMENTS Page 29 of 42 *Complete if person other than owner is signing certified payroll/compliance documentation. CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: PROJECT NUMBER: This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly, certified payroll reports for this project: Payroll Officer (Name) IF I Payroll Officer (Signature) (Contractor/Subcontractor) by (Signature) (Title) (Date) (Contractor/Subcontractor License No.) Page 30 of 42 i I i f a� 0 (D z � O IL Z } O U � Q. o H a) E c � W o c� ca z co L o E W V n n ca V) - a W o 0 0 - Q z Q c c o a) a_ Q- J Z O Q -C o M L) I 0- a� O J � a m a o m L > o z Q o cu a o LL z F, E o � QU Q Y E E o U * � O O Q) cp N Q) W U Y U \ Q \ (D ` Q W c s co T W CD a) _0 (D a Q) •_ «- O Q U CD M 'U (0 '� M C 'U U O (� O •O C O D O C N U U U L O N N U O m O N ca U O O Uti T-LL = a_ > Q 2 > Q O J CL a Y N W W V zQaa 3 O j LL V N ado OwF a � cc cr - W c m o 0 z r U Q O K N N � Z z O O F- U °?U O p U O � W N O G U _zX F❑Q S Q LL N Z❑ C O W V CJ z W Q o a I v �o O U LL O C ° O zQ U N N N J V Q ❑ w O _ W Q a �i Q Q Q a D cu n a o a � ❑ w N z ❑ Q Y O > fL � ° 3 m C N O a U o_ o I o y O N O N N O N O N O N O N O N O N O N O N O N O Y Q �U OLL o � w O Y 3 a 0 a � o -2o3x w 0 O co U Q D K Q a N ❑m wo z� ZZ o Q�w Z G p ¢ vi w w O ^K 20? F'_ ti w x OF- z w WZU O O QNO a (6 a(L9u F- o J zp z o v Q W N OU z a Department of Labor Form Approved Wage and Hour Division Budget Bureau No,44-R 1093 STATEMENT OF COMPLIANCE Date I, ,do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the (Project) ,that during the payroll period commencing on the day of_ 2 ,and ending on the day of ,2 all persons employed on said project have been paid the full weekly wages earned; that no rebates have been or will be made either or indirectly to or on behalf of said from the full weekly wages earned by any person;and(Contractor or Subcontractor) that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act,as amended (48 Stat. 948; 63 Slat. 108; 72 Stat.967; 76 Stat. 357;40 U.S.C.276c),and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic confirm with the work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State wn apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in Section 4(c)below. (c) EXCEPTIONS EXCEPTIONS CRAFT Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the Unites States Code. Form W H-348(1/68)Purchase this form directly from the Supt of Documents Page 33 of 42 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs, or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c) Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. Page 34 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN 1 - INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE QUALIFYING REPORT I. JOB CATEGORY Laborers(Unskilled): Occupations in which a worker performs Data is to be completed for all listed job categories of a variety of manual work in the maintenance, repair or employees. construction of highways,buildings,and other facilities;unskilled Definitions: worker who brings materials to, and does preparation work for, skilled workers in a trade. Administrators: Occupations which require that employees set broad policies, exercise overall responsibility for execution of Service Workers: Occupations in which workers perform duties these policies, direct individual departments or a special phase which result in or contribute to the comfort, convenience, of the contractor's operations, or provide specialized upkeep and care of buildings, facilities or grounds of public consultation on a regional,district or area basis. property. Workers in this category may operate machinery. Includes: directors, deputy directors, department heads Includes: chauffeurs, laundry and dry cleaning operators, truck controllers, foremen supervisors, inspectors, and kindred drivers, bus drivers, garage laborers, custodial persons, workers. gardeners and groundskeepers, refuse collectors, construction laborers. Professional: Occupations which require specialized and theoretical knowledge which is usually acquired through college II. CURRENT WORK FORCE training or through work experience and other training which This category is to establish the contractor's current employee provides comparable knowledge. status. Includes: personnel and labor relations workers, social workers, doctors psychologists, registered nurses, economists, dietitians, A. Total number of employees: The contractor is to fill out the lawyers, system analysis, accountants, engineers, employment total number of persons currently employed in each job and vocational rehabilitation counselors, teachers or instructors, category. and kindred workers. B. Black: The contractor is to place the current number of Technical: Occupations which require a combination of basic Black employees in each box in this column for each job scientific or technical knowledge and manual skill which can be category. obtained through specialized post-secondary school education or through equivalent on-the-job training. C. Hispanic: The contractor is to place the current number of employees of Hispanic origin in each box in this column for Includes: computer programmers and operators, draftsmen, each job category. surveyors, licensed practical nurses, photographers, radio operators,technical illustrators,highway technicians,technicians D. Asian or Pacific Islanders: The contractor is to place (medical, dental, electronic, physical sciences), assessors, current number of employees of Asian or Pacific Island inspectors,and kindred workers. origin in each box in this column for each job category. Sales: Occupations in which the act of selling takes place: E. American Indian or Alaskan Native: The contractor is to exchange of property of any kind, or of services for an agreed place the current number of American Indian or Alaskan sum of money or other valuable consideration. One employed Native employees in each box in this column for each job as a traveling agent or representative to sell goods or services. category. Office and Clerical: Occupations in which workers are F. Total Minority: The number to be placed in each box in the responsible for internal and external communication, recording column can be reached by adding the current number of and retrieval of data and/or information and other paperwork Black, Hispanic, Asian, Pacific Islander, American Indian, required in an office. and Alaskan Native employees written in the four previous Includes: bookkeepers, secretaries, office machine operators, columns. clerk typists, stenographers, statistical clerks, dispatchers, G. Total Females: In each box in this column the contractor payroll clerks, messengers,and kindred workers. shall place the total number of white and minority females Skilled: Occupations in which workers perform jobs which employed in each job category. require special manual skill, a thorough and comprehensive !II. !IINDERUTILIZATION knowledge of the processes involved in the work which is To establish whether under-utilization exists, a contractor must acquired through on-the-job training, experience, through determine whether the "total minority" percentages and "total apprenticeship or other formal training programs. female percentages' in each job classification are lower than Includes: mechanics and repairmen, electricians, heavy would reasonably be expected by their availability. equipment operators, stationary engineers, skilled machinist After making this comparison, the contractor should place a occupations, carpenters, and compositors and typesetters, and check mark in the box that applies ('yes" or "no") for each kindred workers. category. Operative (Semiskilled): Occupations in which workers are IV. ANTICIPATED HIRING partly skilled, or doing manual work that requires only limited The contractor should state the number of employees the training,experience or knowledge. contractor plans to hire both as additional employees and replacements for each job category. Page 35 of 42 w�wwmaan��i t O U f d LL /) 0 W W Z N W - X Q Q W F L2- N y V �- .«mC Q a- < I O Q LL I U 26 N y •� V '00 O F- (� O lL °' td 10 c o°n `° Q Z p a x o ° c y m O "C' -° Q c 2 F- EWw m y N F U O y � R¢ X a• 'G W O W v J Z o 1 . N 0 0 U � � °^ Q N U O Q d > 0n 50 k U- W � U o a J� o o W } W R m o . G o v 0 ro 3 0 0 0 o f °' . F b y b W z t m o 3 y p Q of _ Z_ <n G -° Q m ° c" F o a °' v c a _ } k C, o N w o s o 0 d ° ti '> > d .o o . 00 W co. o � F o w 4) o ,u 00 N 2 P c a 0(-U O O U Z z o w o 0o y N > C F 0 3 ° °' u `° F o N '° G g c 0. .. 0..0 O " N T r3. N �m.. 2 �O d .C 0. -� o c °o F o t0 � .�. 3 � N G o c,-,: m vi F O C N T .- m -0 O �. O m m o U 50 m P ° ° v ° O°4 C N yN R m E ° ° R t0 � a, a._ 5'0X 3 a� N y ^ 5 m o E-. m 0 cd y c U E w o M u Q A .� o t v ou m F y 3 m m Q Na m ° U o a b 0 R- o b b < - p N F . c0 cc o p a •c v " o T U o a 0 Q � U E U vii U N 0 U U ° (� LL ryi U) c W m° J W = M I }O a� J u `9 m a Q j T T W 0 a_ 0 } C8 Z L 3 3 zF� Q ° a d x 0 O a `a Z J _Z Q O O O Q C u C F N W N m m bo U F Q W \ N_ F E u U O d O m C ry m N ° U LL _R E ro 0 LL Q > a U w 3 o Q' W w O w ° a. 0 W u W " ¢ E W } J d U Q ° aoi c d cls 0 4o Q m as a m r° �'T O W F F Q o 0 � CO O T T CL R y y O O O Z Q Fa- N R ~ N M m > E W O N N O F n7 N y y E R E E E T ^ E a) p 3 U ° ° o v o U Q N I C : Q .c o o Q a Z ? ` y Q O O W •'!' m 0. c O O O Y Y J Eo aj O O N b O O T T. F- O vi 16 oo U Q c .c U •� w y v F- U a O 'a a � Y a� U Z Q a F- v) U to O s 2 <n SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS Name of Contractor, Subcontractor or Vendor Adopts this plan to affirm its support of a program of equal employment opportunity, and to assure compliance with Executive Orders 11246 and 11375, Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's Affirmative Action Compliance Program. This contractor (or Subcontractor or Vendor) agrees to assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and the productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This contractor (or Subcontractor or Vendor) further recognizes that the effective application of a policy of equal employment opportunity involves more than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are available on the basis of individual merit, and to encourage advancement on this basis. The following Affirmative Action Program is hereby established as the policy and practices of our company: INSTRUCTIONS: Please answer each question by marking an "X" beside "A", "B", or "C". If "C" is marked, explain reason; use a separate sheet if additional space is needed. 1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry, national origin, marital status or handicap, and will treat all employees equally in respect to compensation and opportunities for advancement, including upgrading and promotion. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 2. Our company will actively use recruitment sources such as employment agencies, unions, and schools that have a policy of referring applicants on a nondiscriminatory basis. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including minority news media, and by notifying and discussing policy with all local minority, handicapped and women's organizations and subcontractors and shall maintain records of the organizations responses. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 37 of 42 ` SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) Our company shall make specific and constant personal. written, and oral recruitment efforts directed at all local minority, handicapped and ,,Alomen's organizaticns, including schools, recruitment and training organizations. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 5. Our company shall make specific efforts to encourage present minority, handicapped and women employees to recruit their friends and relatives who status also comes under that of minority, handicapped or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 6. Our company will maintain a file of the names and addresses of each minority applicant and female applicant referred to the company for hiring, and if the applicant is not considered for employment or was not employed, the company's file should document this and the reason therefore. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 7. Our company shall notify the implementing entity Contract Compliance Officer when the union or unions with whom our company has a collective bargaining agreement have not referred to the company a minority, handicapped, or female worker sent for by the company or the company has other information that the union referral process has impeded the company's effort to meet the established goals of affirmative action. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 8. Our company will actively take steps to integrate any positions, departments or plant location which have no women or minorities or are almost staffed with one particular group. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 9. Our company shall insure that all employee specifications, selection requirements, tests, and other employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 38 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 10. Where reasonable, our company shall develop or finance on-the-job training opportunities and parti ;ipate and assist in any association or employee group training programs relevant to the company's employee needs ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel for promotion opportunities and encourage minority and female employees to see such opportunities. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of compensation and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped, minority or female employees ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 13. Our company will make certain that all facilities normally used concurrently by all company activities are non-segregated. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 14. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action Compliance Plan of the implementing entity, and that all project subcontractors have an approved Affirmative Action Plan. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Expialn "C" 15. Our Company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 39 of 42 • SAMPLE - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 16. Our company shall make every effort to provide after school, summer and vacation employment to minority youths. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 17. Our company shall continually monitor all personnel activities to insure that the implementing entity's Affirmative Action Policy for Contractors and Vendors is carried out. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Date Signature r ✓. Title odftk Page 40 of 42 Record of U.S. Department of Housing OMB Approval No.2501-0009 and Urban Development (exp. 1/31/2000) Employee Interview Office of Labor Relations Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching — xisting data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information, i you are not required to complete this form,unless it displays a currently valid OMB control number. ,pie information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to any individual on whom the information is maintained. Project Number Contractor or Subcontractor(Employer) Project Name 1. Name of Employee 2. Home Address and Zip Code 3a. Last date you worked on project before today 3b.Number of hours worked on project on that date 4. Your hourly pay rate 5. Your job classification(s)(list all)(continue any answers on a separate sheet if necessary) Apprentice? Yes No I 6. Your duties 7. Tools or equipment used 8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No (if overtime premium pay is not required,check"inapplicable") 9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No 10. Duties observed by Interviewer Conform to Classification? Yes No 11. Remarks(Continue on a separate sheet if needed) 12. Signature of Interviewer Date of interview Payroll Examination 13. Remarks(Continue on a separate sheet if needed) 14. Signature of Payroll Examiner Date Previous editions are obsolete form HUD-11(5/93 Page 41 of 42 s CERTIFICATE OF OWNER'S ATTORNEY We, the undersigned, the duly authorized and acting legal representative o4 do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. E s Signed i Date F Paqe 42 of 42 • •_ Exhibit 4 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activity Title:Muscoy: Security Cameras and Case#: 215-32103/3038 Door at Delmann Heights Community Center P.O. Contract#: Vendor ID: Subrecipient Name and Address: Project Effective: City of San Bernardino P.O. Box 1318 Month of: Invoice#: San Bernardino, CA 92418 From: To: MONTHLY REPORT OF GRANT EXPENDITURES AND REQUEST FOR REIMBURSEMENT Col. I Col. 2 Col.3 Col. 4 Col. 5 Col. 6 Proj/Case Grant Amount Current Mo. Cumulative Total Grant Acct. No. Reimb. Prior Reimb Cum. Reimb. Balance I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the CDBG, has not previously been billed for the costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable provisions under the terms of the contract or grant relating to the payment of prevailing salaries and wages have been complied with; and (d) all applicable tax laws are complied with. Prepared By: Approved By: Date: PH.# Audited by: Examined by: Approved by: f Paoe 1 nf 1 • EXHIBIT 5 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Proiect/Activity Title: Muscoy: Security Cameras and Door at Delmann Case Number: 215-32103/3038 Heights Community Center Name/Address of Contractor Agency: Date of Issue: Boys and Girls Club of San Bernardino 1180 West 9`1'Street X Original: Beginning San Bernardino,CA 92411 Amendment# INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit$ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: Per Person$ Per Accident$ Damage Liability $ Combined Single Limit$ ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate S Certificate of Insurance Attached Yes No: On File w/CDH PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence$ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH Paae 1 of 1 h �e 5p _ N 2 INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Councilmember Rikki Van Johnson FROM: Henry Empeiio,Jr., Senior Deputy City Attorney Re: July 16, 2007 Council Meeting (1) Agenda Item No. 14, Resolution authorizing the City Manager to execute a contract with the County of San Bernardino and the Boys and Girls Club of San Bernardino to provide security improvements at the Boys and Girls Club/Delman Heights using County CDGB Funds (Facilities Management) (2) Agenda Item No. 17, Resolution authorizing the City Manager to execute Amendment No. 3 to the Agreement between the City of San Bernardino and the Boys and Girls Club of San Bernardino, Inc., to operate a Community Center located at 2969 North Flores Street, San Bernardino, California and ratifying all action taken between July 1, 2007 and the approval of the Resolution (Parks, Recreation and Community Services). Date: July 12, 2007 cc: Mayor, Councilmembers, City Attorney, City Clerk, City Manager You have asked whether you must abstain on the above-referenced two Agenda Items because you are currently a member of the Board of Directors of the Boys and Girls Club. 'i'he short answer is that although you are not required to abstain by the Political Reform Act in these two matters, unless the Boys and Girls Club is also a source of income or a source of gifts to you above the threshold amounts provided in state law; you are required to abstain on both Agenda Items under Government Code Section 1090. F TMPENO\Misc Memos&L.etters\Memo re Councilmember Rikki Van Johnsonlwpd f��e Ire Page 2 Memo to Councilmember Rikki Van Johnson July 12, 2007 1. Political Reform Act. Under the Political Reform Act, Government Code Section 81000 et seq. (the"Act"), public officials are disqualified from participating in government decisions in which they have a financial interest. To determine whether a conflict of interest exists under the Act, the Fair Political Practices Commission(FPPC) applies an eight-step process. Under Step 1 and Step 2, as a Councilmember, you are a public official making a governmental decision which is governed by the Act (Government Code Section 82048 and Title 2 Cal. Code Regs. Section 18702.1(a)). Step 3 asks whether you have one of the following six qualifying types of economic interests with respect to the Boys and Girls Club. (Government Code Section 87103): 1. Investments in Business Entities 2. Interests in Real Property 3. Source of Income (received by or promised to you and totals $500 or more in the 12 months prior to this Council meeting). 4. Source of Gifts (aggregating $390 or more in the 12 months prior to this Council meeting) 5. Business positions (officer, director, or employee) 6. Personal Finance Effect In the case of each category (except No. 5)the Act specifies the minimum amount of holdings, income or gifts which must exist before a qualifying interest is created. If you do not hold such interests or receive such income or gifts above the stated threshold, then there is no qualifying interest that exists which requires disqualification under the Act. Under Category No. 5, Business Positions, a"Business Entity" is defined in the Act and essentially means an entity or organization that is operated for profit (Government Code Section 82005). Because a business entity does not include a non-profit organization, such as the Boys and Girls Club, your position as a member of their Board of Directors, standing alone, does not create a conflict of interest regarding either of these Agenda Items. On July 10, 2007, 1 spoke to Linda Cassady, Consultant in the FPPC's Technical Assistance Division (916-322-5660), who verbally confirmed the above analysis and conclusions regarding whether you have a conflict of interest in these two matters under the Political Reform Act, given that you are a member of the Board of Directors of the Boys and Girls Club. FAEMPENO Misc Memos&LettersNemo re Councilmember Rikki Van Johnson2.wpd Page 3 Memo to Councilmember Rikki Van Johnson July 12, 2007 2. Government Code Section 1090. A second issue separate and distinct from the Political Reform Act is whether your participation in the Council's decision on these two matters would constitute a violation of Government Code Section 1090, which basically prohibits a public official from being financially interested in a contract in both of your public and private capacities. Both of these Agenda Items request Mayor and Council approval of a contract or the amendment to a contract between the City and the Boys and Girls Club. Government Code Section 1090 states that"city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." You have a financial interest in both of these contracts, by virtue of your position as a member of the Board of Directors of the Boys and Girls Club. But Government Code Section 1091(b)(1) states that an officer or employee of a non-profit corporation has only a remote interest in the contracts, purchases, and sales of that non-profit corporation. This means that the Mayor and Council may nevertheless take action on both of these contracts with the Boys and Girls Club so long as you avoid all participation in the making of the contracts and you disclose your interest and it is noted in the Council meeting's official records. (85 Ops.Cal.Atty.Gen. 176 (2002)) These two pending Agenda Items are different from the June 4, 2007 Council Meeting Agenda Item No. 19, Resolution Authorizing the Execution of an Agreement for Services with and Issuance of a Purchase Order to LeMay Construction Co. for the Boys and Girls Club Racquetball Court Renovations per RFQ F-07-28, for which we provided to you a memo concluding that you were not required to abstain by the Political Reform Act or Government Code Section 1090. The June 4, 2007 Agenda Item requested approval of a contract between the City and LeMay Construction Co. The Boys and Girls Club was not a party to that contract and that contract had no affect on any existing contract between the City and the Boys and Girls Club. Thus, you had no financial interest under Government Code Section 1090 in the June 4, 2007 Agenda Item. On the other hand, these two pending Agenda Items both request Council approval of a contract, or an amendment to a contract, with the Boys and Girls Club. Thus, you have a remote financial interest under Government Code Section 1090, in both of these contracts. This factual difference, that the Boys and Girls Club is a party to these two contracts, distinguishes these two pending Agenda Items from that considered on June 4, 2007. F:TMPENO\Misc Memos&Letters\Memo re Councilmember Rikki Van Johnson2.wpd j 7 I Page 4 Memo to Councilmember Rikki Van Johnson July 12; 2007 A copy of Government Code Sections 1090 and 1091 is attached for your information. In conclusion, although you are not required to abstain on these two Agenda Items under the Political Reform Act, you are required to abstain on both of these Agenda Items under Government Code Section 1090. Please let me know if we can provide any further assistance in this matter. Henry Empeno, Jr. Senior Deputy City Attorney Attachment F:\EMPENO\IvMisc Memos&L etters\Memo re Councilmember RiW Van Johnson2.wpd 1� § 1064 PUBLIC OFFICERS AND EMPLOYEES Title 1 In i'ie case of illness or other urgent necessity, and upon a proper showing I thereof, the time limited for absence from the state may be extended by the 1 governing board of the school district for an additional period not to exceed 30 days. (Added by Stats.1957, c. 2120, p. 3757, § 1, eff. July 10, 1957. Amended by Stats.1984, c. 644, § 1.) Cross References Vacancies on school district governing boards, see Education Code § 5090 et seq. ,t Library References >; 4 Schools 0=55. C.J.S. Schools and School Districts § 119 et r WESTLAW Topic No. 345. seq. r `I i Article 4 PROHIBITIONS APPLICABLE TO SPECIFIED OFFICERS Section ' 1090. Conflicts of interest contracts, sales and purchases. 1090.1. Acceptance of commissions for placement of insurance. I 1091. Remote interest of officer or member. 1091.1. Interest in contracts; subdivided lands. 1091.2. Private industry council contracts or grants. 1091.5. Ownership of corporate shares; reimbursement for expenses; recipient of public services; landlord or tenant contracting with federal or state agen- cies; employment of spouse; officer, director, or employee of bank or savings and loan association. 1092. Avoidance of contracts. 1092.5. Lease, purchase or encumbrance of real property; avoidance. 1093. Warrants and other evidences of indebtedness, private use or benefit. 1094. Accounts; certificate as prerequisite to allowance. 1095. Warrants and other evidences of indebtedness; restrictions on payment. 1096. Accounts; suspension of settlement or payment; prosecutions. 1097. Penalty for violations. 1098. Confidential information; use or disclosure for pecuniary gain; misdemeanor; application. Library References West's California Practice—Defenses in Civil # Actions, chwing, § 37.17. 1' svt rhM Lode, § 1090. Conflicts of interest contracts, sales and purchases Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them r ' in their official capacity. 196 f 3S GENERAL PROXTSIUNS 1 § 1090 Div. 4 'g As used in this article, "district" means any agency of the state formed 1e pursuant to general law or special act, for the local performance of governmen- '„ '0 tal or proprietary functions within limited boundaries. (Stats.1943, c. 134, p. 956, § 1090. Amended by Stats.1951, c. 1553, p. 3535, § 2; 4, Stats.1953, c. 1081, p. 2572, § 1; Stats.1961, c. 381, p. 1435, § 1; Stats.1963, c. 2172, p. 4559, § 1; Stats.1970, c. 447, p. 895, § l.) i T, s Historical and Statutory Notes The 1951 amendment substituted "judicial The 1963 amendment twice inserted "or em- district" for "township". ployees" following "city officers" and inserted Operative date and effect of Stats.1951, c. "financially" preceding "interested''. t 1553, see Historical and Statutory Notes under i Government Code § 1063. The 1970 amendment substituted "district" for "special district"and added the definition of The 1953 amendment added the second sen- tence of the first paragraph relating to purchas- "district." ers or vendors. Derivation: Pol.C. § 920, amended by Stats. The 1961 amendment twice inserted "special 1921, c. 489, p. 743, § 1. district," Cross References i Community college board members, see Education Code § 72533. 4 Execution sales, levying officer ineligible to purchase, see Code of Civil Procedure § 701.610. iImpairment of contracts by legislation prohibited, see Const. Art. 1, § 9. Penalty for violations, see Government Code § 1097. t Public official as officer, employee or stockholder of depositary of public funds, see Financial Code § 860. Public utility district officers, see Public Utilities Code § 16043. San Francisco Bay Area Rapid Transit District officers, see Public Utilities Code § 28816. School board members, see Education Code § 35233. State Board of Equalization, see Government Code § 15625. Superintendent of state printing, see Penal Code §§ 99, 100. l' Traveling expenses, contracts, see Government Code § 1223. Unlawful contracts, see Civil Code § 1667 et seq. Law Review Commentaries Background and general effect of 1961 Interest of public officers in contracts prohib- amendment. (1961) 36 S. Bar J. 749, ited by law. Harold W. Kennedy and John B. i Bond Act financing, Los Angeles sports arena. Beck, 28 S.Cal.L.Rev. 335 (1955). J. W. Beebe, D. R. Hodgman and F. P. Suther- land, 41 S.Ca1.L.Rev. 52 (1967). Making sense out of the California criminal California conflict of interest laws. Dan statute of limitations. Gerald F. Uelmen, 15 Kaufmann and Alan 1. Widiss, 36 S.Cal.L.Rev. Pac.L.J. 35 (1983). y; I 186 (1963). School board members, fiduciary loyalty, see Conflict of interest in public contracts. 44 5 Stan.L.Rev. 61 (Dec. 1952). It Cal.L.Rev. 355 (1956). ,I Library References Counties «122(2). Conflict of interest issue. Report of Assembly Y Mu ntci al Corporations ons c>231(1)States «95, Office of Research 1l. and Assembly Commit- i WESTLAW Topic Nos. 104, 268, 360. tee on Governmental Organization, 1970. C.J.S. Counties §§ 153, 155. Vol. I of Appendix to Journal of the Assem- -' C.J.S. Municipal Corporations § 988 et seq. blY. Reg.Sess., 1970. i C.J.S. States § 156. Conflict of interest problem in placement of Conflict of interest. Reports of Assembly In- insurance by the state. Reports of Assem- j terim Committee on Government Organiza- bly Interim Committee on Finance and In- t( tion, 1961 to 1963, Vol. 12, No. 6 Vol. I of surance, 1955 to 1957, Vol. 15, Nos. 14, 18. Appendix to Journal of the Assembly, Reg. Vol. 3 of Appendix to Journal of the Assem- Sess., 1963. bly, Reg.Sess., 1957. i 197 G .rye I ICI § 5 GOVERNMENT CODE Note to 55 5 GOVERNP (App.2 Dist. . St 99 es G= tr.2d 897,83 Ca1.App.4th 655, ! review denied. Statutes«219(9.1) /''�' Y association v l�'1/�Y Y1>r�1 creditor. § 109L Remote interest of officer or member (11) That firm. This I (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of 1 management which the officer is a member within the meaning of this article if the officer has only a remote interest in (12) That the contract and if the fact of that interest is disclosed to the body or board of which the officer is a contract ent member and noted in its official records, and thereafter the body or board authorizes, approves, or 1437f)as am ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting 1090 became the vote or votes of the officer or member with the remote interest. in a jurisdic (b) As used in this article,"remote interest"means any of the following: previously in (1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section or after Nov 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a non rout corporat on, ex ept as (13) That provided in paragraph(8)of subdivision(a)of Section 1091.5. entity. (14) That (2) That of an employee or agent of the contracting party,if the contracting party has 10 or more other 1 employees and if the officer was an employee or agent of that contracting party for at least three years corporation, prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the corporation. shares of stock of the contracting party; and the employee or agent is not an officer or director of the (c) This s contracting party and did not directly participate in formulating the bid of the contracting party, influence an. For purposes of this paragraph, time of employment with the contracting party by the officer shall be (d) The w counted in computing the three-year period specified in this paragraph even though the contracting party this section has been converted from one form of business organization to a different form rm of business ss or wi a ' thin three organization e ears of the g the contract Y initial talnng of office by the officer. Time of employment in that case shall be � contract was counted only if, after the transfer or change in organization, the real or ultimate ownership of the f contracting party is the same or substantial] similar to that (Stats.1943 Y at which existed > xisted before the transfer in organization. ansfer or chin g tion. For e purposes g . p p of this paragraph,h stockholders, � 2572 2• P gr ckholder , § s , P bondholders,ders artner s or holding an interest m the contracting party are regarded as haulm ' P other persons � § 1; Stats.i the ` the contracting g real or ultimate ownership" of g P Stats.1969,c 3 T 1 tats.] O That of § S an employee or agent of the contracting ontra cttng party,if all of the following conditions are met: § 1; Stats.l (A) The agency of g y which the person is an officer is a local � Stats.1990,c population of less than public agency located in a count with a „ 4000 000. county Stats.1991 < B I The c eff. Sept. 22 ( ) contract is competitively P el bi p bid of for personal services. (S.B.1086), § (C) The employee or agent is not in a primary management capacity with the contracting party,is not an officer or director of the contracting party,and holds no ownership interest in the contracting party. (D) The contracting party has 10 or more of her employees. 1996 Legisi (E) The employee or agent did not directly participate in formulating the bid of the contracting party. The 1996 (F) The contracting party is the lowest responsible bidder. these individu or more in th- (4) That of a parent in the earnings of his or her minor child for personal services. insurance firn „ 5 substituted " OThat of a landlord or tenant of the contracting party.. Section 1091.: (6) That of an attorney of the contracting rt or ownership int gP Y thatofano ' firm that renders or has rendered, weer, officer, employee, or agent of a an officer, di service to the contracting party in the capacity of stockbroker, relationship" insurance agent,insurance broker, real estate agent, or real estate broker, if these individuals have not contract has". i received and will not receive remuneration,consideration,or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock 1998 Legisl brokerage firm,insurance firm,or real estate firm. Stats.1998, (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a (b)(2) "and t) nonprofit corporation formed under the Corporations Code for the sole purpose of engaging shares of sloe merchandising of agricultural products or the supplying of water. in the ee or agent is (8) That of a supplier of goods or services when those goods or services have been supplied to the Party and die contracting party by the officer for at least five years prior to his or her election or a bid of the con appointment to office. 1999 Legis! (9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into u pursuant to the provisions of the California Land Conservation Act of 1965. Stats.1999, (10) Except as provided in subdivision(b)of Section 1091.5,that of a diving an board" for '9 rector of or a person ha ownership interest of 10 percent or more in a bank, bank holding company, or savings and loan Additions or changes indicated by underline; deletions by asterisks y, 64 ",1 I GOVERNMENT CODE '. GOVERNMENT CODE § 1091 association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. (11) That of an engineer,geologist,or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary itract entered into by a body or board of management capacity,and does not apply to an officer or director of a consulting firm. if the officer has only a remote interest in (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment e body or board of which the officer is a contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. ufficient for the authorizes, approves, or 1437f)as amended,provided that the housing assistance payment contract was in existence before Section Purpose without counting 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, est. in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit following: previously under a Section 8 contract. This section applies to any person who became a public official on empt from taxation or after November 1,1986. pursuant to Co r' 3)) or a nonprofit corporation, except as (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. (14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit 1e contracting party has 10 or more other ,ontracting party for at least three years corporation, provided that the ownership of the shares derived from the person's employment with that officer owns less than 3 percent of the corporation. agent not an officer or director of the ling the bid of the contractin (c) This section is not applicable to any officer interested in a contract who influences or attempts to g party, influence another member of the body or board of which he or she is a member to enter into the contract. contracting party by the officer shall be graph even though the contracting (d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to g party i this section is punishable as provided in Section 1097. That violation does not void the contract unless different form of business organization I the contracting party had knowledge of the fact of the remote interest of the officer at the time the 'ime of employment in that case shall be l the real or ultimate ownership of the contract was executed. rh existed before the transfer or change (Stats.1943, c. 134, p. 956, § 1091. Amended by Stats.1951, c. 1553, p.3535, § 3; Stats.1953,c. 1081, p. bondholders, partners, or other persons 2572, § 2; Stats.1955, c. 1325, p.2406, § 1; Stats.1957, c. 1499,p.2825, § 1; Stats.1959, c. 427, p. 2366, ing the"real or ultimate ownership"of § 1; Stats.1963, c. 906, p. 2151, § 1; Stats.1963, c. 1950, p. 4015, § 1; Stats.1968, c. 525, p. 1171, § 1; Stats.1969,c.825,p. 1653,§ 1; Stats.1970,c.226,p.476,§ 2,eff.June 22, 1970; Stats.1973,c.459,p.928, § 1; Stats.1977,c.706,p.2264, § 1; Stats.1980,c. 110, § 1,eff. May 20, 1980; Stats.1982,c.451,p. 1821, i of the following conditions are met: ' § 1; Stats.1984, c. 113, § 1, eff. May 10, 1984; Stats.1987, c. 847, § 1; Stats.1990, c. 565 (A.B.66), § 1; iblic agency located in a county with a Stats.1990,c. 1593 (S.B.1963),§ 1,eff.Sept. 30, 1990; Stats.1991,c.341 (S.B.1110), § 1,eff.Aug.5, 1991; Stats.1991, c. 1176 (A.B.2231), § 1; Stats.1996, c. 1133 (S.B.1412), § 1; Stats.1998, c. 687(S.B.281), § 1, vices. eff. Sept. 22, 1998; Stats.1999, c. 349 (S.B.689), § 1; Stats.2003, c. 701 (S.B.155), § 1; Stats.2004, c. 16 (S.B.1086),§ 1,eff.Feb.23,2004.) 'acity with the contracting party,is not rship interest in the contracting party, ! Historical and Statutory Notes r 1996 Legislation relating to persons receiving salary,ary, per diem, or reim- lating the bid of the contracting party. The 1996 amendment, in subd. (b)(6), added "and if bursement from a government entity. these individuals have an ownership interest of 10 percent 2003 Legislation or more in the law practice or firm,stock brokerage firm, Personal services. insurance firm,or real estate firm"; and,in subd.(b)(10), Stats.2003, c. 701 (S.B.155), in subd. (b)(6), made a substituted "Except as provided in subdivision (b) of nonsubstantive change; and added par. (14)to subd.(b). r Section 1091.5, that of a director of or person having an 2004 Legislation weer, officer, employee, or agent of a °"nership interest of 10 percent or more in"for"That of )arty in the capacity of stockbroker, an officer, director, or employee of' and substituted "a "e tity exempt from taxation pursuant to Section insert 3a . broker, if these individuals have not contract has"for"the relationship"following"party to the of the Internal Revenue Code(26 U.S.C.Sec.501(c)(3))or mission as a result of the contract and a nonprofit". ore in the law practice or firm, stock 1998 Legislation Section 2 of Stats.2004,c.16(S.B.1086),provides: Stats.1998, c. 687, § 1, inserted at the end of subd. "SEC.2. This act is an urgency statute necessary for ;he Food and Agricultural Code or a (b)(2) "and the officer owns less than 3 percent of the the immediate preservation of the public peace,health,or he sole purpose of engaging in the shares of stock of the contracting party; and the employ- safety within the meaning of Article IV of the Constitution ee or agent is not an officer or director of the contracting and shall go into immediate effect. The facts constituting party and did not directly participate in formulating the the necessity are: services have been supplied to the bid of the contracting party." her election or appointment to office. "In order to ensure that nonprofit entities exempt from 1999 Legislation taxation pursuant to Section 501(c)(3) of the Internal Y contract or agreement entered into Revenue Code are included within the definition of remote 1965. a director of or a person having an Stats.1999, a 349, in subd. (a), substituted "body or interest, it is necessary that this act take effect immedi- board" for "body of board", and inserted subd. (b)(13), ately." f ing company, or savings and loan j Dns by asterisks Additions or changes indicated by underline; deletions by asterisks fJ