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HomeMy WebLinkAbout84-141~ _ ;aa. :~. ' ~~`~'~` ~ ~ ,~i' ~~ B©ARD OF SU~'ERVISORS i* ' ~ '}" CO~iNTY OF-BUTTE ST,4TE-OF CALIFORNIA o~ ~ r ~~ ~ ' r O+ a~ • ~s ~ a~ 7 ' f'~ ~1Q50111f1071 N0. 84-141 '- •i`t RESOLUTTON APPROVING AND AUTHORIZTNG THE CHAIRMAN TO SIGN THE COt~.MUNTTY DEVELOPMENT ' BLOCK GRANT AGREEMENT FOR CHAPMANTOWN WHEREAS, pursuant to Sections 7050 to 7124 of the California Administra- tive Code, the California Department; of Housing and Community Development (hereinafter referred to as'the State) is administering the 1984-85 Community Development Block Grant Program for-the State of California; and WHEREAS, the State has notified the County of Butte (hereinafter referred to as the County), a local public agency organizaed under the statutes of the State of California, of a Community Development Block Grant award in the amount of X600,000 to pursue housing rehabilitation, street improvements and the construction of storm drains and sewers in the neighborhood of Chapmantown; and WHEREAS, the State requires that the Grant Agreement attached hereto be signed by a County official designated by a resolution of the Board of Supervisors in order to receive these grant funds. NOW,'THEREFORE, BE TT RESOLVED that the County is hereby authorized to enter into this Community Development Block Grant Agreement to carry out a neighborhood improvement program i.n Chapmantown; thereby assuming responsibility for compliance''with the terms and conditions of the Grant Agreement and federal, state and local laws that apply to the expenditure of Community Development Block Grant funds; and BE IT FURTHER RESOLVED that the Chairman of the Board of Supervisors is authorized to sign the Grant Agreement on behalf of the County. PASSED AND ADOPTED by the Butte County Board of Supervisors this 21st day of August,', 1984, by the following vote: AYES: Supervisors Dolan, Fulton, Moseley, Wheeler an8 Chairman Saraceni NOES: None ABSENT: None NOT VOTING: None AL SARACENI, Chairman /~ Butte County Board of Supervisors ATTEST: ' MARTIN J. NICHOLS, h'ef dministrative Offi rand C1 ' lk _9 BY t ~ ..mss. ~ . .'` Sta.e of California depar gran t of Hoes i na and Corrnunity Development 921 i en th Si:rept SGcra~ntc, CA 95814 GRA}~T AGREEMENT CD9G CRAN7 ~GRE~}BEN i rOR~i 5184 Grantee• o of Butte Housing Rehabilitation and Program title: Public Facilit Im rovements Grant Nu;~ae r : 83-STBG-074 Erant °eriod: June 30 1984 -March 30 1986 Grant ;,mount: X600 000 Date of Acreement: June 30, 1984 {ni s agreement will provide official notification of the grant award under the State's adr~inistration of the }lousing and Community Development 81oc~ urd;:t Program far Non-Entitlenent Jurisdictions pursuant to the pro- visions of 42 U,S.C. 530;, et seg., 24 CFR Part 570, Subpart I, and 25 California Administrative Cade Sections 7050 thro~gl~ 7124. In accepting this Grant award the Grantee acreQs to comply with the terms and conditions of t~i5 agreement and dll attachments hereto, the representations contained in the Grantee's application ~herei~after "the Aoplicatian"), ~~rhich is hereby loco rporated by reference as if set forth in full, and the requirer~ents of the authorii:ies cited above. 1 , General A. me Granted agrees to indemnify, defend end save harmless the State, its o;ficers, a5ents and employees from any and all claims and losses -1- .} ,. accruing or resulting to any and all contractors, subcontractors,~~ateriai- men, laborers and any ether person, fine ar corporation furnishing or supplying work, services, maters als•or supplies in connection•with the performance of this agreement, and from any and all claims and lasses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this agreement. B. The Grantee, and the agents and employees of Grantee, in the performance of~this agreement, sha11 act in an independent capacity and not as officers or employees ar agents of the State of California. G. The State may terminate this agreement and be relieved of the payment of any consideration to Grantee should Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such a termination the State may proceed with the work if it so determines, in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Grantee under this agreement, and the balance, if any, shall be paid the Grantee upon demand with proper documentation. G. Without the written consent of the State, this agreement is not assignable by Grantee either in whole ar in part, c . Time i s the essence of thi s agreement . F.~ No alteration or variation of the terms of this agreement shall be vas i d unless made i n writing and signed by the parts es hereto , and no oral -2- 't i - understanding or agreement hat incorporated herein, shall be binding on any of the parties hereto. G. The grant amount to be paid Grantee, as provided herein, steal] be in compensation for all of Grantee's approved expenses incurred in the performance hereof unless otherwise expressly so provided, 2. Work to be Performed T1~e Grantee agrees to fully perform the worfc described in Attachment A, Section 1, (hereinafter "the Work") and more fu11y described in the Application. 3. Grant Amount Fvr the purposes of performing the Work, the State agrees to pay to Grantee the amount specified in Attachment A, Section 3. Tn no instance shall the State be liable for any casts for the Waric in excess of this amount, nor for any unauthorized or ineligible costs. Payment will be made following receipt and approval of the Expenditure Summary and Payment Request Report. Grantee agrees to administer this grant in accordance with the provisions of Section 1498 through, and including, Section 7124 of Title 25 of the California Administrative Code. 4. S ecial Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment 8. _3 ,, ~. 5. Method of Payment A. To receive payment for the Work performed, ar to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State, a duly executed Expenditure Summary and Payment Request Report. The Grantee shall submit all Expenditure Summary and Payment Request Reports to the Department of liausing and Community Development, Community Development Program (G3}, Attention: Program Fiscal Officer, 921 Tenth Street, Sacramento, California, 95814, or any other address of which the Grantee has been notified in writing, The State shall not authorize payments unless it determines that the work has been performed in compliance with the terms of this agreement and its attachments. 6. Within 30 days after receipt by the State of Grantee's appropriately documented Expenditure Summary and Payment Request Report, the State shall make the approved payment to the Grantee. 6. Commencement and Term This agreement is effective on June 30, 1984. However, Grantee agrees that Work shall not commence prior to execution of this agreement by the State, unless expressly authorized, in writing, to do so. This agreement sha11 terminate on the date set forth in Attachment A and Grantee agrees that the Work shall be complete by that date unless a written request far an extension is approved in advance and in writing by the State. -4 - •} 7. Termination by the State A, The Stata may terminate this agreement at any time for good cause by giving at least 30 days notice in writing to the Grantee. Good cause shall consist of violations of this agreement, the regulations contained in 25 Ca] i forni a Administrative Cade §§705G to 7124 , 24 GFR part 570 , Subpart I , the Housing and Community Development Act of 1974, as amended, or upon the request of EffJD. B. It is mutually understand between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the agreement were executed after the determination was made. C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government far the federal fiscal year 1983-84 far the purposes of this program. In addition, this agree- ment is subject to any additional restrictions, limitations, ar conditions enacted by -the Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms ar funding of this agreement in any manner. D. It is mutually agreed that if the Gongress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. -5- E. The State has the option to terminate this agreement ender the 30 -day cancellation clause or to amend the agreement to reflect any reduction ' of funds. 8. Contractors and Subcontractors A. The Grantee shalt not enter into any agreement, written or oral, with any contractor without the prior written approval by the State of the Contractor`s eligibility. The State will not approve any contractor ar subcontractor who is not licensed in California, or who is otherwise ineligible to receive federal funds. B. The agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, ta: 1) Perform the Work in accordance with the federal, state and local housing and building codes as are applicable. ~) Comply with the Labor Standards described in Attachment C of this agreement as are applicable. In addition to the requirements of Attachment C, all contractors and subcontractors must comply with the provisions of the California Labor Code as are applicable. 3) Comply with such of the equal Opportunity Requirements, desert-bed in Attachment Q of this agreement as are applicable. 4 ) hiai ntai n at l east the minimum state-required ~~arker' s Campensatian Insurance far those employees who will perform the 'rJark or any part of it. -5- Y .. ~ ,.. .M1 5 ) alai ntai n , i f so required by l aw ar the State , unempl ayment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be in,~ured ar damaged by the contractor or any subcontractor in performing the '+~oric or any part of it. C. Pursuant to Section ll 20 (c} of Si tl a 25 of the Cal i form a administrative Code, Grantee shall submit to the Department for pre-award review and approval all proposed contracts and related procurement documents, such as requests for proposals and invitations for bids, where the contract amount exct?eds 320,040 and only one bid or proposal is received, ar a "brand name" product is specified, ar the contract is to be awarded sole source. 9. Ins actions A. frantee shall inspect any worfc performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. Site State reserves the right to inspect any work performed hereunder to see that the work is being and has been perf armed in accordance with the applicable federal, state- and/or local requirements, with this Agreement. C, She Grantee agrees to require that all work found by such inspec- Lions not to conform to the applicable requirements be corrected, and to withhold payment to the contractor or subcontractor until it is so corrected. -7- . i .... . . 10. Retards A. Aii records, accounts, documentation and alT other materials relevant to a fiscal audit or examination, as specified by the State, shall be retained far a period of not less than three (3} years from the date of termination of thi s agreement . S. If so directed by the State upon termination of this agreement, the Grantee shall cause all records, accounts, documentation and all other materials relevant to the warfc to be delivered to the State as depositary. ll. Audit A. Ail records, accounts, documentation and other materials deemed relevant to the Work by the Qepartment shat 1 be accessi b] a at any time to the authorized representatives of the State, an reasonable prior notice, far the purposes of examination or audit. B. A~ expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for work not described in Attachment A shall be deemed authorized if the performance of such work is approved in writing by the State prior to the commencement ar" such wank. C. Absent fraud or mistake on the part of the State, the determination by the State of the alTowability of any expenditures shall be final, -8- D. Grantee shall initiate an audit in compliance with Section 7122 of Title 25 of the California Administrative Code of all funds and ~NOrk done pur- suant to this agreement either within 90 days after project completion or two years after the effective date of this agreement, whichever is earlier. ~. The audit shall be performed by a qualified State, local or indepen- dent auditor. Grantee shall notify the State of the auditor's name and address immediately after the selection has been made. The contract for audit shall call far an OM8 Circular A-102, Attachment P, audit. F. Three copies of all required audit reports shall be submitted to the State within six months of the close of the required audit period. The State shall not approve payment for audit costs until ,acceptable audit reports are received. G, All contracts of $10,000 or more between Grantee and its contractors shall contain a provision which indicates that the contracting parties shall be subject to the examination and audit of the Auditor General fora period of three years after the final payment under the contract. FE. Th'e State shall not approve any expenditure far audit prior to receiv- ing an acceptable audit report. 12. Compliance with State Law and Regulations The Grantee agrees to comply with all State laws and regulations that per- tain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Grantee, its sub- grantees, Contractors, or subcontractors, and the Work. _g- l3. Environmental Re uirements This agreement is subject to the provisions of the California Environ- mental Quality Rct (CEQA). Grantee assumes responsibility to fully comply with CEQA's requirements regarding the Work. In addition, the Grantee shall comply with the provisions of the !National Environmental Poiicy Act (NEPA) by following the procedures contained in 24 CFR Part 58. The release, by the State, of program implementation funds is hereby conditioned upon compliance with CEQA and NEPA. 14. Compliance with Federal haw and Reyula'r:ions The Grantee agrees to comply with all Federal laws and regulations applica- ble to the GDBG Program and to the Work, and with the required Federal provisions set forth in Attachment E. 15. State Coordinator The coordinator of this agreement for the State is the Program tanager of the Community Development Program, Division of Community Affairs, or the suc- censor in that position. l6. This agreement shall be accompanied by a certified resolution from the Grantee`s governing body authorizing its execution. -l 0- ., IN WITNESS WHEr~EOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers hereunder as of the day and year first adove written. California Department of Housing and Community Development 8y: Title: Date Grantee: County of Butte 25 County Center Drive Oroville, CA 9596 Title: ~E1L3iE"I'Yic.il, BG~z~~t~ o~~ Sl.~~e~visors Date : AUG 21 X984 ., , , • s.d~.~~1~yL~G''~--• Approved as Eo Fiscal and BudgeEary Control Auditor's Depa ment gyG o- ~.. ~ . y i AMOUNT ~e~arr^~an. _' :ia^ers. Serv+ces !~~ i15? ~ fll4' ~' . ~, I,;NENCU~ ~OGRAM: CATgGDRr -•~ta Federal Trust ~Oir'RQrvA4 USE: ~ !i S AOJ. rNCRt;AS:NG f:NC0.:MBRANCE 'I ,T~~A iC.!.ART~4 ~. $T \TUT7,• ,FISCAL rlAa ±! S _ 2240-1 Ol -890 ~ 324 i 1983 ~ 1983-8~ r~ AflJ. a':HG.9EASir•.G $NC:]MBRANC3!~ CBJSCT GF S:[PiNOt:''J°! ~CAC$ •YJ'."'~i :i5 ~flcal Assistance .S.A. NO. 8.~. ,v O. ~~ l I[s•rcby ;rrt[ry nFor[ my uu•~ perxnndl knvulyd~e that iauiYetcri jur+ris arc ~- atu[lubfr,i~,r the p.•-~a! and yuruoiC nl [hc ~xrrrr[d:tore ,tatcd air~re. ~ ', s:s~Arc:~a c= AC~C:.vT~~.3 oax~cea : aA-a . r rrr.+rw•r ~•a.r,sly :i;,t[ ~ai .r:, ...;ae. ;r e arip[wn ;[" , ;n :r[ ;.,,;,.•.ti;,..enictrn:!rr: frtn:::t! S:'Ct::;r. _~?'~ vsrr • ~a e'r. :rt• ':id:..:r. {R:. ...5 •r:,[•7:flR•n: L, rar^!ur •r~^+ .[e•!. r! [he De~artna•a[ u' ~:rcar:• .,:. 3tr,.NA`_P! C• OFa'Gd~ a•~Vrr'r: :N BLywLP yF -+-d +.ai.'rG" :.A'S 7 -ll- ,~ ATTACHMENT A ?age i of 2 ATTACHMENT A Section 1 - Work Gescription Grantee shal'1 perform all work as described in the Application and according to the milestones found in the Application. Work shall consist of the fallowing: 1. Rehabilitation of 50 units in the Cha~mantown target area. 2. Construction of street improvements, sewers, and drainage on D Street between East 16th Street and Cleveland. ' 3. General administration. Section Z - Completion Date All work is to be completed na later than March 30, 1986. s Section 3 - Grant ~rnaunt and Operating Budget l•he grant award of $600,000 consists of $461,500 for housing rehabilitation, $100,000 far public facilities improve~ents and $38,500 for general administra- tion. Saeci'fics of the budget sha11 be agreed upon by the State and the Grantee. ATTACH~'E~~T 6 Page 1 of 2 AT7ACHt-iE~iT 8 Special Conditions 1. Pursuant to 25 Cal. Admin. Code Section 7056(b}(l ), as a condition of re- ceiving any CDB3 funds, the Grantee must have submittted to the Department and adooted a housing element which meets the substantive requirements of Articl.e;10.6 (commencing with Section 65584) of the Government Code. In addition, prior to the draw down of any CDBG funds, the Grantee shall sub- mit a certification, qn forms provided by the Department, that the Grantee has.advnted a housing element which was in compliance with the substantive requirements of Article 10.6 at the time of adoption, l)pon submittal of this certification, the Grantee may draw down both administrative and nro- aram implementation funds. Asa condition of continued receipt of grant funds during development yr operation of the project(s) applied for, the Grantee must submit to the Department and adopt a revision to the housing element in accordance with the requirements and time frames established by Gov. Code Section 65588(b} {A8 361$, Ch. 208, 5tats. of 1984, effective June 20, 1984). On nr before January 1, 1986, Grantee shall submit a certifications on forms provided by the Department, that the Grantee has adopted a revised housing element --~ -- which complies with the substantive requirements of Article 10.6. Failure to submit a draft revised housing element to the Department, adopt the re- vised element in accordance with the time frames contained in Government Cade 65588(b}, and/or provide such certification on yr before this date may result in cancellation or delay in receipt of the undrawn balance of the grant award. 2. Prier to the drawdown of rehabilitation funds for deposit in a lump sum drawdown: account, the Grantee shall submit the lump sum drawdown agreement between the lending institution and the Grantee with the required certifi- __ cation for review and approval by the State pursuant to Section 7124 of the State CDBG Program regulations. 3. In order to meet the requirements of the State Relocation Law, and in order to minim7ze displacement in accordance with the provisions of the Housing and ~3rban Rural Economic Recovery Act of 1983 {HR 1), the Grantee shall en- sure that targeted income group renter households residing in units reha- bilitated with funds from this grant shall not nay more than 25~ of their monthly gross income for a period of one year. Where tenants are already paying more than 25~ of gross income, they shall not be required to pay any ~--~, ~ increase; in monthly rents for a period of one year from th$-comaletion of rehabilitation of their unit. in order tv fulfill this requirement, Grantee shall either: (a} include those provisions within a Rent Limitation Agree- ment ar, fib} shall nay displacement assistance pursuant to Government Code " Section 7265.3, in an amount equal tv the difference between 25~ of exist- ing tenants` income and the after-rehabilitation rent. Where the tenant already pays more than 25~ of income. for rent, the amount of displacement . , ,. -. Al?ACH~iENT B Page 2 of 2 assistance shall be equal to the difference between pre-rehabilitation rents and after-rehabilitation rents. Upon written approval from the De- partment, Grantee may use CDBG housing rehabilitation program funds to make required displacement assistance payments. 4. In order to comply with the provisions of the Housing and Urban Rural ~co- namic Recovery Act of 1983 (HR 1), the Grantee shall not attempt to recover any capital costs of the public improvement assisted by CDBG funds by as- sessing any amount against properties owned and occupied by targeted income group households, unless {l CDBG funds are used to pay the assessments for the targeted income group households, ar (2) the CDBG funds are used to pay the-assessment for the lowest targeted income group households {50% of the County median income or below) and the Grantee certifies to the State that it lacks'sufficient funds to pay the assessment of all targeted income group households (above 50% of median). 5. Prior to the drawdawn of funds, Grantee shall submit a statement ~to the State CDBG Program which itemizes the nature of the "in-kind" contribution ($50,000}. . 6. Prior to-the drawdown of funds for purchase of any data processing equipment or any other equipment or fixtures with a useful life of one year and a cost of at least $300, Grantee shall submit a detailed justification of the need far the equipment or fixture for review and approval by the Department. 7. All materials submitted as an addendum to the Application are hereby incor- porated as part of~the Application. ,, .. ,~TT,~Ci~ME?~T C ?age 1 of 2 Labor Standards 1. State-Labor Standards Provisions All cnntractars and subcontractors shall give the following certifications to the Grantee: A. "Y am aware of the provisions of Section 3740 of the Labor Cade which require every employer to be insured against ]lability far workers' eampensatian or to undertake serf-insurance in accordance with the pro- visions of that Code, and I will comply with such provisions befare commencing the performance of the work of this contract." B. "It is further agreed that, except as may be provided in Section T8T5 of the Labor Code, the maximum hours a worker is to be empT~yed is limited to eight hours a day and 40 hours a week and the subcontractor shall forfeit, as a penalty, twenty-five dollars for each worker employed in the execution of the subcontract far each calendar day during which a worker is required or permitted to lobar more than S hours in any calendar day or more than 40 hours in any calendar week." The Grantee shall also comply with the provisions or Sections T72D et seg. of the Lobar Cade regarding the payment of prevailing wages where applicable. 2. Federal Labor Standards Provisions A. Davis-Bacon Act 1. Except with respect to the rehabilitation or" residential property designed for residential use far less than eight Families, the Contractor and all subcontractors engaged under contracts in excess of 52,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with ~EI;D requirements pertaining to such contracts and tye applicable requirements of the regulations of the Department of Labor under Z9 CFR Parts 3, 5 and 5a . governing the payment of wages and the rats o of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause ar require to be inserted in full, in all such contracts subject to such regulations, oravisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of Sl0 ,D00 , 29 CsR 5a .3 . 3. ~ Debarred Contractors Yo contracts awarded in furtherance of this agreement shall be made to any Contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor or Department of dousing and Urban Development to receive a~~ award of such contract. F' ~ --. .. C. ~t~acnment :: _. ~ ?age 2 "Section 3" Clause The following clause applies to t:~i s agreement, and i s also to be inserted in all subcontracts far work in connection with the ?reject: 1. ~ The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of ~Eausing and Urban Deveioprtent and i s subject to the requirements of Section 3 of the ~fousi ng and ilrban Developoment ~+ct of 19b8, as amended, 12 V.S.C., 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts far work in connection with the project be awarded to business concerns which are located in, or awned in substantial part by persons residing in the area of the project. 2. The parties to this contract will c~:mply with the pravisiens of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder. prior to the ex ~cuti on of thi s contract. The parts es to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor arg?nization or representative oi` workers with which he has a collective bargaining agreement or other contract ar understanding, if any, a notice advertising the said labor organization or worker`s representative of his cammit:nents under this Section 3 clause and shall post conies of the notice in conspicuous places availab]e to emp{ayees and applicants far employment ar training. 4. 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 E~rban Development , 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a prel imi nary statement of obi 1 i ty 'to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution or the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant ar recipient for such assistance, its successors, and assigns. Fai3ure tc fulfill theca requirements steal 1 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 Part l35 . ' Attachment D Pagel 1. ~ondiscriminatian Clause (OCP-2} A. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, caior, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee ar applicant for employment because of race, re- ligion, caior, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age ar sex. Contractor shall ensure that the evaluation and treatment of employees and appli- cants far employment are free of such discrimination. S, Contractor shall comply with the provisions of the Fair Employment and pausing Act (Government Code Section I2900 et seq.}, the regulations pramuIgated thereunder {California Administrative Code, Title 2, Sec- tion 7285.0 et seq,}, the oravisions of Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Cade Sections 11135-11139.5} and the regulations ar standards adopted by the award- ing State agency to implement Such article. C. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to Tabor organizations with which they have a collective bargaining or other agreement. D, The contractor shall include the nondiscrimination and compliance pro- visions of this clause in all subcontracts to perform ward under the contract. Rttachment D Page 2 ?. Federal equal employment Oprortunity Pequire~rants A. ror all construction contracts .for less t:~an S10,OCQ in carrying out the progr.=.m, the Contractor ;hail not discriminate against any errplayee or a.pT ic~nt for employr^ent because of race, color, religion, sex, or ••:tional origin, Tate Contractor sha]1 take afr'irmative action to in• "2 that applicants far empioy~-ent are ;r;;oiayed, and that employees are tr_ated during employment, without record to their race, color, religion, sex, or national origin. Such action shall i:~cic~de, but not be 1 imi ted to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layofr" or terming:~on; rates of pay ar other forms of compensation; and selec- tion r"or training; including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for e:~Fioy- ment, notices to be provided by the Federal Government setting forth Lhe provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants w;11 receive consideration for employment without regard to race, color, religion, sex, or national origin.- The Contractor shall incorporate the foregoing reGuiretrents of this paragraph (Q} in all of its contracts r"or program work, except contracts governed by paragraph (3} of this section, and will require all of its contractors for SUCK work to be incorporate suer: requi rerrents i n al i subcontracts far program ~.~ork, 3. For all construction contracts of STQ,Q00 or morn: I, ~~otice of Requirement for Ar"firnative notion to Ensure Ecua1 e.~~~o ov~-yen t Qocortuni tv . Executive Order 1 5 2~:~ . 1. -The Offerar's or Bidder's attention is Bailed to the "Equal Qpdortunity C?cruse" and the "Standard Federal Equal Cpror;.unity Construction Contract Specifications" set forth below, 2. :The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate :workforce in each trade on ail construction work in the covered area, are as follows: Goals far ,•linori ty Goal s for fema i e Participation for each trade participation for each trade {Sea Appendix A, attached hereto) 6.90 These goals are applicable to ail the Contractor's construction work (whether or not it is Federal or federally assisted) 'perfor,!<ed i n the covered area. 'fhe Contractor's compliance with the executive Order and the :regulations in 41 CFR Part 60-~ shall be based on its impierren- tatian of the equal Opportunity Clause, specific afr'irmative action obligations required by the specifications set forth in '41 CFR 60-4.3 ( a } , and its efforts to meet the goal s established for the seo;raphicai.area where the contract resulting from this :sal ici Cation is to be cerforned. The hours of minari ty and ._ ._. .. . Attachment 4 Page 3 female employment and training Tvst be Substantially uni`arm throughout the ienCth of the contract,, dnd in each trade, and t,'~e contractor ShaT 1 -rake a goad r"a•i th ~i ; Ort . to e:rploy cat nori- ties and women evenly on each of its projects. The transfer of minori *.y or femme employees or trainees fr^m Contractor to Contractor or from project to project for the sale parpasa of meeting the Cantractar's goals shall be a violation of the contract, the ~xecvtive Order and the regulations in 41 CFR Part 60-4. Compliance with the gams wi~i be measured acainst the total work hours performed. 3, The Can tractor shall provide written notification to the Dire:tor of the Office of rederal Contract Compifance Programs within l0 xorking days of award of any construction subcontract in excess oT S10,u00 at any tier for construction work under the contract resulting from this so]icitation. She notification .shall list the Wane, address and telephone number of the sub- : contractor; employer identification nur~ber; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4 AS used in this Notice, and in the contract resulting from this solicitation, th:. "covered area" is Count of Butte (Insert description of the geographica areas where the contract is to be performed giving the state, county, city, if any.) :I. Section ?02 ~oua1 Odoortunity Clause During the performance of this contract, the contractor agrees as follows: I: The Contractor will not discri~tinate acainst the e:~ployee or applicant Tor employment because of race, color, religion, sex, or national origin. 'Che Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, ar national grigin. Such action shall include, but not be limited to the =allowing: Employment, upgradinc, demotion, or transfer; recruit,-nent, or recruitment advertising; layofr" or termination rates of pay or other farms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants far employment, notices to be provided setting forth the provisions or" this nondiSCrimination clause. 2. The Contractor will, in all solicitations or advertis2;nent; for employees placed by or on behalf of the Contractor, stare that ail qudiified apC11C 'lt5 will receive consideration without regard to race, color, religion, sex, or national ~ origin. ..... Attachment D Page 4 3. ;The Contractor will send to each labor union or representative of workers with which he has a collective barsaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the Said labor union or workers' representatives of the contractor's cer~it- ment under this section, and shall post copies or" the native in .conspicuous places available to employees and applicants for employment. 4. :The Contractor will comply with all proVlsiOns of Executive Order IIZ4fi of September 24, 1555, and of the rules, regulations, :and relevant orders of the Secretary of Labor. S. :The Contractor wi11 furnish all informs tion and reports required by Executive Order ii246 of September Z4, I96S, and by rules, ;regulations and orders of the Secretary of Labor, or pursuant :thereto, and wilt permit access to his baalcs, records, and aCCOunt5 by the Oepdrtment and the Secretary of Labor for :purposes of investigation to ascertain compliance with such rules, regulations , and orders. '~' 6. In the event of the contractor`s non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, :terminated, or suspended in whole o r in part and the contractor :may be declared ineligible for r"urther Government contracts in :accordance with procedures authorized in Executive Order IlZ4b of September Z4, 1955, or by rule, regulation, or order of :the Secretary of Labor, or as otherwise provided by law. 7. :The Contractor will include the provisions of th a sentence irrmed- iataly,preceding paragraph (I) and the provisions of paragrachs (1} through (7} in every subcontract ar purchase order unless exempted by rules, regulations, or orders of the Secretary of 'Labor issued pursuant to Section 204 of Executive Order 11245 of September 24, 3965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such :action with respect to any subcontract or purchase order as the :Department Wray direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided however, 'that in the event a contractor becomes involved in, or is threat- erred with, T i tigatian with a subcontractor or vendor as a resul t of such direction by the Oepartment,.the Contractor may request :the United States to enter into such litigation to protect the interest of the Ifni ted States. C i ~ {' rrr. R'~'~3C~iRle[I~ ~ Page 5 a. "Covered area" means the geor~raphical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, II. S. Treasury Departmment Form 941. d. "Minority" includes: (i? Slaek (all persons havins origins in any of the 31ack African racial groups not of Hispanic origin); (iiy Hispanic (ail persons of .uexican, Puerto Rican, Cuban, Ce.^..ral or Sou~.`~ Amezican or other Spanish Culture or origin, regard-- - less of race); (iii2Asian and Pacific Islander {all persons having origins in any of the original peoples of the Far £ast, Southeast Asia, the Indian Subcontinent, or the ?aci~ic Islands); and (iv) Atimerican Indian ar Aias~can Native {all persons having origins in any of the original, peoples of North America and maintaining identifiable tribal. affi~.- iations throuch me;~bership and participation yr community identifi- cation). 2, r+~enever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the c,;ork involving any construction trade, it shah phys- ically include in each subcontract in excess of '510,000 the Provisions of these specifications and the Notice which contains the applicable goals for mi.-:ority and female participation and 3 As used in'these specifications: . ,~. .~ Attachment D Page 6 anZ ::hick is szt :orth in to soLicitati:.ons °ro.:i which this contract resulted. 3. If the .Contractor is oartic_:atzng (pursuant to 41 CPR 60-4.5} in a 'r:oreto:~rn Plan approvzd by tze v.5. department of Labor n t::e cov~:red area either i.~tdividuaLly or th_ou~h an association, its aff:,rativa GcticZ oo'_Lcati.ans an all :.or'~ in the Plsn area (incl~.:di.-~g co~Is a^d tia,.etabLes} shah be in accordance :~rith tha : PLC=.n for th ose traces which have unicns partici,atizg in the PLan. Con- tractors Host be able to ca_-o-^-strafe their paxtieipation in and ec:<<p3.i_nce with the provisions of any such Hc~~,etown P? an. E=ch Contractor or Subcontractor partici?at .~5 in ~:n approvad PLan is individually reeuired to co:~apLy ;pith its obLi3ations u:~der the EEO clause, an8 to :-~a:<e a rood faith :effort to achieve each coal uncer the Plan iii each trade iz which i t has emo ioyees . The oyrera 11 rood faith performance by other Contractors or .Subcon- t:actors toward a coal in an approved Plan toes not :excuse any covered Contractor's or Subcontractor's failure to take good ::with e~zoris to achieve thw PLan c?oa3s and ti,'~1e tab? es . 4. The Contractor shall :,mola-ent tze specific a`cir- mative action stancares proviCed in paracraphs 7a through p of t'.;ese specificata.ons. The goals set forth i:~ the solicitation ,iron c,;hich this contract resulted a~:e expressed as Pz rcen races o E the to taL Hours of employrent anC training oL mznority and fe~ale utiLizati.vn tre Contractor should reason- 'ably be able to achieve in each co;~struction trade in ~~rhich it has employees ,n the covered area. The :Contractor is expected to Hake substantially uni- ,orn progress toward its goals in each craft curing t~.e period speciLied. 5. Breit:per the provisions o= any co3.Lective bargaining agree:gent, nor the failure by a union with whoa the Contractor has a collective bargaining agree:;,ent, tv refer either minoritz.es or •,~omen shall excuse the :Contractor's obligations under these spzcifications, :Executive order 1126, or tie recuLations promui catwc Oursuant thereto. 6. In order £or the nonworking training hours of :apprentices and trainees to be counted i.n rr.eetzns the goals, such apprentices and trainees rust 5e enjpLoyed by the Contractor during the trainin5 :period, and the Contractor nos t have made a `` ~ .. .. . Attachment D Page 7 cc:-..~ztt~ent to empicy t'ae appren :ices and t,ai-- ~:es at the eo~,.p?etion aL t'.^.eir t,zin.ng, sub~ct to the availacility of e=:~pLcy:;,eat opportuniw.~s. Trainees .~;past we trained pursuant to tr3ini,zq programs approved by the U. S. ~e?artmezt of ~abor. 7. The Contractor shall tare speci`ic a.~Firmsti=re actions to ensure .equal E~tc~Lovment cnportunity. The evaluation o` the Contractor's comp?i,r;c~ce ~tiith these sLecificatons shall be based uon its of°ort to achieve naxitrum results from its actions, The Contractor sha11 document these efforts fully, and shall inple:~znt affirmative action steps at Least as eXter.Sive as the `ollowirg: _ a. insure and raintain a wvr'cing environnant Free of harassment, inti:~idation, and coercion at all sites, and in all facilities at which the Contractor's e.^.:ployees are assicned to work. The Contractor, ~.:h.ere possible, will assiSn t•.~o or Wore ~.~amen to each construction pro- ject. The Contractor ss~all spzcifica'lly ensure that all Fore:~en, supe_inte..^.dents, and other on-site suy ervisory person::eL are a*~:are of and carry out t;^,e Contractor's obL igation to raintain such a wor'fing envzron:~.er.t, with specific attention :o m;:~ority or ie:;:aLe irciivicua? s working at such sitWs or in such ~:acilities. b. stablish a:~d :maintain a current list of rinority and ie:~ale recruitment sources, pro- vide written notiFication to m:,,-~ority and female recrt:it.~nent sources and to conanunity organizations ;,,hen the Contractor o£ its unions have e:mplayrent opportunities available, and maintain a record or the orcanizations' resaonses. ~ r c. raintain a current file of the nar;.es, addresses and telephone nu+nbers.of each minority and female off-the-street applicant and zinority or Le:~a? a refer, a L from a union, a recruitment source or community orcanization and oz u:hat ac~ion was ta.~en wi ~h rest' ect to each such individual. x•F such incividuaL was sent to the union hiring hall `or reFerral. and was not re€erred back to the Contractor by the union or,' if reyzrred, not employed by the Con :,actor, this shall be docu~:,znted in the file wi th the reason therefor, along with Frhatever additional actions the Contractor nay have taken. • Rttachment D gage 8 d. provide i .awiG:te written no tif:.cat;vn to the vi,~:CtOr :~h~:'1 °.T".e un ~Gn or L'.'1 iori5 :,r. ,.: ah L~r. the Cantr.~L~or has a coLl`ctive b~~ ~.-:aizing 3g-~e:sent ~::5 :;C~ raferrcd to the . ContractUr a minority p•.r=on or :~ro.-~:n sent by t::e Can- tractor, or ~rhen .hz Contractor his other information that the union referral process has i:nped_d the Contrac:tor's erforts to ~`~et ids ObLiC3tiQns. e. Develop on-t e- joo t_ainit;g oppUrtunities ardjor pa'rticip~ce in tr•~ining progr~xms for the area :rhich exp;cssly include ninor~.ties and woven, inc? u~iing upgrading progra,-as and apprenticeship and t=ainee programs relevant to the Con~ractor's e^plo;ment needs, espe- cia~I.y hose procrars funded or approved by the Department of jabor. The Contractor shall provide notice of these programs tv the sources conpiled under 7b aLove. f. Disseminate the Contractor's ~~0 policy by providing notice o the col.icy to unions and training programs and requesting their coop- eration- in zssistiny t~:e Cor.tyactor in nesting its Ec0 cSligations; by including it in zny colicy nznuzl and collective barcaining acre•a- meet; by publicizing it in the company newscaper, znnual r__ ort, etc. ; by soacific review of the policy with aI1 <<,anage~nent personnel znd with a?L minority and fs2?e employees a~ ~2aSt once a vaar: and by po5tzrg the company ~~O polic~r on bulletin boards accessib? a to all e:~plogees at each location where construction work is perfar-ed. g. ~eview, at l,zst araual? y, the company's £F.0 policy and aff~,r-:~ativa action vblicatiors u.~,der t::ese spzcifications with z11 e~~;plo~~ews having any resaonsio=l~.ty for hiring, assign- ment, layoff, termination or other amnloy~:.ent decisions including specific review o` these items with ons~.te supervisory personnel such as Superintendents, General =orz:~en, etc., prior to the initiation. or construction wvr'.ti at any joIa site. A written record S~':a11 be :Wade and maintai:~ec, .dentifying the ti:;~e and place of these mee_i~;gs, persans attending, subject matter ciscus~ed, and disposition of the subject matter. _J ' • ~ Attachment ~ Page 9 h• ~issemi:~ate the Contractor's ~~o ^o?_cv externally by ir.c?~idinq it in any •~c:•:ertis~ ing In the news ed;,a, snec,~ycalLy ~ncluc:~nq minori :y and fe^aLe news ,;,edia, and ~ roviding •.~rittin notification to and discussing the Contractor's ESQ policy with ot:zer Contractors and Subcontractors with whom the Cant;actor does or anticipa4es Going business. =. Direct its recruit-ent. efkarts, Goth oral and :;r~.tten, . to ~^z:.ority, female aid ce.~cm4nity oryanixations, to schools with minority and fz^ale stu`znts and to minority and fe^~ale racruitme,•~t and training organizations sere-• ing the Contractor's rzcruitment area and employment nee3s. tot ~.ater than one ::,oath prior to the date far the acceptance of appli- cations for apprenticeship or other training by any recruitnent•source, the Contractor shall sand written notification to orcaniz- ations such as the above, describing the openings, screenirq procedures, and tests to be used in the selection process. j. ~ncvurage present minority and fe:~ale employees to recruit ot:~er « ' nority persc..s and woven and, where reasonab?e, provide after school, suruner and vacaticn e:nvlo~:~,ent to minority and ie:~aLe youth both on the si4e and in otter arezs o= a Contractor's work force. k. Validate a].I tests and other selection re~uire- ments where there is an obligation to do so under 3I CFA Fart &0-3, ~.. Conduct, at least annually, an inventory and e=faluation at least o£ all minority and ~e:~a's personnel for nron~otional opportunities and encourage these employees to seek or to p~e- pare for, through appropriate training, etc., such opportunities. m. censure that seniority practices, jab classi- fications, work assignments and other personnel Qcactices, do not have a discrimir.atary e~~ect by continually ;non_toring all personnel and employment reLatad activities to ensure that the E~0 policy and the Contractor's obligations under these specifications are being carried out. ~ y .. . _ F Attachment ~ Page 10 n. Ensure that a3.I :aciLi_:as and cor~.3ny actin- - itiC.'s dr° no^52~rr~~3t•~C =..~~~ ~ t'.':3t S+?c; ~4'.tL' or single-uszr toilet e:~d r.~ceasary c^ :ncing facilitizs sf:aZl 3e prov_dad to assure privacy bet•~asn t~~e swxes. o. aocunent and maintain z _ecord ox all solicita- tions of offers for subcontracts f,ocn minority and i~wai2 COt15~`.rtlGti4n CCn~~aCtors c:nd sur:a? 1.C:~5, ancluding ci,culation ,o. so? icitations to :~~.::ority znd fe:rale contractor a3sociatiorrs and ot~:~:r b+.z,;.- mess associations. p. Conduct a revia~.~, at Iaast a^:,ually, of a3.I 'supervisors' ad~,erance to and performance under the Contractor's c.EO poLiczes and affir~m.ati~.•e action ool.igati ans. 8. Contractors are encouraged to participate in voluntary associations •.rhich assist in falfiL].inq one or more o£ their afrir:cative actio:~ ob? =,ations (Ta through p} . Th4 efforts of a contractor association, joint contactor-union, contractor-cor~~_-:ity, or ot:.er s.,-~iar grcup oL ca h:;cz the contactor is a mem,:.ay and participant, r,~ay be aster :ed as ful~ill.zng ary one or :yore of its ob3.igat_o::s Lndar 7a t~zrouch o of these Specifications p,:cvi::ed that the contractor actively participates i.n t:-te q=oup, mares eve.y effort to assure that the croup has a positive impact on tc~e e~:piov.;~ent of minorities a,zd ~.~omen in the industry, ensures :net the co;:crete be:~a£its of the propra:~ are ref3ected in tie Contractor's minority and £enale wortfo,ce particip a,on, names a good Faith effort to r,:eet its i,-~dividual goals and :irne- tables, acrd can provi de access to documentation white de:~onstrates .tare effecti-reness o~ actions tatien on behalf of the Contractor. The obligation shall, not be a de `erase for t:~e Cer,trac 40,' s non- comoliance. ~. A single goal for minorities and a separate single goai: for women nave hewn established. The Contractor, however, is recuired to provide ecua? erplov:;,ent o~aportunity and to to:<e af~i_*~ative action for all minority groups, Loth male a-d fe^:aie, and aLl women, botz rii~zorzty and non-~:^inority. Consequent?y. tie Contractor may be in violation o, the Executive Order if a particular. group is e,:.p? oyed in a sub- stantially disaarate manner tLor exarnnle, e~~en though the Contractor has achieved its coals For women .r " ~ '~ Attachment D Page ~7 Severally, t;na Cantractor zay be in . vioL,3L:.on o the Executive Cr :er if a sp eci`ic minori t;,- yrocip •of •~cmen is undarutilized?. 10. The Contractor s:~all not use the galls and tire- tables or azfir-ative ac~ion standards to dscrizinate a,ainst any person because oz race, color, ze? icion, sax, or national. origin. ll. The Contractor shall, rot anter i:~t:o a:zy S~:hccntract with any persan yr ,fa.rm dabarrad from Governc.~:nt contracts pursuant to Executive 4rdar I1.~46. i2. The Contraction shall carry out such sanctions a~.d Fanaities. for vivlzticn of these~'specifications and of t'r:e E'eual Opportunity Clause, including susaension, termination and cancellation of exist- ing subcontracts as may be imposed or ordered pursuant to Executive Order 1.1.246, as amended, and its :.:nnlenenting regulations, by ~:he Office o~ Federal Contract Compliance ?rograms. Kny Contractor who fails to carry out such sanctions and pena?ties shall be in violation of these s; ecir:ications and Executive Order 11.246, as ame:~ded. 3. T::e Contractor, in ful..fi fling its obli5aticns u::dar these specifications, shall. i:~plement specific affiz:.-ative action steps, at least as e:ctensive as those standards przscribed in paragraph 7 of these saecificaions, so as to achieve maximum results from its efforts to ensure equal. e:~ployment opaor- tunity. Tf the Contractvr fai3.s tv comply •~ri.th t;ze requiremen ;s of tine Executive Order, the impler~~enti .g regulations, or these sped=ications, the Director shall proceed in accordance with 41 CFR 67--4.8~. l4. The Contrz~ctor s;-~all cas;gnatz a responszbi.e ofzicial to monitor a1.L eTp _c,~r,.ent related activity to ansure that the co~i~pany cE0 policy is being carried ot1t, to submit reports relating to the p_ovisions hareof as may be required by the Government and to keep records. Records shall'at feast include for each employee the name, address, telephone nunbers, construction trade, union affiliation if any, e:rployee identification number when assigned, social security number, race, szx, status ~(e.g., eczanic, apprentice trainee, helper, or laborer) , dates of charges in status, hours _ worked per week in the indicated trace, rata of pay, and locations a~ which the work was porfor-~zd. Records shall be maintained in an easily understand- able and retrievable for*n; hcWever, to the degree ,~ ~Y ~ ~ ~ Attachment 0 Page Z 2 t :that existing tr3ct+~rS 5h3L1 racards. recor~s satzscy th;s re~~.:_rc-~n_ con- ~e ~~ ' not r~;:cuir?d to Tai~c,~_n separate I5. ;Nothing herein erovidad shaZ1 Qe co~.st~-uad as a Iimztatzon upon the apol? cat,on o~ other Ia~,~S ~,~rhich establish di; ~erent standards o~ cc:~r~Liance or upon the a~p3.icat.ion o? recuire~:ents nor t::e ,~irinq o~ Iocal or other area ,residents (e.~., t:~~~se under the ~ubLic :Turks ~:..~nlo4~:.ent Vic: o= 19'17 ~: nd the Co^.:~t::pity Devzloo:.;ent 3lock Grant ?regr~::~) . C. Senzecated Facilitizs The Contractor or au5contractor :pill not main4ain any facility +~rhich is provided ::oz their e:~~Loyees in a seSregated rtarner or aerr~it their em~lo~'ees to per~orm t:-~eir services at any Location under their control arhere secrecatad acilities are mainta;r.e~. _ ~Ti,~CHr1~iiT ~ ~AQ~;~DIX watiZ furt:ter aatica, the. Fallowing goals for minority uti? fixation izt each canatrsfitiart craft and trade shall be inc? esded is all F aderal tir federY~Iy-assisted construction caatracts sa.d subcontrac.s ,n excess of SZO,OOQ to be parfaxaE_~3 in the raepective geegrap:~.lcs1 a_~ s. ike goals ara applicable to each tzanaxempt contxacter's total oasite construction War4cfores, regardless of whethex ar not part of that workforce is per- *orm~,ag work an a Federal, _adarally-assisted, ar noafederally related prajec~, contract, or subcQnt:act. Canstxuct±att contractors wi~ich are particigatiag is an approved ?ometown Plea (sae 41 C~ b0-•4.5) ara rnquj.r>±d to coarply crtt:z the goals of t:~e Hametossa Plan with regard to construction Lark they perform in the area covered by the 8ottetcs~t Flan. kith regard to all their other covered construction work, auc~i contractors ara required to comply with the applicable SMSA or £A gaaZ contained in this appendix B, ECONOMIC A.~AS A'. as Covered c',oal Percent CaZifarnia: Zeddiag Economic Area Lassen County, Madoc County, Plumes County, Shasta County, Sisiciyvu County, Tehama County ............... b,8 Eureka Ecaaaaic Area DeI Norte County, FIu>rboldt County, Trinity Cauaty •••••...... b,8 Sao Francisco-Qa3claad-San Jose c.conamic Area Honterey County ~ .............................................28.9 Alameda County, Contra Costa County, ~farirt County, San Francisco County, Sea Mateo County ..............25.5 Santa Clara Cauaty ..........................................39.b Santa Cruz CouZtq' ...........................................14.9 Sonoma COUnty ..,...~ ......................................... 9.1 :Papa Cauaty, Solano County ..................................17.1 Lake County, Me>~dociao County, Saa Benito County ..........,.23.2 Saeranenta Economic Area Placer County, Sacramento County, Yo1a County ........... Ib l ... Butte County, Colusa County, E3darado County, . . G1,eaa'Cauaty, Nevada Cauaty, Sierra County, Sutter County, Yuba County ........................... I4 3 ....... . Stacktoa-:~.adesta Ecaromic Az ea Stanislaus Caurtq ............................................ 12.3 Saa Joaquin County .......................................... 24.3 Alpine County, Amador County, Calaveras County, 'Sarigasa County, Merced County, Tuol.aaaxe County . . . . . . . ... . . . 19, 8 Fresno-Bakersfield Economic Area Rez-z County ................................................. I9.1 Fresno County ............................................... 26.1 ?dings CauZty, N~deza County, Tulare County ..,........~....,. x3.b 8 i .a p ~+, Attachment ~ gage 1 Peauired Federal Provisions 1. Flood Disaster Protection: This Agreement is subject to the requirements of the Fioad Disaster Pro - tection ;Act or" I973 (P. L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition ar construction purposes as defined under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national f?ood insurance program pursuant to section 2Q1(d} of said Act; .and: the use of any assistance provided under this Agreement far such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section I02(a) of said Act. Any contract ar agreement for the sale, leave, ar ot. her transfer of land acquired, cleared ar improved with assistance provided under this Agree_ meat shall contain, if such land is located in an area identified by.the Secretary as having special flood hazards and in which the sale of flood insurance has been made ovailabie under the iYatioval Flood Insurance Act of 1863, as amended, 42 U. 5. C. 4001 et seq., provisions obligating the trans- feree and its successors ar assigns to obtain and r~aintain, during the owner- ship or" such land, such flood insurance as required with respect to financial a5S15tanCe far dCgUiSitian or ConStruGtion pUrpaSCS Under sACtian 102(a} of the F?:ood Qisaster Protection Act of I973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 2. Lead-Based Paint Ffazards: The construction or rehabilitation of residential structures with assistance provided under this Agrea~;ent is subject to the ~iu0 Lead_8ased oaint .~egul~tions, 24 CFR Part 35. Any grants or loans Wade by the Contractor nor the rehabilitation of .residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimin- ation of lead-base paint hazards under sub-part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required ender section 35.14(f) thereof. 3. . Ca~noliance with Air and 'Tatar Acts: This Agreement is subject to the requirements of the Clean Air Act, as amend=d, ~Z USC 1857 et seq., the Federal 'dater Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the environmental Protection regency with respect thereto, at 40 CFR Part 1S, as amended from time to tti~te. ~ '* tiF Attachment E gage 3 5. Interest of Certain Federal Officials: 4o member ar or Delegate to the Congress of the United Stat4s, and no Resident Commissioner, shalt be admitted to any share or part of tfTis Agreement oi- to any benefit to arise from the same. b. Interest of 'embers, Officers, or Emn1o ees of Contractor Members of Uoca Govern i n od or t1Ter P+~b i s Of f T C T a S No member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the IocaIity in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the .program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the pro- ceeds thereof, for wont to be performed ~in connection with the program assistzd under the Agreement. The Contractor shall, incorporate, or cause to be incorporated, in ail such contracts or subcontracts a provision pro- hibiting such interest pursuant to the purposes of this section. 7. Prohibition .Against Payments of Bonus or Carimission: The assistance provided under this Agreement sha11 not be used in the pay- ~r~ent of any bonus or commission for the purpose of obtaining ~1UD approval of the application for such assistance, or HfJO approval or applications far additional assistance, or any other approval or concurrence or" FiUD required under chic Agreeent, Title I of the ~'ousing and Carrmunity Develop- ment Act of 1974 or BUD regulations with respect thereto; pravid2d, however, that reasonable fees ar bona fide technical, consultant, managerial ar other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.