HomeMy WebLinkAboutA6668 - THE RANCH ROCOVERY CENTR INC - CDBG ENERGY EFF RETRO SUBRECIPIENT AGREEMENT
THIS AGREEMENT(herein"Agreement"), is made and entered into this I r day of ftri I
2015, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter
city, and The Ranch Recovery Centers. Inc. , (herein"Provider").
WHEREAS, the City has entered into various funding agreements with the United States
Department of Housing and Urban Development ("HUD"), which agreements provide funds ("CDBG
Funds") to the City under the Federal Housing and Community Development Act of 1974 (42 U.S.C.
Section 5301 et seg.), as amended from time to time (the "Act"), and the regulations promulgated
thereunder(24 C.F.R. Section 570 at sea. ("Regulations"); and
WHEREAS, the Act provides that the City may grant the CDBG Funds to nonprofit organizations
for certain purposes allowed under the Act, and
WHEREAS, the Provider is a nonprofit organization which operates a program which is eligible
for a grant of CDBG funds and the City desires to assist in the operation of the program by granting
CDBG Funds to the Provider to pay for all or a portion of those costs incurred in operating the program
permitted by the Act and the Regulations on terms and conditions more particularly set forth herein;
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF PROVIDER.
1.1 Scope of Services. Provider agrees to provide to City all of the services
specified and detailed in its application for funding and Exhibit A, and to conduct all programs specified
therein in a manner to reflect credit upon the City and Provider. Provider represents and warrants to City
that it is able to provide, and will use funds granted by the City to provide the services represented in the
Provider's application for funding. City provided funds shall be used only for those purposes specified in
such application.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal,
State or local governmental agency of competent jurisdiction.
1.3 Reports. No later than ten (10) days prior to any payment date specified in
Section 2.2, within ten (10) days following the termination of this Agreement, and at such other times as
the Contract Officer shall request, Provider shall give the Contract Officer a written report describing the
services provided during the period of time since the last report and accounting for the specific
expenditures of contract funds hereunder, if applicable. At the times and in the manner required by law,
the Provider shall provide to the City, the Department of Housing and Urban Development, the
Comptroller General of the United States, any other individual or entity, and/or their duly authorized
representatives, any and all reports and information required for compliance with the Act and the
Regulations.
1.4 Financial Reporting. Any Provider receiving or due to receive or due to receiver
$20,000.00 or more from the City during the 2015 — 2016 Fiscal Year shall provide to City a financial
statement prepared by a recognized accounting firm approved by or satisfactory to City's Finance
Director completed within the most recent twelve(12) months showing the Provider's financial records to
be kept in accordance with generally accepted accounting standards. The report shall include a general
ledger balance sheet which identifies revenue sources and expenses in sufficient detail to demonstrate
contract compliance and be balanced to bank statements. Any organization receiving or due to receive
less than $20,000.00 in the current fiscal year from the City shall provide a copy of the organization's
most recent charitable trust report to the Attorney General, or other financial information satisfactory to
City's Finance Director. The financial information provided for in this paragraph shall be furnished not
later than January 31"of the current fiscal year.
2.0 COMPENSATION.
2.1 Contract Sum. The City shall pay to the Provider on a reimbursable basis for its
services a sum not to exceed EIGHTY THOUSAND SEVEN HUNDRED EIGHTY-THREE DOLLARS
($80,783.00) (the "Contract Sum") in accordance with the Budget attached hereto in Exhibit B and
incorporated herein by this reference; and as herein provided. The budget cost categories set out in
Exhibit B are general guidelines and if mutually agreed by both parties, may be amended
administratively by no more than 10%, without the requirement of a formal amendment to this
Agreement, but in no event shall such adjustments increase the Contract Sum. The Provider shall
submit to the City monthly statements on reimbursable expenditures pursuant to the attached Budget
along with pertinent supporting documentation. The City shall promptly review the monthly expenditure
statements and, upon approval, reimburse the Provider its authorized operating costs.
2.2 Payroll Records. In cases where the contract sum will reimburse payroll
expenses as part of operations, the Provider will establish a system of maintaining accurate payroll
records which will track daily hours charged to the project by the Providers respective employees, as set
forth in OMB Circular A-122 Attachment B.6.
2.3 Draw Downs. Failure by Provider to request reimbursement or encumbrance of
at least 25% of the total grant by the end of each fiscal year quarter (September 30, December 30,
March 31, and June 30)shall result in the immediate forfeiture of 25%of the total grant.
3.0 COORDINATION OF WORK.
3.1 Reoresentative of Provider. The following principals of Providers are hereby
designated as being the principals and representatives of Provider authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith:
Rick Mesa, President/CEO
3.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the chief administrative officer of City.
3.3 Prohibition Against Subcontracting or Assignment. Provider shall not contract
with any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of the City.
3.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Provider, its agents or employees, perform the
services required herein, except as otherwise set forth herein. Provider shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Provider shall not at
any time or in any manner represent that it or any of its agents or employees are agents or employees of
City.
4.0 COMPLIANCE WITH FEDERAL REGULATIONS.
4.1 The Provider shall maintain records of its operations and financial activities in
accordance with the requirements of the Housing and Community Development Act and the regulations
promulgated thereunder, which records shall be open to inspection and audit by the authorized
representatives of the City, the Department of Housing and Urban Development and the Comptroller
General during regular working hours. Said records shall be maintained for such time as may be
required by the regulations of the Housing and Community Development Act, but in no case for less than
five years after the close of the program.
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4.2 The Provider certifies it shall adhere to and comply with the following as they
may be applicable:
(a) Submit to City through its Community and Economic Development
Department semi-annual reports on program status;
(b) Section 109 of the Housing and Community Development Act of 1974,
as amended and the regulations issued pursuant thereto;
(c) Section 3 of the Housing and Urban Development Act of 1968, as
amended;
(d) Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations at 41 CFR Chapter 60,
(e) Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR Part 107;
(f) Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as
amended, and implementing regulations;
(g) The Age Discrimination Act of 1975 (P.L. 94-135, as amended, and
implementing regulations,
(h) The relocation requirements of Title II and the acquisition requirements
of Title III of the Uniform Relocation Assistance and Real Property
Acquisition at 24 CFR Part 42;
(i) The restrictions prohibiting use of funds for the benefit of a religious
organization or activity as set forth in 24 CFR 570.200 0);
Q) The labor standard requirements as set forth in 24 CFR Part 570,
Subpart K and HUD regulations issued to implement and
requirements;
(k) The Program Income requirements as set forth in 24 C.F.R.
570.504(c) and 570.503(b)(8),
(1) The Provider is to carry out each activity in compliance with all
Federal laws and regulations described in 24 C.F.R. 570, Subpart K,
except that the Provider does not assume the City's environmental
responsibilities described at 24 C.F.R. 570.604; nor does the Provider
assume the City's responsibility for initiating the review process under
the provisions of 24 C.F.R. Part 52;
(m) Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control and
abatement of water pollution;
(n) The flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234),
(o) The regulations, policies, guidelines and requirements of 24 CFR
570; the "Common Rule", 24 CFR Part 85 and subpart J. OMB
Circular Nos. A-102, Revised, A-87, A-110 and A-122 as they relate
to the acceptance and use of federal funds under the federally-
assisted program;
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(p) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing
regulations issued at 24 CFR Part 1;
(q) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended,
(r) The lead-based paint requirements of 24 CFR Part 35 issued
pursuant to the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4801 et seq.);
(s) Maintain property inventory system to numerically identify HUD
purchased property and document its acquisition date as is set forth
in OMB Circular A-110 Attachment N Property Management Standard
6d; and
(t) Reversion of asset. Upon the Expiration of the agreement, the
subrecipient shall transfer to the City any CDBG funds on hand at the
time of expiration and any accounts receivable attributable to the use of
CDBG funds. Additionally, any real property under the subrecipient's
control that was acquired or improved in whole or in part with CDBG
funds (including CDBG funds provided to the subrecipient in the form of
a loan) in excess of$25,000 is either:
(i) Used to meet one of the national objectives in Section
570.208 (formerly Section 570.901) until five years after
expiration of the agreement, or for such longer period of time
as determined to be appropriate by the City; or
(ii) Not used in accordance with paragraph (s)(i) above, in which
event the subrecipient shall pay to the City an amount equal
to the current market value of the property less any portion of
the value attributable to expenditures of non-CDBG funds for
the acquisition of, or improvement to, the property. The
payment is program income to the City. (No payment is
required after the period of time specified in paragraph (s) of
this section.)
(u) Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
4.3 The City shall have the right to periodically monitor the program operations of
the Provider under this Agreement.
5.0 INSURANCE AND INDEMNIFICATION.
5.1 Insurance. The Provider shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, public liability and property damage insurance against
claims for injuries against persons or damages to property resulting from Provider's acts or omissions
arising out of or related to Provider's performance under this Agreement. Provider shall also carry
Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such
insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without
thirty (30) days' prior written notice of the proposed cancellation to City. A certificate evidencing the
foregoing and naming the City as an additional insured shall be delivered to and approved by the City
prior to commencement of the services hereunder. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of Provider's obligation
to indemnify the City, its officers, or employees. The amount of insurance required hereunder shall be
as required by the Contract Officer not exceeding One Million Dollars($1,000,000).
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5.2 Indemnification. The Provider shall defend, indemnify and hold harmless the
City, its officers and employees, from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of
person(s), for damage to property (including property owned by the City) arising out of or related to
Contractors performance under this Agreement, except for such loss as may be caused by City's own
negligence or that of its officers or employees.
6.0 DISCRIMINATION, TERMINATION, AND ENFORCEMENT.
6.1 Covenant Against Discrimination. Provider covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, pregnancy,
marital status, age, sex, sexual orientation, or any other basis Protected Characteristic by applicable
federal, state or local law in the performance of this Agreement. Provider shall take affirmative action to
insure that applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, physical or mental disability, national origin,
ancestry or any other basis Protected Characteristic by applicable federal, state or local law.
6.2 Term. Unless earlier terminated in accordance with Section 6.3 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services, but not
exceeding one(1)year from the date hereof.
6.3 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination the Provider shall immediately cease all services hereunder
except as may be specifically approved by the Contract Officer. Provider shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and City shall be
entitled to reimbursement for any services which have been paid for but not rendered.
7.0 MISCELLANEOUS PROVISIONS.
7.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below, or such other
addresses as may from time to time be designated by mail.
TO CITY:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262-6959
Attn: City Manager
WITH COPY TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262-6959
Attn: City Attorney
TO PROVIDER:
The Ranch Recovery Centers, Inc.
7885 Annandale Ave
Desert Hot Springs, CA 92240-1419
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7.2 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
[ End—Signatures on Next Page ]
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CITY OF PALM SPRINGS
ATTE ici al Corporation
gy. 9
Ity Clerk City Manager
APPRO E O F RM: APPROVED BY CITY COUNCIL
By: �Rh' 1°ib 1�!\ A\ .—PSo
City Attor ey
PROVIDER: I Check one: _Individual _Partnership _Corporation
(Corporations require two notarized signatures: One signature must be from the Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief F�inancial Officer)..-
By: By: I �t CQ�C(j )."`c� r ' ��i`
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer
Name: Name: , cV G✓ �j IeSC rr
Title: Title: •- -k$ t e'E✓Lr C
A notary public or other officer completing this certificate A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the verifies only the identity of the individual who signed the
document to which this certificate is attached, and not document to which this certificate is attached, and not
the truthfulness,accuracy,or validity of that document. the truthfulness,accuracy,or validity of that document.
State of ) State of(f1 j r r n i a' )
County of )SS. County of < f P efs I d Y )as.
On before me, On A- 1-11 r t )-S �1;?c'/(a before me,
personally appeared � 77 f /-4oAG ` 1�IJ 0apeisonallyappeared
who proved to l� i c hct rA M r
c.\ who proved to
me on the basis of satisfactory evidence to be the person(s) me on the basis of satisfactory evidence to be the person(ay
whose name(s) islare subscribed to the within instrument and whose name(a&are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in acknowledged to me that hg/shelthey executed the same in
his/her/their authorized capacity(ies), and that by hislherftheir t!Whedtheir authorized capacity(ea), and that by fs7herftheir
signature(s) on the instrument the person(s), or the entity signatureW on the instrument the person(a), or the entity
upon behalf of which the person(s) acted, executed the upon behalf of which the person) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand and official seal. WITNESS my hand and o 7
1 seal.
Notary Signature: Notary Signature,Z��li'
Notary Seal: Note S P. BERTONE
Commission♦2032188
Notary Public -California i
= Riverside County
My Comm. Ex Tres Jul 2,2017
DdxCD cts,am,.w„d,_�veWne,".n.n,ns
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CITY OF PALM SPRINGS
EXHIBIT A
Scope of Services
Proiect/Activity Title: Project Number:
The Ranch Recovery Centers, Inc. / 0002
Energy-Efficiency Retrofitting
Name/Address of Provider:
The Ranch Recovery Centers, Inc.
7885 Annandale Ave
Desert Hot Springs, CA 92240-1419
O biectives/Activities
The intent of this program is to provide a residential treatment facility for women and men begin their
recovery from the devastating and far-reaching effects of alcoholism and drug dependency. This will be
accomplished through facility renovations to improve dormitory and counseling buildings by making
energy-efficient upgrades. These upgrades will replace older inefficient single-pane windows in three
buildings (30-50 years old) with heat radiated dual-pane windows which will contribute to reduced
expenditures on heating and cooling throughout the buildings, especially in the Men's Quarters. The
Ranch's male admission is 300 Valley-wide and 80 Palm Springs' residents.
The Provider shall be responsible for the completion of the following objectives/activities in a manner
acceptable and satisfactory to the City and consistent with the standards required as a condition of
providing these CDBG funds.
Objective 1: Assist the City by timely providing any additional information requested.
TARGET
DATE ACTIVITY#1
On-Going Make readily available any information relative to the successful implementation of the
activity.
Objective 2: Establish and maintain a programmatic and financial record keeping process.
TARGET
DATE ACTIVITY#1
On-Going Establish and maintain an efficient program process/procedure for proper record keeping.
Set-up a filing system for CDBG files only. Document and maintain all records related to
this program in a stable and secure location.
Objective 3: Advertise, market and publicize the program to facilitate positive promotion for all parties
(i.e., Provider, City, CDBG. etc.).
TARGET
DATE ACTIVITY#1
On-Going Draft a promotional piece and submit to City for approval. Advertise in the Desert Sun's
daily general circulation newspaper or its weekly Palm Springs geo-targeted newspaper.
Submit final publication to City.
Objective 4: Enroll and income qualify at least a total of eighty (80) extremely low income to
moderate-income Palm Springs residents with improved access to the facility and its
service.
TARGET
DATE ACTIVITY#1
On-Going Provide rehabilitation services to help Palm Springs residents living with alcohol and/or
drug addiction. Maintain records of names, addresses, demographics and service dates
for all assistance.
Objective 5: Maintain records for all CDBG activities related to this program.
TARGET
DATE ACTIVITY#1
On-Going Document and maintain all records related to this program, including those required, in
accordance with HUD Regulations, in a stable and secure location.
ACTIVITY#2
On-Going Submit Semi-Annual reports—referenced Exhibit E.
Objective 6: Manage/monitor program activities.
TARGET
DATE ACTIVITY#1
On-Going Perform monitoring activities necessary to ensure that the program is being conducted in
compliance with the CDBG policies, federal regulations, and local statues, including
Davis-Bacon Act, Copeland Act, and Non-discrimination /EEO requirements.
Objective 7: Make improvements with the installation of heat radiated dual-pane windows resultinq in
energy cost savings and preserving funds for direct client services.
TARGET
DATE ACTIVITY#1
On-Going Conduct program activities to improve availability/accessibility in accordance with an
'open competitive' procurement process as stipulated in the proposal and in consultation
with the City.
Objective 8: Provide an evaluation within fifteen (15) calendar days of the program completion or final
reimbursement.
TARGET
DATE ACTIVITY#1
07/15/14 Provide an evaluation and final report on all programmatic and financial activities.
General Administration
Provide the management oversight and leadership to address specific operational tasks in meeting the
established performance levels, as well as perform supportive activities (i.e., clerical, monitoring, etc.)
CITY OF PALM SPRINGS
EXHIBIT B
Budget Summary
ProiecUActivity Title: Project Number:
The Ranch Recovery Centers, Inc. / 0002
Energy-Efficiency Retrofitting
Name/Address of Provider:
The Ranch Recovery Centers, Inc.
7885 Annandale Ave
Desert Hot Springs, CA 92240-1419
COST CATEGORY CDBG OTHER TOTAL
SHARE SOURCES COST
1 Personnel -0 - -0 - -0-
Consultant/Contract Services -0- - 0 - -0-
Architectural Services
3 Travel -0- -0 - -0-
4 Space Rental -0- -0 - -0-
Consumable Supplies -0 - - 0 - -0-
Rental, Lease or Purchase of -0- - 0 - -0-
Equipment
7 Insurance -0 - - 0 - -0-
Other— $80,783. $11,717. $92,500.
Construction/Rehabilitation
TOTALS $80,783. $11,717. 1 $92,500.
If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions,
identify the source of funding, grantor/lending agency, and cost category information.
Other funding sources may include Riverside County and City of Palm Desert CDBG Awards and private
donations.
Progress payments, approved by the Subrecipient and based upon the percentage of completion of the work
with a 10% retention, shall be paid by the 30' day of each month, provided that the payment application has
been submitted to the City on or before the first working day of the month.
The Subrecipient shall receive reimbursements and/or its suppliers/vendors shall receive direct payments by
way of a two-party check, in accordance with the aforementioned cost categories and line items which are
subject to receipt of an acceptable requisition in the form of a monthly Request for Reimbursement.
The Subrecipient recognizes that the CDBG Funds are received from the HUD, and that the obligation of the
City to make payment to Subrecipient is contingent upon receipt of such funds from HUD. In the event that
said funds, or any part thereof, are, or become, unavailable, then the City may immediately terminate or
amend this Agreement.
Services are to be performed over a twelve month period of July 1, 2015 through June 30, 2016 with funds
allocated from 2015—16 Program Year.
CITY OF PALM SPRINGS
EXHIBIT C
Insurance Inventory
Proiect/Activity Title: Project Number:
The Ranch Recovery Centers, Inc. / 0002
Energy-Efficiency Retrofitting
Name/Address of Provider:
The Ranch Recovery Centers, Inc.
7885 Annandale Ave
Desert Hot Springs, CA 92240-1419
INSURANCEINVENTORY
LIABILITY INSURANCE POLICY
Name of Provider's Insurance Compan 14d.21, W<A T—d2w�r:1� �ns�ar0.✓uc� AID'
Effective Dates of Policy 0-1 0T o1�j
Claims Made Policy / / Per Occurrence Policy -7/ 1 / 2n 15
Limits of Liability I,000, 00o 30o0 . 000
Deductibles:
Per Occurrence O
Annual AggregatA ' .,bWt000
Additional Insured Endorsement (Certificate Holder) 0 Yes ❑ No
Original Certificate of Insurance Attached ❑Yes 0 No
WORKER'S COMPENSATION POLICY
Name of Provider's Insurance Company Stu,4e— Tame(
Effective Dates 0-1 1 01 12,0 1 5
Limits of Liability '4 1 i 000 OOo
Underlying Coverage Limits$ I.COO 00 O
Original Certificate of Insurance Attached ❑Yes 0 No
CITY OF PALM SPRINGS
EXHIBIT F
Request for Reimbursement
Proiect(Activity Title: Project Number:
The Ranch Recovery Centers, Inc. 1 0002
Energy-Efficiency Retrofitting
Name/Address of Provider:
The Ranch Recovery Centers, Inc.
7885 Annandale Ave
Desert Hot Springs, CA 92240-1419
BENEFICIARY QUALIFICATION STATEMENT
ther—
Construction/Rehabilitation $80,783.
$80,783.
I CERTIFY THAT, (a) the City of PALM SPRINGS, 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 Agreement or grant pursuant to FMC-74-4 8 24 CFR Part 58;(c) this agency is in full
compliance with all applicable provisions under the terms of the Contractor grant; and (d) this agency is in full
compliance with all applicable tax laws and hereby affix original signatures.
PREPARED BY: APPROVED BY:
TOM VXcV'MrSq -Pr"/Ca
Name, Title, Date Name, Title, Da e
City of PALM SPRINGS Use Only
Audited by: Examined by: Approved by:
If necessary, additional sheet(s)must be attached detailing cost breakdowns, and verified by original signatures.
CITY OF PALM SPRINGS
EXHIBIT G
Employment Restrictions
1. Labor Standards
The PROVIDER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as
amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C.
276a-276a-5:40 USC 327 and 40 USC 276c)and all other applicable Federal,state and local laws and regulations pertaining
to labor standards insofar as those acts apply to the performance of this contract. The PROVIDER shall agree to submit
documentation provide by the CITY which demonstrates compliance with hour and wage requirements of this part.
The PROVIDER agrees that, all general contractors or subcontractors engaged under contracts in excess of$2,000.00 for
construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply
with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the
regulations of the Department of labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to joumeyworkers; provided, that if wage rates higher than those required under the regulations are
imposed by slate and local law, nothing hereunder is intended to relieve the PROVIDER of its obligation, if any, to require
payment of the higher wage. The PROVIDER shall cause or require to be inserted in full,in all such contracts subject to such
regulations,provisions meeting the requirements of this paragraph.
2. "Section 3 Clause"
a. Compliance
Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135, and all applicable rules and orders
issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided
under this Contract and binding upon the CITY, the PROVIDER and any of the PROVIDER'S subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the CITY, the PROVIDER and any of the PROVIDER'S
subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through
which Federal assistance is provided. The PROVIDER certifies and agrees that no contractual or other disability exists
which would prevent compliance with these requirements.
The PROVIDER further agrees to comply with these "Section 3" requirements and to include the following language in all
subcontracts executed under this Agreement:
"The work to be performed under this contract is a project assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.0 1701. Section 3 requires that to the greatest extent feasible opportunities for training
and employment be given to low- and very low-income residents of the project area and contracts for work in
connection with the project be awarded to business concerns that provide economic opportunities for low-and very
low-income persons residing in the metropolitan area in which the project is located."
The PROVIDER further agrees to ensure that opportunities for training and employment arising in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low-and very low-income persons residing within the metropolitan area in which the CDBG-
funded project is located:where feasible, priority should be given to low-and very low-income persons within the service area
of the project or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public construction project are given to business
concems that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide
economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project
is located,and to low-and very low-income participants in other HUD programs.
The PROVIDER certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with
these requirements.
b. Notifications
The PROVIDER agrees to send to each labor organization or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's
representative of its 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.