00-1205_HOUSING PROGARMS_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of December, 2000, by
and between the San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Housing Programs ams (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, Agency desires to retain the services of Consultant regarding the
Agency's proposal to provide consultant services to administer the Agency's housing
programs as identified in the attached scope of work; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit'A," attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than June 30, 2003. At his
discretion, the Executive Director of the Agency shall be authorized to extend the
agreement one additional year through June 30, 2004, if it is determined that the
consultant has performed satisfactorily in accordance with the agreement.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
One Hundred and Eight Thousand and Fifteen Dollars ($108,015) annually, as set forth
in Exhibit "B," attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the Agency at the rates set forth in Exhibit "B,"
attached and incorporated herein by reference. Included within the compensation are all
the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the Agency representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the Agency. The Agency will pay monthly progress payments based on
approved invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from Agency
is required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to Agency.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency for the acts and omissions of its subcontractor as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships
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between any subcontractor and Agency. All persons engaged in the work will be
considered employees of Consultant. Agency will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the Agency, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including but
not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by Agency, it shall immediately inform Agency of this and shall not
proceed with further work under this Agreement until written instructions are received from
the Agency.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government. Consultant shall comply with all provisions set forth
in Exhibit C.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to Agency
at least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the Agency shall be in reproducible format.
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All services to be rendered hereunder shall be subject to the direction and approval
of the Agency.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Agency. All such
reports, information, data, and exhibits shall be the property of the Agency and shall be
delivered to the Agency upon demand without additional costs or expense to the Agency.
The Agency acknowledges such documents are instruments of Consultant's professional
services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless Agency, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
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14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the Agency's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the Agency's General Counsel for certification that
the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
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14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
Agency and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To Agency: San Juan Capistrano Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Housing Programs
7441 Garden Grove Boulevard, Suite N
Garden Grove, CA 92841-4209
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing parry shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
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Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SAN JUAN CAPISTRANO
COMMUNITY REDEVEWPMENT AGENCY
0
John Greiner C
HOUSING PROGRAMS
By: '9v. a - ELIk
Deborah Dirnu, Principal
ATTEST:
APPROVED AS TO FORM:
John R. Sha City Attorney
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SCOPE OF WORK
FOR ADMINISTERING THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY HOUSING PROGRAMS
Rental Securement/Subsidy Program - During Fiscal Year 1999-2000 the City's
Community Redevelopment Agency budgeted $100,000 to assist very -low income
households with rental assistance for a maximum two-year period. A portion of the
budget funds also pay for the City's consultant, Comprehensive Housing Services,
Inc. (CHS), to administer the program. CHS, in conjunction with Shelter for the
Homeless, determines applicant eligibility, works with the applicant and landlord to
execute the leases and other required documentation, pays the monthly rental
subsidy payments to the landlords, provides monthy counseling and unit
inspections, and ensures that applicants comply with the program rules and
regulations. Currently, three households are being assisted. Another $100,000 has
been budgeted for this program in Fiscal Year 2000-2001.
The Agency's housing consultant will be responsible for overseeing the general
operations of CHS in administering this program, taking phone calls from the public
regarding the program, mailing out flyers to the public to be added to the waiting list,
determining if a household should be considered to receive a formal application,
processing Agency rental subsidy payments to the consultant, working with CHS
regarding the program status, and monitoring the Agency's budgeted funds and
expenditures.
2. Title 25 Health and Safety Repairs - The Community Redevelopment Agency has
selected Mobile Home Inspectors to perform Title 25 health and safety inspections
in the City's seven mobile home parks over a three-year period. Four mobile home
parks have been completed, and the three remaining parks must be completed by
June 30, 2001. The consultant will be responsible for overseeing this program to
ensure that the final three mobile home park inspections have been completed by
June 30, 2001.
Typical duties of the housing consultant will include coordinating and attending
meetings with the park residents and Mobile Home Inspectors prior to and
immediately following the inspections; mailing the violation notices to mobile home
park residents upon completion by Mobile Home Inspectors; distributing grant
applications; preparing correspondence regarding compliance and grant application
submittal deadlines; determining applicant eligibililty for the Title 25 grants;
processing grant applications; coordinating and overseeing the work of Mobile
Home Inspectors; processing grant payment authorizations for completed repair
work; tracking and monitoring grant payments for reporting to the State of California
(CDBG matching funds); responding to public inquiries regarding the program and
EXHIBIT A
Scope of Work (continued) -2-
the inspections; working with the City's Building Official regarding inspection
disputes; and forwarding violation notices to code enforcement if corrective work
has not been completed by the deadline dates.
Miscellaneous Housina Administration Services - In addition to the above programs,
the selected consultant will provide general housing administration services,
including, but not limited to, providing technical assistance to staff in preparation of
required State, County and Federal reporting documents; developing new programs;
revising existing programs; researching and answering general housing program
questions; making program recommendations; preparing agenda items, reports and
correspondence (memos and letters); attending applicable City Council, Community
Redevelopment Agency, Planning Commission, and Housing Advisory Committee
meetings; attending applicable training meetings, staff meetings, and conferences;
responding to all public inquiries regarding the City's housing programs (phone calls
and at public counter on two designated days during the week); preparing handouts
and flyers regarding the City's housing programs; maintaining department housing
files and records; and processing and tracking loan payoffs and lien releases.
EXHIBIT B
HOUSING PROGRAMS FEE SCHEDULE
COMMUNITY REDEVELOPMENT
AGENCY PROGRAMS
HOUSING PROGRAMS
Annual
Annual
Housing Program/Tasks
Hourly Rate
Program Fees
Program Costs
Rental Subsidy & Securement
$45
$4,680
Program Oversight
Title 25 Health & Safety Repairs
$50
$2,600
Oversight of 3 Mobile Home Parks
(estimated at 2 hours per week)
Process grant applications
$175/per application
$17,500
and determine eligibility
(estimated at 100 grants per
year)
Coordinate with consultant to
$50
$2,600
verify completion of work
Process grant payments
$25/per grant
$2,500
Conduct follow-up
$75/per inspection
$375
inspections, if
necessary (based upon 5)
Miscellaneous Housing
$45
$77,760
Administration Services
TOTAL ANNUAL AGENCY NOT TO
$108,015
EXCEED COST:
EXHIBIT B
STANDARD CONTRACT LANGUAGE:
ALL CONTRACTS AND SUBCONTRACTS
The Civil Rights, HCD, and Age Discrimination Acts Assurances:
During the performance of this Agreement, the Grantee assures that no otherwise qualified
person shall be excluded from participation or employment, denied program benefits, or be
subjected to discrimination based on race, color, national origin, sex, age, or handicap, under
any program or activity funded by this contract, as required by Title VI of the Civil Rights
Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended,
and the Age Discrimination Act of 1975, and all implementing regulations.
2. The Training, Employment, and Contracting Opportunities for Business and Lower Income
Persons Assurance of Compliance:
a) The work to be performed under this Agreement is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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 for
Work in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area of the project.
b) The parties to this Agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR Part 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are under no contractual or other disability
which would prevent them from complying with these requirements.
c) The Grantee will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, if
any, a notice advertising the said labor organization or worker's representative of his
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or
training.
d) The Grantee will include these Section 3 clauses in every contract and subcontract
for Work in connection with the project and will, at the direction of the State, take
appropriate action pursuant to the contract upon a finding that the Grantee or any
contractor or subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR Part 135 and, will not let any contract
C.\WINDO WS\TEW\STANDARD CONTRACT LANGUAGE. d.
EXHIBIT C
unless the Grantee or contractor or subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of the Agreement shall be a condition of the Federal financial
assistance provided to the project, binding upon the Grantee, its successors, and
assigns. Failure to fulfill these requirements shall subject the Grantee, its contractors
and subcontractors, its successors, and assigns to those sanctions specified by the
grant or contract through which Federal assistance is provided, and to such sanctions
as are specified by 24 CFR Part 135.
State Nondiscrimination Clause:
During the performance of this contract, contractor and its subcontractors shall not
unlawfully discriminate against any employee or applicant for employment because
of race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, age (over 40) or sex. Contractors and subcontractors shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and subcontractors shall
comply with the provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7258.0 et seq.) The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of
the California Code of Regulations are incorporated into this contract by reference
and made a part hereof as if set forth in full. Contractor and its subcontractors shall
give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
2. This contractor shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under the contract.
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STANDARD SOLICITATION FOR BID AND CONTRACT LANGUAGE -
CONSTRUCTION OVER $10,000
A. Equal Opportunity Clause. During the performance of this contract, the contractor agrees as
follows:
1. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The 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, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
3. The contractor will send to each labor union or representative of workers with which
the contractor has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and
accounts by the administering agency 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 noncompliance with the discrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further government contracts or Federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
C\WM OWS\TEM%STANDARD CONTRACT LANGUAGE doe
by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided
by law.
7. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 504 of Executive Order 11246 of September 24,
1965, 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 administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in Federally
assisted construction work;ron vided, that if the applicant so participating is a State
or local government, the above equal opportunity clause is not applicable to any
agency, instrumentality, or subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government
contracts and Federally assisted construction contracts, pursuant to the Executive
Order and will cant' out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, or suspend in whole or in part this grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance
to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from
such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
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C:\WMDOW S\TEM%STANDARD CONTRACT LANGUAGE. d.
B. Federal Equal Employment Opportunity Construction Contract Specifications.
As used in these specifications:
a. "Covered area" means the geographical 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, U.S. Treasury
Department Form 941.
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin).
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin, regardless of
race).
(3) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, southeast Asia, the Indian
subcontinent or the Pacific Islands).
(4) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation
or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the notice
which contains the applicable goals for minority and female participation and which
is set forth in the solicitations from which this contract resulted.
If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U. S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the plan area
(including goals and timetables) shall be in accordance with that plan for those
trades which have unions participating in the plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each contractor or subcontractor participating in an approved plan
is individually required to comply with its obligations under the EEO clause, and to
make a good faith effort to achieve each goal under the plan in each trade in which it
has employees. The overall good faith performance by other contractors or
C \WINDOWS\TEMP\STANDARD CONTRACT LANGUAGE d.c
subcontractors toward a goal in an approved plan does not excuse any covered
contractor's or subcontractor's failure to take good faith efforts to achieve the plan's
goals and timetables.
4. The contractor shall implement the specific affirmative action standards provided in
paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the
total hours of employment and training of minority and female utilization the
contractor should reasonably be able to achieve in each construction trade in which it
has employees in the covered area. Covered construction contractors performing
construction work in geographical areas where they do not have a Federal or
Federally -assisted construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may
be obtained from any Office of Federal Contract Compliance Programs or from
Federal procurement contracting officers. The contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the period
specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom the contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the contractor's obligations under these
specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees must be employed by the
contractor during the training period, and the contractor must have made a
commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be
trained pursuant to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
contractor shall document these efforts fully and shall implement affirmative action
steps at least as extensive as the following:
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C,\WINDOWMTEMMSTANDARD CONTRACT LANGUAGE doe
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor's employees are assigned to work. The contractor, where
possible, will assign two or more women to each construction project. The
contractor shall specifically ensure that all foremen, superintendents, and
other on-site supervisory personnel are aware of and carry out the
contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or
in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the contractor or its unions
have employment opportunities available, and maintain a record of the
organizations' responses.
C. Maintain a current file of the names, addresses and telephone numbers of
each minority and female off -the -street applicant and minority or female
referral from a union, a recruitment source or community organization and of
what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, not employed by the
contractor, this shall be documented in the file with the reason therefore,
along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has
not referred to the contractor a minority person or woman sent by the
contractor or when the contractor has other information that the union
referral process has impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The contractor shall
provide notice of these programs to the sources compiled under 7.b. above.
f Disseminate the contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting
the contractor in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc; by specific review of the policy with
all management personnel and with all minority and female employees at
least once a year; and by posting the company EEO policy on bulletin
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boards accessible to all employees at each location where construction work
is performed.
g. Review at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other
employment decisions, including specific review of these items with on-site
supervisory personnel such as superintendents, general foremen, etc., prior to
the initiation of construction work at any job site. A written record shall be
made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject
matter.
h. Disseminate the contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
contractor's EEO policy with other contractors and subcontractors with
whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and
to minority and female recruitment and training organizations serving the
contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the contractor shall send written
notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after-school summer and
vacation employment to minority and female youth both on the site and in
other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60.3.
1. Conduct at least annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
in. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the contractor's obligations under these specifications are
being carried out.
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n. Ensure that all facilities and company activities are non -segregated except
that separate or single -user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
P. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in
fulfilling one or more of their affirmative action obligations (7.a. through 7.p.). The
efforts of a contractor association, joint contractor -union, contractor -community, or
other similar group of which the contractor is a member and participant, may be
asserted as fulfilling any one or more of its obligations under 7.a. through 7.p. of
these specifications provided that the contractor actively participates in the group,
makes every effort to assure that the group has a positive impact on the employment
of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the contractor's minority and female workforce
participation, makes a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however, is the
contractor's and failure of such a group to fulfill an obligation shall not be a defense
for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non -minority. Consequently, the
contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner (for example, even though the
contractor has achieved its goals for women generally, the contractor may be in
violation of the Executive Order if a specific minority group of women is under-
utilized).
10. The contractor shall not use the goals and timetables or affirmative action standards
to discriminate against any person because of race, color, religion, sex or national
origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred
from government contracts pursuant to Executive Order 11246.
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12. The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implementing regulations,
by the Office of Federal Contract Compliance Programs. Any contractor who fails
to carry out such sanctions and penalties shall be in violation of these specifications
and Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph 7 of these specifications, so as to achieve maximum results
from its efforts to ensure equal employment opportunity. If the contractor fails to
comply with the requirements of the Executive Order, the implementing regulations,
or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company's EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
government and to keep records. Records shall at least include for each employee
the name, address, telephone number, construction trade, union affiliation, if any,
employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate
records.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the application
of requirements for the hiring of local or other area resident (e.g., those under the
Public Works Employment Act of 1977 and the Community Development Block
Grant Program).
16. By the submission of this bid, the bidder, offeror, applicant, or subcontractor
certifies that he/she does not maintain or provide for his/her employees any
segregated facility at any of his/her establishments, and that he/she does not permit
employees to perform their services at any location under his/her control where
segregated facilities are maintained. He/she certifies further that he/she will not
maintain or provide for employees any segregated facilities at any of his/her
establishments, and he/she will not permit employees to perform their services at
any location under his/her control where segregated facilities are maintained. The
bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is
a violation of the Equal Opportunity Clause of this contract. As used in this
certification, the term "segregated facilities" means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms, and other storage or dressing areas,* transportation and housing facilities
provided for employees which are segregated by explicit directive or are in fact
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segregated on the basis of race, color, religion, or national origin, habits, local
custom, or otherwise. He/she further agrees that (except where he/she has obtained
identical certifications from proposed subcontractors for specific time periods)
he/she will obtain identical certifications from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the provisions
of the Equal Opportunity Clause; that he/she will retain such certifications in his/her
files; and that he/she will forward the following notice to such proposed
subcontractors (except where proposed subcontractors have submitted identical
certifications for specific time periods).
*Parking lots, drinking fountains, recreation or entertainment areas.
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