2. 12/19/2007 Subrecipient Agreement
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SUBRECIPIENT AGREEMENT FOR gC= 2';:
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER ~~VE~
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THIS AGREEMENT, entered into this ~ day of 206 a ";fMqnth=and Y~ar)
by and between the City of Key West, Florida, Community Develo ment Office, hereirfaftercwferred to
as "THE CITY", and Monroe County, hereinafter referred to as "SUBRECIPIENT."
WITNESSETH:
WHEREAS, THE CITY has made an application for CDBG Disaster Recovery funding, and
entered into a contract with the Florida Department of Community Affairs, which has received funding
from the Department of Defense Appropriations Act (the Act) 2006 (Public Law 109-148 approved
December 30, 2005), through the U.S. Department of Housing and Urban Development, hereinafter
referred to as "HUD", pursuant to Title I of the Housing and Community Development Act of 1974 (as
amended) and as a result of Hurricane Wilma in 2005; and
WHEREAS, pursuant to the aforesaid application, THE CITY is undertaking certain activities to
use Community Development Block Grant (CDBG) funds to: first meetthe unmet housing needs ofthe
elderly, people with disabilities, farm and fish workers, and persons living in poverty; then to meet the
unmet housing needs of persons in FEMA housing; and finally to meet the unmet housing needs of
low-to-moderate income persons; and
WHEREAS, THE CITY desires to engage the SUBRECIPIENT to accomplish the
aforementioned activities requisite to the accomplishment of THE CITY's goals.
NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations
contained herein, the parties hereto agree as follows:
ARTICLE ONE: DEFINITIONS
1) "CDBG Coordinator" means Meridian Community Services Group, Inc. personnel or
agents acting on behalf of THE CITY that will provide project delivery services to the
City's Community Development Block Grant (COB G) Program.
2) "CDBG Program" means THE CITY's Community Development Block Grant Program.
3) "CDBG Regulations" means 24 CFR 570, Florida State Rule 9B-43, and Federal
Register Volume 71, No. 29, February 13, 2006.
4) "THE CITY" means the City of Key West, Florida, Community Development Office.
5) "Community Development Office" means the City of Key West, Florida, COO, which is
managed by the Housing Authority of the City of Key West, Florida.
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6) "Low and Moderate-Income" means those who fall within the income range set by HUD
for participating in the CDBG program. The HUD income range is contained in
Attachment A-1.
7) "Low and Moderate Income Facility" means the building(s) that are to be repaired using
CDBG funds as outlined in Exhibit A: Subrecipient Scope of Work and, as such, are
owned by or under the control of the SUBRECIPIENT, and are used to provide services
to those who are Low and Moderate-Income.
8) "Program income" means only those funds generated by the Subrecipient from the use
of CDBG funds.
9) "Project Delivery" means the management and implementation of the specific activities
funded through this subrecipient agreement, including the enforcement of applicable
rules and regulations related to the CDBG program, but does not include actual
construction or design.
10) "Non-expendable property" is property that is tangible personal property having a useful
life of one year and acquisition cost of $5,000 or more per unit.
ARTICLE TWO: SCOPE OF SERVICES
THE CITY, shall carry out or cause to be carried out the scope of work described or referred to in the
Exhibit A: Subrecipient Scope of Work, which is attached hereto and made a part hereof. It is in THE
CITY's interest that all activities undertaken by the SUBRECIPIENT are in compliance with the
provisions set forth in the Agreement. Therefore, the CDBG Coordinator will assist the
SUB RECIPIENT in all aspects of compliance with the provisions of this Agreement and will provide
technical guidance and direct project monitoring.
ARTICLE THREE: MODIFICATION OF SCOPE OF SERVICES
This agreement constitutes the sole and complete understanding between the parties and supersedes
all agreements between them, whether oral or written with respect to the subject matter. No
amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by
both parties and incorporated into this Agreement. For any material change in the Scope of Services
or any increase in the compensation for the services, THE CITY and CDBG Coordinator and the duly
authorized representative for the SUBRECIPIENT shall agree in writing to this change. For all other
changes, the CDBG Coordinator and the SUBRECIPIENTS representative shall agree in writing to the
change.
ARTICLE FOUR: READINESS TO PROCEED/TIME OF PERFORMANCE
Execution of this agreement is certification by the SUBRECIPENT of readiness to proceed with the
scope of work outlined in the Exhibit A: Subrecipient Scope of Work of this agreement.
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The timely performance and completion of the required Scope of Work Is vitally important to the
interest of THE CITY. THE CITY shall pay invoices directly utilizing CDBG funds with SUB RECIPIENT
and CDGB Coordinator approval. The SUBRECIPIENT shall provide all required Information and
documentation necessary to complete all services described In Exhibit A: Subreclplent Scope of
Work..
ARTICLE FIVE: CONSIDERATION AND LIMITATION OF COSTS
A. THE CITY shall cause payment to be made to the SUBRECIPIENTs contractor for
allowable costs, determined by THE CITY, in an amount not to exceed $320,000.00 for
the exhibit A: Subreclplent Scope of Work. In the event the project costs exceed the
stated amount, the SUBRECIPIENT shall be responsible for the excess, unless otherwise
approved by THE CITY in writing. The County Administrator Is authorized to amend the
Subrecipient Agreement to accept an amount up to 15 percent (15%) above the above-
referenced grant award In the event that bid prices are higher than anticipated.
B. All improvements specified In exhibit A: Subreciplent Scope of Work shall be put out to
competitive bidding by Subreclplent under a procedure acceptable to THE CITY and federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the
lowest responsive and responsible bidder. Project delivery raIated to this Agreement shall be
provided by the CDBG Coordinator with assistance, as needed, by the SUBRECIPIENT, and
shall be monitored by the CDBG Coordinator and the Florida Department of Community
Affairs, which shall have access to all records and documents related to the project.
C. The CDBG funds are provided as a zero percent (0%) Interest deferred payment loan to the
SUBRICIPIENT with the exception of units of local govemment and public housing
authorities.
ARTICLE SIX: PAYMENTS
A. Invoices that have been reviewed and approved by the SUBRECIPIENT and COBG
Coordinator and THE CITY shall be paid directly by THE CITY utilizing COBG funds. In
both cases, payment will be limited to items In Exhibit A: Subreclplent Scope of Work.
Payments should adhere to the payment schedule contained in the contract between
the SUBRECIPIENT and the contractor.
B. The SUBRECIPIENT shall submit payment requests to THE CITY. These requests will
only be approved If:
1. The contractor's requests for payment have been reviewed and approved by the
SUBRECIPIENT as stated on the Certificate of Payment and the attached
original invoice.
2. This Agreement does not Include reimbursement for project administration
expenses.
3. Upon receipt of the above enumerated documentation, and approval by THE
CITY and the COBG Coordinator, THE CITY will initiate the payment process.
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ARTICLE SEVEN: COMPLIANCE WITH STATE AND FEDERAL RULES,
REGULATIONS AND LAWS
During the performance of this Agreement, the SUBRECIPIENT agrees to provide all required
information and documentation necessary for THE CITY to comply with any applicable state and
Federal laws, rules, regulations and orders listed below which by reference are incorporated and made
a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, rules,
regulations and orders that may be applicable to CDBG activities.
The CDBG Coordinator shall provide assistance to the SUBRECIPIENT in the application of these
law, rules and regulations as they apply to the SUBRECIPIENT's Scope of Work.
APPLICABLE LAWS, RULES AND REGULATIONS
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
4. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246, as amended by Executive Orders 11375 and 12086 -which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
7. 24 CFR 135 - Regulations outlining requirements of Section 3 ofthe Housing and Urban
Development Act of 1968, as amended.
8. Age Discrimination Act of 1973
9. National Flood Insurance Act of 1968
10. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
11. Contract Work Hours and Safety Standards Act
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12. Lead Based Paint Poisoning Preventive Act
13. Section 504 of the Rehabilitation Act of 1973
14. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
15. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as
mandated by the Davis-Bacon Act. HUD Form 401 0, which describes the Davis-Bacon
Act, is included as part of this agreement and must be included in all construction
contracts funded by CDBG. See attachment A-2.
16. Revised Order Number 4 - Regulations that establish guidelines forthe implementation
of Executive Order 11246 as amended by Executive Orders 11375 and 12086, 41 CFR
Part 60-2.
17. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
18. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribe goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
19. Copeland Anti-Kickback Act
20. Florida Statutes, Chapter 112 - which deals with conflict of interest.
21. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
22. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
23. 24 CFR 570, Subpart J - regulations covering standard Granted Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
24.0MB Circular A-133 - concerning annual audits.
25. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
26. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements.
27. Rule 9B-43, Fla. Admin. Code.
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28. Fla. Div. Housing & Community Development Emergency Rule 9B ER 06-1, CDBG
Disaster Recovery Initiative.
29. HUD program requirements for disaster recovery projects as published in Federal
Register, Vol. 71, No. 29 (February 13, 2006).
30. Florida Statutes, Sections 290.0401 through 290.048.
31. Public Law 109-148 2006, approved 12-30-05 allocating Federal funds for Hurricane
Wilma recovery.
ARTICLE EIGHT: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must recognize
THE CITY as the recipient funded by the Florida Department of Community Affairs, the U.S.
Department of Housing and Urban Development and the entity that provided funds for the project. All
projects undergoing improvements must post a project sign.
ARTICLE NINE: MANAGEMENT ASSISTANCE
The CDBG Coordinator will assist the SUB RECIPIENT and provide guidance on CDBG requirements
and their implementation to ensure the timely and efficient completion of the project.
ARTICLE TEN: MAINTENANCE OF RECORDS
The SUBRECIPIENT shall maintain all records required by the CDBG Regulations and as deemed
necessary by the appropriate Office of Management and Budget Circular.
A. The SUBRECIPIENT shall maintain such records, accounts, property records, and
personnel records, as are deemed necessary by the CDBG Coordinator to assure
proper accounting of project funds and compliance with the provisions of this
Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by
CDBG Regulations and shall maintain the following financial records:
1. An invoice and a copy of a warranty for all items purchased and paid for under
standard SUBRECIPIENT procedures.
.8. The SUBRECIPIENT shall collect information recording the eligibility of all beneficiaries
and shall make this information available to THE CITY and the CDBG Coordinator in an
accurate and succinct format. The data will include the total number of beneficiaries,
their income level, race, age, ethnicity, handicap status, and Female Head of Household
data.
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All records and contracts of whatever nature required by this Agreement shall be
available for audit, inspection or copying at any time during normal business hours and
as often as the CDBG Coordinator, THE CITY, HUD, or Comptroller General of the
United States, or other federal agency, may deem necessary. THE CITY shall have the
right to obtain and inspect any audit pertaining to the performance of this Agreement
made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its
records and supporting documentation applicable to the Agreement for five (5) years
after either the resolution of the final audit or HUD approval of the closeout Grantee
Performance Report, whichever is later.
ARTICLE ELEVEN: CONTRACT LIABILITY
THE CITY shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for
assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection
with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties
against the SUBRECIPIENT; and there is no contractual relationship, either express or implied,
between THE CITY and any other person, firm, or corporation supplying any work, labor, services,
goods or materials to the SUB RECIPIENT as a result of its services to THE CITY hereunder.
ARTICLE TWELVE: CONTRACTS
All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be
made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any
work or services contracted hereunder shall be specified by written contract or Agreement and shall be
subject to each Article set forth in this Agreement.
ARTICLE THIRTEEN: CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT
who exercises or has exercised any function or responsibility with respect to CDBG activities assisted
under or who are in the position to participate in a decision making process or gain inside information
with regard to such activities, may obtain a financial interest or benefit from a CDBG assisted activity,
or have a financial interest in any contract, subcontract or agreement with respect to a CDBG assisted
activity or with respect to the proceed of the CDBG assisted activity, either for themselves or those
with whom they have family or business ties, during their tenure or for one year thereafter.
a. CITY and SUBRECIPIENT covenant that neither presently has any interest and shall
not acquire any interest which would conflict in any manner or degree with its
performance under this agreement, and that the only interest of each is to perform
and receive benefits as recited in this agreement.
b. SUBRECIPIENT agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
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unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
c. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a bid,
proposal, or reply on a contract with a public entity for repair or construction of a
public building or public work, may not submit bids on leases or real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
d. Both parties warrant that they have not employed, retained or otherwise had act on
their behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this Agreement without liability and may also, in its
discretion, deduct from the Agreement or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
ARTICLE FOURTEEN: INDEMNIFICATION
To the extent allowed by Section 768.28, Florida Statutes, the SUBRECIPIENT and his Contractor
shall pay on behalf of or indemnify and hold harmless the Florida Department of Community Affairs,
the CDBG Coordinator, THE CITY, its Commissioners, officers, employees, agents, and volunteers
from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or
liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or
Contractor arising out of or in any way connected with the SUBRECIPIENTS or Contractor's (or
officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform
under the terms of this Contract. Pursuant to F .S.S. 725.06(2), the Contractor shall indemnify and hold
harmless the CDBG Coordinator, THE CITY, its Officers and Employees from liabilities, damages,
losses, and costs, including but not limited to, reasonable attorney's fees to the extent caused by the
negligence, recklessness or intentional wrongful conduct of the Contractor and persons employed or
utilized by the Contractor in the performance of the contract. This section of the contract will extend
beyond the term of the contract.
SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the
subject matter of this Agreement, including any expansion or renovation, insured against loss or
damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to
one hundred percent (100%) of the full replacement value of the improvements with a loss payable
clause in favor of THE CITY and SUBRECIPIENT, as their interests may appear. Should a sum of
money become payable by virtue of any loss under such insurance, then the funds shall be applied to
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the repair or reconstruction of the existing improvements which have been damaged, unless the
parties hereto mutually agree to another or different application of insurance proceeds realized.
ARTICLE FIFTEEN: INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as described in
Exhibit "B" attached hereto and made a part thereof.
ARTICLE SIXTEEN: NON-ASSIGNABILITY
The SUBRECIPIENT may not assign this Agreement without the prior written consent of THE CITY.
However, should SUBRECI PI ENT transfer ownership of the Property and Scope of Work described
in Exhibit A: Subrecipient Scope of Work, SUB RECIPIENT shall assign this Agreement to such
subsequent owner and such subsequent owner shall be bound by all the terms and obligation of
SUBRECIPIENT, herein.
ARTICLE SEVENTEEN: HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience
only and shall not affect the construction or interpretation hereof.
ARTICLE EIGHTEEN: PROGRAM INCOME
It is not anticipated that there will be program income under this activity; however, in the event that any
program income is received during the contract, the SUBRECIPIENT must retain such income for use
as specified in this Agreement. Such program income will be immediately reported to THE CITY and
the reimbursement request will be reduced accordingly.
If any income is received after the term of this Agreement, or at the end of the year when all remaining
items have been budgeted, the program income will be returned to THE CITY for proper accounting
into the COBG fund.
ARTICLE NINETEEN: SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination may occur if the SUBRECIPIENT
materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by
either parties, for convenience in accordance with 24 CFR 85.44, which provides for termination for
mutual convenience, or partial termination for specified reasons.
ARTICLE TWENTY: CONDITIONS FOR RELIGIOUS ORGANIZATIONS
COBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on COBG funds, and is herein incorporated by reference.
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ARTICLE TWENTY-ONE: CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid orwill be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative Agreements) and that all SUB RECIPIENTS shall certify and disclose
accordingly.
ARTICLE TWENTY-TWO: DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free
workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD
rules at 24 CFR part 24, subpart F.
ARTICLE TWENTY-THREE: ADDITIONAL DOCUMENTATION
The SUBRECIPIENT, as a condition of being awarded must sign all other documentation required
by THE CITY, including but not limited to, a SUB RECIPIENT Agreement and Contract for
Construction regarding the above-reference property and project as enumerated in the Exhibit A:
Subrecipient Scope of Work. In addition, a Promissory Note and Mortgage will also be required
unless the property is exempt as identified in ARTICLE FIVE: Section C of this document.
ARTICLE TWENTY-FOUR: DUPLICATION OF BENEFIT
The intent of this CDBG program is to provide funds to repair hurricane-damaged facilities where no
other funds are available. In some cases, the SUBRECIPIENT may have received FEMA assistance
and/or private insurance proceeds to repair hurricane-damaged facilities. In any event, the
SUBRECIPIENT must provide documentation to THE CITY that Duplication of Benefit has not
occurred, i.e., that another source offunds has not been made available to effect the same repairs as
those funded with CDBG funds.
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Therefore, the SUBRECIPIENT must document one of the following: That FEMA and/or insurance
proceeds were not received; that FEMA and/or insurance proceeds were received and utilized but did
not adequately address all required repairs; that FEMA and/or insurance proceeds were received and
are held by the SUB RECIPIENT and will be the first funds used to effect the repairs as identified in the
Exhibit A: Subrecipient Scope of Work; or that the SUBRECIPIENT has filed a claim and/or appeal
with FEMA and/or the insurance company and that such claim and/or appeal is actively underway.
In the event the SUBRECIPIENT receives FEMA and/or insurance proceeds during the period of this
agreement for those items identified in Exhibit A: Subrecipient Scope of Work, the SUB RECIPIENT
will inform THE CITY of such settlement in writing. Upon such notification, THE CITY will reduce the
CDBG award by the amount of settlement proceeds intended to repair items in the Scope of Services.
In the event the Scope of Services has been completed and settlement proceeds are subsequently
received, the SUBRECIPIENT will remit to THE CITY that portion of settlement proceeds intended to
repair items in the Scope of Services. THE CITY will treat such funds as program income.
ARTICLE TWENTY-FIVE: AFFORDABILlTY PERIOD.
An Affordability Period often (10) years from the date of execution of this agreement will apply to the
SUBRECIPIENT's facility identified in Exhibit A: Subrecipient Scope of Work. The SUBRECIPIENT
hereby declares its understanding and intent that, during the ten-year Affordability Period, the facility is
to be owned or leased, managed and operated, as a Low and Moderate Income Facility. The
SUBRECIPIENT will maintain records of occupancy as described in Article Ten: Maintenance of
Records, B, for the life of this agreement. In the event the Subrecipient is in default of the terms of
Article Twenty-Five, the terms of repayment, which are outlined in the Mortgage and Note, will be
enforced.
ARTICLE TWENTY-SIX: MISCELLANEOUS
a. No Assignment: Grantor will not assign or subcontract its obligations under this
agreement, except in writing and with the prior written consent of the Board of
County Commissioners.
b. Notice requirement: Any notice required or permitted under this agreement shall be
in writing and hand delivered or mailed, postage prepaid, to the other party by
certified mail, return receipt requested to the following: For County: County
Administrator, 1100 Simonton Street, Key West FL 33040. For City of Key West:
supply name and address for contact.
c. Governing Laws and Venue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and
intended to be performed within the State of Florida. In the event that any cause of
action or administrative proceeding is instituted for the enforcement or interpretation
of the agreement, the CITY and SUBRECIPIENT agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
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Florida Rules of Civil Procedure and usual and customary procedures required by
the Circuit Court of Monroe County.
d. Public Records: Each party to this agreement shall allow reasonable access to and
inspection of all documents, papers, letters, or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, made or
received by the SUBRECIPIENT or CITY in connection with this agreement, and the
SUBRECIPIENT shall have the right to cancel this agreement unilaterally for violation
of this provision by CITY.
e. Severability: If any term, covenant, condition or provision of this agreement shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction
IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first above written.
SUBRECIPIENT :
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Page 120f19
EXHIBIT A: SUBRECIPIENT SCOPE OF WORK
The SUBRECIPIENT will use the CDBG funds for the following:
The Work Write-Up is Addendum to Exhibit A.
This activity will not include the purchase of appliances, furniture or any other equipment that
requires a physical inventory according to Federal Regulations 24CFR 85.32.
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Addendum to Exhibit A
1.0 ROOFING REOUlREMENTS:
(A) Roofing inspections shall be the responsibility of the contractor, allowing a
minimum of 24 hours for coordination of inspections or as directed by the local
building official. Removal of existing roofing shall comply with the ACM report
and recommendations.
(B) Roofmg and re-roofing shall uot be done duriug inclement weather.
(C) Roofing and re-roofing shall include all underlayments, all metal flashing, and all
roof coverings as follows:
1. Re-roofmg requires the re-nailing of the existing
sheathing to meet current building code reqnirement.
2. Metal flashing, valley flashing, chimney flashing,
wall flashing, counter flashing, cantstrips, chimney crickets and
flashing all protrusions through the roof such as pipes, vents and
stacks.
3. Roof covering materials shall be synthetic rubber
membrane for low slope areas and fiberglass shingles in pitched
areas.
4. Fiberglass shingles shall be no less than a Class" A" fire, and wind
rating of 130 MPH such as Owens-Corning Oakridge Pro 40 or equivalent and
shall be provided with no less than a forty (40) year limited warranty, and shall be
attached per manufacturer's specifications.
5. Synthetic Rubber membrane shall be EPDM (Ethylene Propylene
Diene Monomer) single ply rubber membrane roofmg or equivalent. Membrane
roofmg to be installed per manufacturers instructions.
Roofing shall not be installed over existing (old) roofing or on roofs with damaged,
deteriorated or missing sheathing and/or framing, such as trusses or rafters.
Replace any deteriorated roof decking and support members discovered after
removal of roofing materials. Do not cover any replaced decking until unit
measurement can be verified by the owner.
1.1
GUTTERS AND DOWNSPOUTS
(A) The Formed Aluminum Gutter shall be as manufactured by Architectural
Products Company or equivalent. The Gutter shall be 5005-H34 alloy aluminum in
10'0" (305cm) lengths with 6" (15cm) concealed aluminum joint covers. All exposed
aluminum shall have a white fmish.
-1-
Addendum to Exhibit A
The Formed Downspouts shall be as manufactured by Architectural Products
Company or equivalent. The downspouts shall be 5005-H34 alloy aluminum in
10'0" (305 cm) lengths. All exposed aluminum shall have a white finish.
Gutters and downspouts to be installed as per manufacturer's specifications.
Splash Blocks shall be precast concrete products and installed with proper slope
and distance from the building to drain water away from the foundation.
2.0 FLOOR TILE
(A) Preparation of the substrate will involve the removal of any existing adhesive,
grout or deleterious material that will affect the adherence of the new floor tile.
(B) The new tile shall be non-slip surface, size and color to be selected by the owner.
Grout shall be finished smooth and level with floor tile.
(C) Install American Olean Tile Company Ceramic Floor Tiles "Quarry Naturals" or
equivalent. Tiles shall be non slip floor tiles designed to meet ADA standards to
prevent slipping and falls from occurring. Tiles shall have a coefficient of friction
of at least 0.6 when wet.
3.0 TOILETS
(A) Toilets shall be white vitreous china by American Standard or equivalent.
Toilets for handicapped shall be no less than eighteen inches
(18") from fmished floor to seat.
Toilets shall include back flow preventer water control with
volume regulator, flush valve and trip lever.
4.0
DOORS
(A) Interior doors to be replaced with new pre-hung doors including new
hardware. Doors to be similar style as existing units. Remove existing
door frames and jambs. Install doors as per manufacturer's specifications.
Repair any adjacent surfaces that received damage from removal of frames
and jambs. Repairs to be performed to match existing adjacent surfaces.
-2-
Addendum to Exhibit A
5.0
PAINTING
Compliance with the work write-np, manufacturer's specifications and
specifications herein as required. Paint shall be Porter Paint exterior grade latex
based paint or equivalent. Pressure treated wood trim shall be Porter Paint
exterior grade oil based paint or equivalent.
5.1 PREPARATION:
(A) Preparation shall include: cleaning, sanding, scraping, filling holes and
cracks, caulking, sealing, pressure treating, moisture proofing and protection of
surfaces and surrounding areas.
(B) Prepare surfaces prior to applying paint, stain, varnish, etc.
1. Foreign material (nails, hooks, fasteners, wall paper, etc.)
shall be removed unless properly installed and deemed necessary
by the owner.
2. Holes, cracks, and indentations shall be properly filled,
surfaces scraped, cleaned and sanded uniformly smooth.
3. Porous surfaces, chalky surfaces, old painted surfaces,
masonry, such as block, stucco, and concrete slabs, shall be
cleaned and sealed before painting.
4. Proper precautions shall be taken by the contractor and his
painters to protect all surrounding surfaces, flooring, and
landscaping from possible damage and paint splattering.
5.2 APPLICATION OF PAINT:
(A) Paint shall be applied to a mil thickness of no less than five (5) mils per
coat.
(B) For two (2) or three (3) coat application, the fIrst coat shall be prime coat
or sealer coat, as applicable.
(C) A minimum of two (2) coats of paint shall be applied to new surfaces.
Additional coats may be required by the work write-up or to obtain full coverage.
(0) Exterior wood surfaces shall be covered with latex based paint unless
otherwise directed by the work write-up or specifications. All pressure treated
wood shall be painted with oil based paint.
5.3 SELECTION:
-3-
(A)
(B)
6.0
(A)
7.0
(A)
(B)
Addendum to Exhibit A
Owner shall be provided an adequate color selection guide (brochure chart, etc.)
with a wide range of colors to choose from. Contractor shall assure that paiut
selected is appropriate for surface (masonry, exterior wood, etc.).
Owner's choice shall be documented in order to avoid disputes regardiug color.
CEILING FANS
Install Hunter Exterior Fan model uumber 23696 or equivalent. Color to be
selected by Owner.
EXTERIOR CONCRETE FLOORS
Exterior porches shall be thoroughly cleaned and sealed with a bonding agent
associated with the proposed new surfacing material. Prior to applying the
bonding agent, all patching of damaged areas should be performed using epoxy
patching materials for proper bonding of new concrete areas with existing.
Exterior porch paint shall be DRYLOK@EI I-PART EPOXY FLOOR PAINT or
equivalent. Paint shall be applied as per manufacturer's instructions.
-4-
Addendum to Exhibit A
City of Key West, County Wide Disaster Recovery Initiative
CONTRACT #07DB-3V-11-54-02-Z03
WORK WRITE-UP/BID FORM
OWNER:
Monroe County - Bavshore Manor
ADDRESS:
5200 Colle!!e Road. Kev West
PHONE #:
John Kin!! - (305) 292-4431
DATE:
September 7. 2007
The work write-up/bid form is a general outline of the work to be performed. Please refer to the
project specification booklet for detailed instructions for each item noted below.
Asbestos Containing Materials were encountered and are incorporated as part of the work. See
attached ACM report.
Item # System Description of Work Location Price
001 ROOF Replace existing roof shingles and low slope All
PRIMARY roof membrane with new 30 year shingles, and
BID new low slope roof membrane.
Provide a unit price for the replacement of any Unit Price
deteriorated roof decking and support members
discovered after removal of roofing materials.
Re-nail all roof decking to meet current codes.
Install new gutters, downspouts, and splash
blocks throughout.
Asbestos Containing Materials were
encountered and are incorporated as part of
the work. See attached ACM report.
002 FLOORING Replace flooring in all habitable areas of All
PRIMARY building with new skid resistant ceramic tile.
BID Preparation for new flooring shall include the
removal of existing f1oorin~ (including
Owner Signature:
Contractor Signature:
Page 1 of 5
KEY WEST / WWU-BID FORM
Addendum to Exhibit A
recommendations and requirements
documented in the attached ACM report).
Grouting of tiles shall result in a smooth finish.
003 PLUMBING Replace four (4) existing non-handicap toilets Various
PRIMARY with new handicap accessible toilets and
BID handicap grab bars.
004 SEQUENCE Prepare a proposed plan of action providing Timeline
PRIMARY sequencing of events. Sequence of events shall
BID be performed to insure the least disturbance of
residents, temporary relocation of furniture and
equipment, and a timeline for accomplishing
the rehabilitation.
005 DOORS Replace 40 interior doors with new pre-hung Various
ALTERNATE doors, including new hardware.
BID # 1
006 PAINTING Paint exterior of building and trim. All
ALTERNATE
BID # 2
007 CEILING Replace fourteen (14) existing porch fans with Porch
FANS new exterior rated porch fans.
ALTERNATE
BID # 3
008 EXTERIOR Prep and repaint exterior walkway concrete
WALKWAYS (approx. 2250 sq. ft.). See specifications for
ALTERNATE details.
BID # 4
Owner Signature:
Contractor Signature:
Page 2 of 5
KEY WEST / WWU-BID FORM
Addendum to Exhibit A
TOTAL PRIMARY BID>>>>>>>>>>>>>>>
TOTAL ALTERNATE BID # 1>>>>>>>>>
TOTAL ALTERNATE BID # 2>>>>>>>>>
TOTAL AL TERNA TE BID # 3>>>>>>>>>
TOTAL AL TERNA TE BID # 4>>>>>>>>>
One or more of the alternate items may be awarded if funding is available. Bids will be awarded in
the best interests of the City of Key West.
Owner Signature:
Contractor Signature:
Page 3 of 5
KEY WEST / WWU-BID FORM
Addendum to Exhibit A
THIS PAGE MUST BE INCLUDED WITH THE BID FOR IT TO BE VALID
All work to be performed in a workmanlike manner, in accordance with the City of Key
West/Countywide Specifications, local codes, and manufacturer specifications. The contractor shall be
responsible for repairs and/or reinstallations of materials/equipment/fixtures damaged or removed due to
any work item contained herein. Contractors shall properly dispose of all fixtures, materials and other
items removed from the property unless otherwise specified herein. All items must be cost itemized in the
space provided or the bid will be rejected.
Work must be completed and approved within
days ofthe issuance of the Notice to Proceed.
The unit is to be
occupied;
vacant for
days.
I hereby certify that I am licensed by the State of Florida, Department of Business and Professional
Regulation, and that I am eligible to participate in the CDBG program. I also agree that change orders
above the original contract amount shall only be paid for with CDBG funds to correct documented code
violations or to meet Section 8 Housing Quality Standards. Change orders must be approved by the
owner or his representative, the contractor, and local government prior to any initiation of work based
on that change order.
Contractor's Name (Print Name):
Contractor's Signature:
Contractor's Address:
Contractor's Phone Number:
Owner Signature:
Contractor Signature:
Page 4 of 5
KEY WEST / WWU-BID FORM
Addendum to Exhibit A
DATE SUBMITTED:
OFFICIAL USE ONLY
DATE ACCEPTED:
BID OPENED BY:
WITNESSED BY:
DATE OPENED:
TIME:
WORK WRITE-UP PREPARED BY:
Jav Moselev
Date:
October 9. 2007
Owner Signature:
Contractor Signature:
Page 5 of 5
KEY WEST / WWU-BID FORM
EXHIBIT B
INSURANCE
The SUBRECIPIENT shall be responsible for assuring that any contractor selected maintains
adequate insurance for the activities performed under this Agreement.
The contractor shall maintain in force, between the time that the contractor commences the work
provided for in this Agreement and the time that such work is completed, comprehensive public liability
insurance protecting the SUBRECIPIENT for not less than $100,000/$300,000 in the event of bodily
injury, including death, and $100,000 in the event of property damage arising out of the contractor's
operations under this Agreement, whether such operations be by the contractor, any subcontractors or
suppliers engaged by the contractor in connection with such operations, or anyone directly or indirectly
employed by either the contractor or such subcontractors or suppliers, and such insurance or other
coverage as is required by Florida law governing Workman's Compensation.
Before commencing the work provided for in this Agreement, the contractor shall furnish the CDBG
Coordinator with certificates showing that the required insurance is in force. The contractor's
insurance policies shall also be submitted to the CDBG Coordinator for approval, and shall be
endorsed to provide that the policies will not expire or be cancelled or changed until ten (10) days after
written notice of expiration, cancellation or change has been delivered to THE CITY.
The SUB RECIPIENT shall also maintain in force during the same period a property and/or builder's
risk insurance policy adequate to cover the existing property and the work against damage or loss for
which the contractor is not responsible. Coverage shall provide for perils of fire and extended
coverage of other forms of damage and/or loss, to the full insurable value of the property.
Page 14 of 19
ATTACHMENT A-1
INCOME LIMITS FOR THE CITY
HOUSEHOLD SIZE
LOW-MODERATE
1
2
3
4
5
6
7
8
$34,150
$39,050
$43,900
$48,800
$52,700
$56,600
$60,500
$64,400
Page 15 of19
•
�'' Federal Labor Standards Provisions U.S. Department of Housing
HUD Form 4010 and Urban Development
ATTACHMENT A-2 (2) The classification is utilized in the area by the
construction industry; and
Applicability (3) The proposed wage rate,including any bona fide
fringe benefits, bears a reasonable relationship to the wage
The Project or Program to which the construction work rates contained in the wage determination.
covered by this contract pertains is being assisted by the (b) If the contractor and the laborers and mechanics to be
United States of America and the following Federal Labor employed in the classification (if known), or their
Standards Provisions are included in this Contract pursuant to representatives, and HUD sod its designee agree on the
the provisions applicable to such Federal assistance. classification and wage rate(including the amount designated
A.1. (I) Minimum Wages. All laborers and mechanics for fringe benefits where appropriate), a report of the action
employed or working upon the site of the work(or under the taken shall be sent by HUD or its designee to the
United States Housing Act of 1937 or under the Housing Act Administrator of the Wage and Hour Division, Employment
of 1949 in the construction or development of the project,will Standards Administration, U.S. Department of Labor,
be paid unconditionally and not less often than once a week Washington, D.C.20210. The Administrator,or an authorized
and without subsequent deduction or rebate on any account representative, will- approve, modify, or disapprove every
(except such payroll deductions as are permitted by additional classification action within 30 days of receipt and
regulations issued by the Secretary of Labor under the so advise HUD or its designee or will= notify HUD or its
Copeland Act(29 CFR Part 3),the full amount of wages and designee within the 30-day period that additional time is
bona fide fringe benefits(or cash equivalents thereof)due at necessary. (Approved by the Office of Management and
time of payment computed at rates not less than those Budget under OMB control number 1215-0140.)
contained in the wage determination of the Secretary of Labor (c) In the event the contractor,the laborers or mechanics
which is attached hereto and made a part hereof, regardless to be employed in the classification or their representative,
of any contractual relationship which may be alleged to exist and HUD or its designee do not agree on the proposed
between the contractor and such laborers and mechanics. classification and wage rate(including the amount designated
Contributions made or costs reasonably anticipated for bona for fringe benefits, where appropriate). HUD or its designee
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon shall refer the questions, including the views of all interested
Act on behalf of laborers or mechanics are considered wages parties and the recommendation of HUD or its designee, to
paid to such laborers or mechanics, subject to the provisions the Administrator for determination. The Administrator,or an
of 29 CFR 6.5(a)(1)(iv); also, regular contributions made or authorized representative,will issue a determination within 30
costs incurred for more than a weekly period (but not less days of receipt and so advise HUD or its designee or will
often than quarterly)under plans,funds, or programs, which notify HUD or its designee within the 30-day period that
cover the particular weekly period, are deemed to be additional time is necessary. (Approved by the Office of
constructively made or incurred during such weekly period. Management and budget under OMB Control Number 1215-
Such laborers and mechanics shall be paid the appropriate 0140')
wage rate and fringe benefits on the wage determination for (d) The wage rate (including fringe benefits where
the classification of work actually performed,without regard to appropriate)determined pursuant to subparagraphs(1)(b)or
skill,except as provided in 29 CFR part 5.5(a)(4). Laborers or (c)of this paragraph, shall be paid to all workers performing
mechanics performing work in more than one classification work in the classification under this contract from the first day
on which work is performed in the classification.
may be compensated at the rate ;specified for each (III) Whenever the minimum wage rate prescribed in the
classification for the time actually work d therein: Provided, contract for a class of laborers or mechanics includes a fringe
that,the employer's pay-roll records a urately set forth the
time spent in each classification in which work is performed. benefit which is not expressed as an hourly rate, the
The wage determination (includi any additional contractor shall either pay the benefit as stated in the wage
classification and wage rates conform under 29 CFR Part determination or shall pay another bona fide fringe benefit or
5.5(a)(1)(II) and the Davis-Bacon post r (W-1321) shall be an hourly cash equivalent thereof.
posted at all times by the cod`r ctor and its subcontractors at (IV) If the contractor does not make payments to a trustee
the life of the work in a pro; inept ad accessible place or other third person, the contractor may consider as part of
wh it can be easily seen by the work rs. the wages of any laborer or mechanic the amount of any
a An ..ci s af,labor r ,,r m " hanics which is not costs reasonably anticipated in providing bona fide fringe
list h is to be employed benefits under a plan or program. Provided, that the
under the contract shall be classified in conformance with the Secretary of Labor has found, upon the written request of the
wage determination. HUD shall approve an additional contractor, that the applicable standards of the Davis-Bacon
classification and wage rate and fringe benefits therefore only Act have been met. The Secretary of Labor may require the
when the following criteria have been met. contractor to set aside in a separate account assets for the
(1) The work to be performed by the classification meeting of obligations under the plan or program. (Approved
requested is not performed by a classification is the wage by the Office of Management and Budget under OMB Control
determination; and Number 1215-0140.)
A.2. Withholding. HUD or its designee shall upon its own
Page 16 of 19
Federal Labor Standards Provisions U.S. Department of Housing
HUD Form 4010 and Urban Development
action or upon written request of an authorized representative (II)(a) The contractor shall submit weekly for each week in
of the Department of Labor withhold or cause to be withheld which any contract work is performed a copy of all payrolls to
from the contractor under this contract or any other Federal HUD or its designee if the agency is a party to the contract,
contract with the same prime contractor, or any other but if the agency is not such a party,the contractor will submit
Federally assisted contract subject to Davis-Bacon prevailing the payrolls to the applicant, sponsor, or owner, as the case
wage requirements, which is held by the same prime may be, for transmission to HUD or its designee. The
contractor so much of the accrued payments or advances as payrolls submitted shall set out accurately and completely all
may be considered necessary to pay laborers and mechanics, of the information required to be maintained under 29 CFR
including apprentices, trainees and helpers employed by the Part 5.5(a)(3)(i). This information may be submitted in any
contractor or any subcontractor the full amount of wages form desired. Optional Form W-347 is available for this
required by the contract. In the event of failure to pay any purpose and may be purchased from the Superintendent of
laborer or mechanic, including any apprentice, trainee or Documents (Federal Stock Number 029-005-0014-1). U.S.
helper,employed or working on the site of the work(or under Government Printing Office, Washington, D.C. 20402. The
the United States Housing Act of 1937 or under the Housing prime contractor is responsible for the submission of copies of
Act of 1949 in the construction or development of the project), payrolls by all subcontractors. (Approved by the Office of
all or part of the wages required by the contract, HUD or its Management and Budget under OMB Control Number 1215-
designee may,after written notice to the contractor,sponsor, 0149.)
applicant,or owner,take such action as may be necessary to (b) Each payroll submitted shall be accompanied by a
cause the suspension of any further payment, advance, or "Statement of Compliance," signed by the contractor or
guarantee of funds until such violations have ceased. HUD or subcontractor or his or her agent who pays or supervises the
its designee may, after written notice to the contractor, payment of the persons employed under the contract and
disburse such amounts withheld for and on account of the shall certify the following:
contractor or subcontractor to the respective employees to (1) That the payroll for the payroll period contains
whom they are due. The Comptroller General shall make the information required to be maintained under 29 CFR Part
such disbursements in the case of direct Davis-Bacon Act 5.5(a)(3)(i)and that such information is correct and complete;
contracts. (2) That each laborer or mechanic (including each
A.3. (I) Payrolls and basic records. Payrolls and basic helper, apprentice, and trainee) employed on the contract
records relating thereto shall be maintained by the contractor during the payroll period has been paid the full weekly wages
during the course of the work preserved for a period of three earned,without rebate,either directly or indirectly,and that no
years thereafter for all laborers and mechanics working at the deductions have been made either directly or indirectly from
site of the work (or under the United States Housing Act of the full wages earned, other than permissible deductions as
1937,or under the Housing Act of 1949,in the construction or set forth in 29 CFR Part 3;
development of the project). Such records shall contain the (3) That each laborer or mechanic has been paid not
name, address, and social security number of each such less than the applicable wage rates and fringe benefits or
worker,his or her correct classification, hourly rates of wages cash equivalents for the classification of work performed as
paid in I din• rates of on ri tions or costs anticipated for specified in the applicable wage determination incorporated
bo °-'•enefits . ` equivalents thereof of the into the contract.
typ,.s described in Section 1(b)(2)(B)of the Davis-Bacon Act), (c) The weekly submission of a properly executed
dai d weekly number of hours worked deductions and certification set forth on the reverse side of Optional Form
act ' wages paid. Whenever the Secretary of Labor has WH-347 shall satisfy the requirement for submission of the
found under 29 CFR 5.5 (a)(1)(ivi that the wages of any "Statement of Compliance"required by paragraph A.3(11)(b)
laborer or mechanic include the amount of any costs of this section.
reasonably anticipated in providing benefits under a plan or (d) The falsification of any of the above certifications may
program described in Section 1(b)(2)(B) of the Davis-Bacon subject the contractor or subcontractor to civil or criminal
Act,the contractor shall maintain records which show that the prosecution under Section 1001 of Title 18 and Section 231 of
commitment to provide such benefits is enforceable,that the Title 31 of the United States Code.
plan or program is financially responsible,and that the plan or (III) The contractor or subcontractor shall make the records
program has been communicated in writing to the laborers or required under paragraph A.3(i) of this section available for
mechanics affected, and records which show the costs inspection, copying, or transcription by authorized
ant I cap- " • in providing such representatives of HUD or its designee or the Department of
benefits. Contractors employing apprentices or trainees Labor, and shall permit such representatives to interview
under approved programs shall maintain written evidence of employees during working hours on the job. If the contractor
the regulation of apprenticeship programs and certification of or subcontractor fails to submit the required records or to
trainee programs, the registration of the apprentices and make them available, HUD or its designee may, after written
trainees, and the ratios and wage rates prescribed in the notice to the contractor, sponsor, applicant, or owner, take
applicable programs. (Approved by the Office of such action as may be necessary to cause the suspension of
Management and Budget under OMB Control Numbers 1215- any further payment, advance, or guarantee of funds.
0140 and 1215-0017.) Furthermore, failure to submit the required records upon
Page 17 of 19
•
Fecieral Labor Standards Provisions U.S. Department of Housing
HUD Form 4010 and Urban Development
request or to make such records available may be grounds for site shall not be greater than permitted under the plan
debarment action pursuant to 29 CFR Part 6.12. approved by the Employment and Training Administration.
A.4. (I) Apprentices and Trainees. Apprentices. Every trainee must be paid at not less than the rate specified
Apprentices will be permitted to work at less than the in the approved program for the trainee's level of progress,
predetermined rate for the work they performed when they are expressed as a percentage of the journeyman hourly rate
employed pursuant to and individually registered in a bona specified in the applicable wage determination. Trainees
fide apprenticeship program registered with the U.S. shall be paid fringe benefits in accordance with the provisions
Department of Labor, Employment and Training of the trainee program. If the trainee program does not
Administration, Bureau of Apprenticeship and Training, or mention fringe benefits,trainees shall be paid the full amount
with a State Apprenticeship Agency recognized by the of fringe benefits listed on the wage determination unless the
Bureau, or if a person is employed in his or her first 90 days Administrator of the Wage and Hour division determines that
of probationary employment as an apprentice in such an there is an apprenticeship program associated with the
apprenticeship program,who is not individually registered in corresponding journeyman wage rate on the wage
the program, but who has been certified by the Bureau of determination which provides for less that full fringe benefits
Apprenticeship and Training or a State Apprenticeship for apprentices. Any employee listed on the payroll at a
Agency (where appropriate to be eligible for probationary trainee rate who is not registered and participating in a
employment as an apprentice. The allowable ratio of training plan approved by the Employment and Training
apprentices to journeymen on the job site in any craft Administration shall be paid not less than the applicable wage
classification shall not be greater than the ratio permitted to rate on the wage determination for the work actually
the contractor as to the entire work force under the registered performed. In addition, any trainee performing work on the
program. Any worker listed on a payroll at an apprentice job site in excess of the ratio permitted under the registered
wage rate, who is not registered or otherwise employed as program shall be paid not less than the applicable wage rate
stated above, shall be paid not less than the applicable wage on the wage determination for the work actually performed in
rate on the wage determination for the classification of work the event the Employment and Training Administration
actually performed. In addition, any apprentice performing withdraws approval of a training program, the contractor will
work on the job site in excess of the ratio permitted under the no longer be permitted to utilize trainees at less than the
registered program shall be paid not less than the applicable applicable predetermined rate for the work performed until an
wage rate on the wage determination for the work actually acceptable program is approved.
performed. Where a contractor is performing construction on (III) Equal employment opportunity. The utilization of
a project in a locality other than that in which its program is apprentices,trainees and journeymen under this part shall be
registered, the ratios and wage rates (expressed in in conformity with the equal employment opportunity
percentages of the journeyman's hourly rate)specified in the requirements of Executive Order 11246,as amended,and 29
contractor's or subcontractor's registered program shall be CFR Part 30.
observed. Every apprentice must be paid at not less than the 5. Compliance with Copeland Act requirements. The
rate specified in the registered program for the apprentice's contractor shall comply with the requirements of 29 CFR Part
lev-I .f •ro•r-ss expre d as a percentage of the 3 which are incorporated by reference in this contract.
jou • rly rate ed in the applicable wage 6. Subcontracts. The contractor or subcontractor will
deter = nation. Apprentices shall be paid fringe benefits in insert in any subcontracts the clauses contained in 29 CFR
ac ordance with the provisions of the apprenticeship 5.5(a)(1)through (10)and such other clauses as HUD or its
program. If the apprenticeship program does not specify designee may by appropriate instructions require,and also a
fringe benefits, apprentices must be paid the full amount of clause requiring the subcontractors to include these clauses
fringe benefits listed on the wage determination for the in any lower tier subcontracts. The prime contractor shall be
applicable classification. If the Administrator determines that responsible for the compliance by any subcontractor or lower
a different practice prevails for the applicable apprentice tier subcontractor with all the contract clauses in 29 CFR Part
classification, fringes shall be paid in ccordance with that 5.5.
determination. In the event the Bureau cif Apprenticeship and 7. Contracts termination; debarment. A breach of the
Training,or a State Apprenticeship Agency recognized by the contract clauses in 29 CFR 5.5 may be grounds for
Bureau, withdraws approval of an apprenticeship program, termination of the contract and for debarment as a contractor
the contractor 'will no longer be permitted to utilize apprentices and a subcontractor as provided in 29 CFR 5.12.
at I ' -d rate for the work 8. Compliance with Davis-Bacon and Related Acts
performed until an acceptable program is approved. Requirements. All rulings and interpretations of the Davis-
(II)Trainees. Except as provided in 29 CFR 5.15,trainees Bacon and Related Acts contained in 29 CFR Parts 1,3,and
will not be permitted to work at less than the predetermined 5 are herein incorporated by reference in this contract.
rate for the work performed unless they are employed 9. Disputes concerning labor standards. Disputes arising
pursuant to and individually registered in a program which has out of the labor standards provisions of this contract shall not
received prior approval, evidenced by formal certification by be subject to the general disputes clause of this contract.
the U.S. Department of Labor, Employment and Training Such disputes shall be resolved in accordance with the
Administration. The ratio of trainees to journeymen on the job
Page 18 of 19
•
Federal Labor Standards Provisions U.S. Department of Housing
HUD Form 4010 and Urban Development
procedures of the Department of Labor set forth in 29 CFR such District or to such territory), for liquidated damages.
Parts 5, 6, and 7. Disputes within the meaning of this clause Such liquidated damages shall be computed with respect to
include disputes between the contractor (or any of its each individual laborer or mechanic,including watchmen and
subcontractors) and HUD or its designee, the U.S. guards, employed in violation of the clause set forth in
Department of Labor, or the employees or their subparagraph (1) of this paragraph, in the sum of $10 for
representatives. each calendar day on which such individual was required or
10. (I) Certification of Eligibility. By entering into this permitted to work in excess of the standard workweek of forty
contract the contractor certifies that neither it(nor he or she) hours without payment of theovertime wages required by the
nor any person or firm who has an interest in the contractor's clause set forth in subparagraph(1)of this paragraph.
firm is a person or firm ineligible to be awarded Government (3) Withholding for unpaid wages and liquidated
contracts by virtue of Section 3(a)of the Davis-Bacon Act or damages. HUD or its designee shall upon its own action or
29 CFR 5.12(e)(1) or to be awarded HUD contracts or upon written request of an authorized representative of the
participate in HUD programs pursuant to 24 CFR part 24. Department of Labor withhold or cause to be withheld, from
(II)No part of this contract shall be subcontracted to any any moneys payable on account of work performed by the
person or firm ineligible for award of a Government contract contractor or subcontractor under any such contract or any
by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR other Federal contract with the same prime contract, or any
5.12(a)(1) or to be awarded HUD contracts or participate in other Federally-assisted contract subjectto the Contract Work
HUD programs pursuant to 24 CFR Part 24. Hours and Safety Standards Act, which is held by the same
(Ill)The penalty for making false statements is prescribed prime contractor such sums as may be determined to be
in the U.S.Criminal Code, 18 U.S.C. 1001. Additionally,U.S. necessary to satisfy any liabilities of such contractor or
Criminal Code, Section 1010, Title 18, U.S.C., "Federal subcontractor for unpaid wages and liquidated damages as
Housing Administration transactions", provides in part provided in the clause set forth in subparagraph (2) of this
"Whoever, for the purpose of...influencing in any way the paragraph.
action of such Administration...makes,utters or publishes any (4) Subcontracts. The contractor or subcontractor
statement, knowing the same to be false...shall be fined not shall insert in any subcontracts the clauses set forth in
more than $5,000 or imprisoned not more than two years, or ',subparagraph (1) through (4) of this paragraph and also a
both." clause requiring the subcontractors to include these clauses
11. Complaints, Proceedings, or Testimony by in any lower tier subcontracts. The prime contractor shall be
Employees. No laborer or mechanic to whom the wage, responsible for compliance by any subcontractor or lower tier
salary,or other labor standards provisions of this Contract are subcontractor for with the clauses set forth in subparagraphs
applicable shall be discharged or in any other manner (1)through (4)of this paragraph.
discriminated against by the Contractor or any subcontractor C. Health and Safety
because such employee has filed any complaint or instituted (1)No laborer or mechanic shall be required to work
or caused to be instituted any proceeding or has testified or is in surroundings or under working conditions which are
about to testify in any proceeding under or relating to the unsanitary, hazardous,or dangerous to his health and safety
lab, .... . -.. ' -. - o der this Contract to his as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
B. Contract Work Hours and Safety Standards Act. As (2) The contractor shall comply with all regulations
used in this paragraph,the terms"laborers"and"mechanics' issued by the Secretary of Labor pursuant to title 20 part 1926
include watchmen and guards. (formerly part 1518) and failure to comply may result in
(1) Overtime requirements. No contractor or imposition of sanctions pursuant to the Contract Work Hours
subcontractor contracting for any part of the contract work and Safety Standards Act(Public Law 91-54, 83 Stat 96).
whh may require or involve the employment of laborers or (3)The Contractor shall include the provisions of this
mechanics shall require or permit any such laborer or Article in every subcontract so that such provisions will be
mechanic in any workweek in which he or she is employed on binding on each subcontractor. The Contractor shall take
such work to+r ork in excess of forty hours in such workweek such action with respect to any subcontract as the Secretary
unless such i ,orer or mechanic receives compensation at a of Housing and Urban Development or the Secretary of Labor
rate not less than one and one-half times the basic rate of pay shall direct as a means of enforcing such provisions.
for all hours worked in excess of forty hours in such
workweek
(2)Violation;liability for unpaid wages;liquidated
damages. In the event of any violation of the clause set forth
in subparagraph(1)of this paragraph,the contractor and any
subcontractor responsible therefore shall be liable for the
unpaid wages. In addition,such contractor and subcontractor
shall be liable to the United States(in the case of work done
under contact for the District of Columbia or a territory, to
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