Res 2017-117/Award a contract for CDBG-DR Housing Case Management and Pre-Construction Services

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Attachment "A" Supplemental Conditions for Community Development Block Grant- Disaster Recovery Contracts Compliance with Applicable Laws and Acts. This Project is being partially funded with Community Development Block Grant funds provided to the City of San Marcos, hereinafter known as "the City" by the United States Department of Housing and Urban Development("HUD"). The Contractor shall comply with all applicable federal, state and local laws, regulations and ordinances related in any way to this Contract. Without limiting the foregoing, the Contract is subject to 24 C.F.R. Part 5 and all applicable legal authorities cited therein. Contractor shall notify the City in writing of any failure to comply with applicable laws, regulations, or ordinances, where such failure affects in any way Contractor's ability to provide service(s) under this Contract. Without limiting the foregoing, Contractor shall comply with the following statutes and regulations as they may apply: A. Workers Compensation laws. B. Minimum and maximum salary and wage statutes and regulations, including but not limited to: a. Fair Labor Standards Act of 1938, as amended; b. Equal Pay Act of 1963, PL 88-38; c. The Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 C.F.R. Part 5); d. Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations(29 C.F.R. Part 5);and e. All other applicable regulations implementing the above laws. C. Non-discrimination statutes and regulations,including but not limited to: a) Title VII of the Civil Rights Act of 1964,as amended; b) Section 504 of the Rehabilitation Act of 1973,as amended; c) The Age Discrimination Act of 1975,as amended;and d) All applicable regulations implementing the above laws. Section 1. Required Registrations. The Federal Funding Accounting and Transparency Act requires any consultant or contractor providing services in connection with projects receiving CDBG-DR funding to obtain a Data Universal Numbering System ("DUNS") Section 2. Termination for Cause and for convenience. A. The contract, when executed, may be terminated by either party upon 10 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. B. The City may terminate this Contract for convenience and without cause upon at least 7 calendar days prior written notice to the Contractor. In the event of termination for convenience, the City may require the Contractor to transfer title and deliver to the City in the manner and to the extent directed by the Purchasing Manager: Construction Contract Supplemental Conditions 11 Page