Agmt12 R.E. Brooker Co., Inc. Painting Contractor

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Each CDBG-R activity, regardless of eligibility category and national objective, will report on the regular CDBG accomplishments and perFormance measures for that activity, and on the number of jobs created and retained, if applicable. 2. Buy America. Contractor agrees to perform the work consistent with the requirements of Section 1605 of the Recovery Act and certifies that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of the project assisted with funds under the Recovery Act are produced in the United States, unless the Secretary approves a waiver for the following reasons: (a) the requirement is inconsistent with public interest; (b) those goods are not reasonably available or produced in sufficient quantity in the U.S.; or (c) the use of the goods will increase the project cost by more than 25 percent. 3. Standard of Service. Contractor warrants to City that it will use and account for all funds provided hereunder strictly in accordance with standards governing the use of, and accountability for, funds held and disbursed in trust. The Project will conform to the highest standards providing for projects of similar or like nature in the San Francisco Bay Area. Contractor will be responsible for, and hold City harmless from, any failure to adhere to such standards. Contractor will verify that all activities funded hereunder benefit only residents within City's corporate limits. 4. City Audit: Monitorinq. City may audit the records and accounts of Contractor for the purpose of verifying expenditures by Contractor of funds provided by City pursuant to this Agreement or verifying statements or analyses made or provided by Contractor under this Agreement. Contractor will promptly respond to, and comply with, any audit exception made or taken by City or appropriate federal agencies relating to Contractor's pertormance or failure to perform under this Agreement. Contractor will, upon demand by City, pay City the full amount owing to City or to the United States Government as a result of any such audit exception. City will monitor Contractor's Project and expenditures made pursuant to this Agreement quarterly to verify Contractor's compliance with this Agreement and local and federal contract requirements. Contractor shall cooperate with City and provide all documents and information requested by City in a timely and accurate fashion. 5. Non-Discrimination and Eaual Opportunitv. Contractor warrants and agrees that, in the pertormance of this Agreement, it will not, in connection with the employment, advancement or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age, except upon the basis of bona fide occupational qualification, retirement plan or statutory requirement, and will not specify, in solicitations or advertisement for employees to work on this Agreement, a maximum age limit, unless such ATTY/AGR/2012.082/BROOCKER PAINTING AGREEMENT-1306 MAIN REV:06-22-12 VR Page 13 of 16