Supplementary General Conditions – FED 2 SUPPLEMENTARY GENERAL CONDITIONS FEDERAL AND LOCAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS The work to be performed under this contract is for a project receiving direct federal financial assistance from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant Program. The Program is administered by the City and County of San Francisco (hereinafter as City) through the Mayor's Office of Community Development. The Corporation shall include the following provisions in every subcontract or purchase order relating to the Work Program, unless the Corporation receives the written consent of MOH to the non-inclusion of any such provision. The entity entering into the subcontract with the Corporation shall hereinafter be referred to as the "Subcontractor. No Guaranty or Liability of CCSF. This agreement is between the Corporation and the Subcontractor, and all payments due and owing hereunder shall be payable by the Corporation. In no event shall the City and County of San Francisco or its Mayor's Office of Community Development (the "City") be deemed a guarantor or a party to this agreement, and the City shall have no responsibility for payment and no liability under this agreement under any circumstances. Therefore, the following conditions take precedence over any conflicting conditions in this Contract: I. RESTRICTIONS ON DISBURSEMENTS No money under this Contract shall be disbursed by the Corporation to any subcontractor except pursuant to a written contract which incorporates the applicable conditions in this Contract and in the Supplementary General Conditions. Any purchase of property or services under this agreement must be consistent with applicable Federal, State and local laws as well as the existing and future procurement standards set forth in the Attachment "O" of OMB Circular A-1 1 0, as the same may be amended from time to time. II. CONFLICT OF INTEREST A. Interest of certain employees, agents, consultants, officers and officials. - The Subcontractor covenants that, except for approved eligible administrative or personnel costs, no employee, agent, consultant, officer or official of the City and County of San Francisco, the Corporation, the Subcontractor or any other subrecipient of Community Development Block Grant ("CDBG') funds (as defined in 24 CFR 570.204) who exercises or has exercised any functions or responsibilities with respect to activities assisted by CDBG funds or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a personal or financial interest in or benefit from the activities to be performed under this Contract, or have an interest in any other contract, subcontract or agreement with respect to such activities, or in the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure and for one year thereafter. In order to carry out the purpose of this section, the Subcontractor shall incorporate, or cause to be incorporated, in all contracts, subcontracts and agreements relating to activities to be performed under this Contract, a provision similar to that of this section. B. This paragraph shall be interpreted in such a way so as to not unreasonably impede the statutory requirement that maximum unreasonably impede the statutory requirement that maximum opportunity be provided for employment or participated by residents of the project area which in the case of Community Development funded projects is San Francisco. III. DISCRIMINATION PROHIBITED The Subcontractor covenants and agrees not to discriminate on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status) against any employee of, any City employee working with, or applicant for employment with the Subcontractor, in any of the Subcontractor’s operations within the United States, or against any person seeking accommodations, advantages, Federal Appendix Page 3 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the Subcontractor. The provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code are incorporated herein by this reference, and Subcontractor agrees to comply such provisions. The Subcontractor hereby promises with respect to the expenditure of funds provided under this Contract utilized in whole or in part for the implementation of the Community Development activity, which is the subject of this Contract that it will comply with: A. Title VI of the Civil Rights Act of 1964 (P.L. 88-353), and in Accordance with Title VI of that Act, no person in the United States shall on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the program or activity funded by this Contract. If any real property or structure thereon is provided or improved with the aid of the monies provided under this Contract, the provision shall obligate the Subcontractor, or in the case of any transfer of such property, any transferee, for the period during which the real property of structure is used for a purpose for which funds under this Contract have been provided or for another purpose involving the providing of similar services or benefits. B. Title VIII of the Civil Rights Act of 1968 (P.L. 96-284) as amended, and will administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. C. Section 109 of the Housing and Community Development Act of 1974 (42 USC 5409), and in conformance with all requirements imposed by or pursuant to that Section; and in accordance with that Section, no person in the united States shall, on the basis of race, color, national origin, sex, or disabilities, if otherwise qualified be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the Community Development funds. D. Executive Order 11063, on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in the sale, leasing rental or other disposition of residential property and related facilities including land to be developed for residential use or occupancy. Thereof, where such property and related facilities are provided in whole or in part with funds under this Contract. E. Executive Order 11246, as amended by Executive Order 11375 and as supplemental in Department or Labor Regulations (41 CFR, Part 60) regarding Equal Employment Opportunity: 1. During the performance of this Contract, the Subcontractor agrees as follows: a. The Subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subcontractor 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 Subcontractor 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. b. The Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Subcontractor will send to each labor union or representative of workers with which he 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 Subcontractor’s commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subcontractor will comply with all provisions of Executive Order I 1 246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor. Federal Appendix Page 4 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 2. IV. e. The Subcontractor 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 his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Subcontractors noncompliance with the nondiscrimination 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 Subcontractor 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 II 246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Subcontractor will include paragraph 2 below in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subcontractor will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Subcontractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subcontractor may request the United States to enter into such litigation to protect the interests of the United States. Non-Segregated Facilities. The Subcontractor certifies that he does not maintain or provide for his employee any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Subcontractor covenants that he will not maintain or provide for his employees any segregated facilities at any of this establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and washroom, restaurants and other storage or dressing areas, parking lots, drinking fountains, recreation or parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or natural origin, because of habit, local custom, or otherwise. OTHER RELEVANT STATUTORY PROVISIONS The Subcontractor hereby promises with respect to the expenditure of funds provided under this contract utilized in whole or in part for the implementation of the Community Development activity which is the subject of this Contract that it will comply with: A. Section 3 of the Housing and Urban Development Act of 1968, relating to training, employment and business opportunities. 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Subcontractor agrees to send to each labor organization or representative of workers with which the Subcontractor has a collective bargaining agreement or other understanding, if any a notice advising the labor organization or workers' representative of the Subcontractors commitments under this Section. 3 clause, and will post copies of the notice in conspicuous places at the work site where Federal Appendix Page 5 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 4. 5. 6. 7. both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Subcontractor will not subcontract with any subcontractor where the subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 25 CFR Part 135. The Subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Subcontractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subcontractors obligations under 24 CFR part 135 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. USE OF PROJECT AREA BUSINESSES AND LOW & MODERATE INCOME RESIDENTS: Section 3 of the Housing and Urban Development Act of 1968 requires documentation of actions undertaken by the City to meet the requirements of 24 CFR 570.506(g)(5) regarding training and employment opportunities for low and moderate income residents of a project area and the use of businesses located in, or owned by persons residing in the project area. Subcontractor and on-site construction must make their best efforts to hire and train persons living in San Francisco, and to use of the services and supplies of San Francisco businesses or businesses that are owned by persons living in San Francisco. Subcontractor and on-site construction subcontractors must not fill positions that were vacant at the time of bid submittal and that might otherwise be filled by San Francisco low-moderate income residents prior to the project's preconstruction conference. The filling of these positions will be discussed at the City's preconstruction conference. The City will assist the Subcontractor and subcontractors in the fulfillment of their best effort requirement to identify San Francisco residents to be provided jobs and training. Subcontractor and on-site construction subcontractors are required to attend the preconstruction conference and at that time will be asked to certify their understanding of and intention to comply with these requirements. B. First Source Hiring RequirementsFirst Source Hiring Requirements. If the Corporation receives in excess of Three Hundred and Fifty Thousand Dollars ($350,000) from MOH for a construction project , the following provisions shall apply:: 1. The Subcontractor shall comply with the hiring requirements imposed by the City's First Source Hiring Ordinance (San Francisco Administrative Code Chapter 83), which are incorporated herein by this reference. The Subcontractor shall notify the City's Workforce Development System (the “WDS”) of all projected Entry Level Positions and the approximate date such positions will be available. It shall also notify the WDS of all vacancies or new positions for work related to the construction contract, and shall offer the WDS the first opportunity to provide qualified Economically Disadvantaged Individuals for employment in these positions. The Subcontractor shall not publicize or otherwise post such vacancies except as specified in Appendix C (the 'First Source Hiring Agreement"), the terms of which are incorporated herein by this reference. Upon request by MOH, the Subcontractor agrees to separately execute the attached First Source Hiring Agreement, although the lack of such a separate execute shall not affect the requirements of the agreement as incorporated herein. 2. The Subcontractor shall keep, and provide to the City, accurate records demonstrating its compliance with the First Source Hiring Ordinance. A failure to abide by the provisions of Section 11.20 may Federal Appendix Page 6 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 result in the imposition of liquidated damages in the amount of $2,070 for every new hire for each Entry Level Position improperly withheld from the First Source Hiring process. Additionally, the Subcontractor may be subject to sanctions and penalties enumerated in San Francisco Administrative Code Sections 6.52, 6.58, and/or 6.60. The Subcontractor shall include these provisions in any contracts it enters into, and any subcontracts, relating to the Work Program. The Subcontractor shall be responsible for ensuring compliance by all such subcontractors. 3. To the extent they overlap, the Subcontractor may comply with the requirements of this section by complying with the Section 3 requirements set forth above. C. Federal Labor Standards: Except with respect to the rehabilitation of residential property designed for residential use for less that eight families, the Subcontractor and all sub-contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ration of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subcontractor of its obligation, if any, to provide payment of the high rates. The Subcontractor shall cause of require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 51.3. No award of contract covered under this section of the Contract shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract Federal Labor Standards Provisions are contained in HUD-4010 which is included in this Contract. D. Hatch Act Prohibition against Political Activity: None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. E. Prohibition against Lobbying: None of the funds provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. F. Compliance with Air and Water and Environmental Acts: 1. This Contract is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. 2. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility which has given rise to a conviction under Section 113 (c) (1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. G. Lead-Based Paint Hazard: The construction of rehabilitation of residential structures with assistance provided under this Contract is subject to the HUD lead-Based Paint regulations, 24 CFR Part 35. Monies provided under this Contract by grant or loan for the rehabilitation of residential structures are subject to the provisions of the elimination of lead-based paint hazards under Subpart B of said regulations. National Environmental Policy Act of 1969: The City has assumed environmental responsibilities under Section 104 (h) of the Housing and Community Development Act of 1974. No funds shall be released under this Contract, until the environmental review process of the Department of City Planning of the City and County of San Francisco for the activity or program which is the subject matter hereof has been successfully passed. Federal Appendix Page 7 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 H. Tropical Hardwood and Virgin Redwood Ban. The City urges companies not to import, purchase, obtain or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product. Except as expressly permitted by the application of Sections 121.3.b and 121.4.b of the San Francisco Administrative Code, the Subcontractor shall not permit any construction with the use of tropical hardwoods, tropical hardwood wood products, virgin redwood, or virgin redwood wood products. In the event the Subcontractor fails to comply in good faith with any of the provisions of Section 121 of the San Francisco Administrative Code, the Subcontractor shall be liable for liquidated damages for each violation in any amount equal to the Subcontractor's net profit on the contract, or five percent (5%) of the total amount of the contract dollars, whichever is greater. I. Architectural Barriers Act of 1968: This Act is applicable to the expenditure of Community Development Block Grant funds and requires that the design of any facility constructed with funds from this Act comply with the "American Standard Specifications for Making Buildings and Facilities Accessible and Usable for the Physically Handicapped." J. Intellectual Property and Plans and Specifications. Any interest of the Subcontractor in drawings, plans, specifications, studies, reports, memoranda, computation sheets, the contents of computer diskettes, or other documents or publications prepared by the Subcontractor in connection with this agreement shall become the property of the City. Notwithstanding the foregoing, the Subcontractor may retain and use copies for reference and as documentation of its experience and capabilities. K. Artwork and Publications. If, in connection with this agreement, the Subcontractor creates artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes or any other original works of authorship or publications, such creations shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such creations shall be the property of the City. If it is ever determined that any such creations are not works for hire under applicable law, the Subcontractor hereby assigns all copyrights thereto to the City, and agrees to provide any material, execute such documents and take such other actions as may be necessary or desirable to effect such assignment. With the prior written approval of the City, the Subcontractor may retain and use copies of such creations for reference and as documentation of its experience and capabilities. L. Compliance with Lobbying Provisions. In addition to, and not in substitution for, other provisions of this agreement, the Subcontractor agrees to the following provisions pursuant to the Housing and Community Development Act of 1992: 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 or will 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. None of the funds, materials, property or services provided directly or indirectly under this agreement shall be used for any partisan political activity, to further the election or defeat of any candidate for public office, or to support or defeat legislation pending before Congress. 4. The Subcontractor shall require that the language of this section be included in all subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This is a material representation of fact upon which reliance was placed when this agreement was made. M. False Claims. Pursuant to San Francisco Administrative Code Section 6.57, any contractor, subcontractor or consultant who submits a false claim shall be liable to the City for three times the amount of damages which the City sustains because of the false claim. A contractor, subcontractor or consultant who submits a Federal Appendix Page 8 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 false claim shall also be liable to the City for the cost, including attorney's fees, of a civil action brought to recover any of those penalties or damages and may be liable to the City for a civil penalty of up to $1 0,000 for each false claim. A contractor, subcontractor or consultant will be deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a) knowingly presents or causes to be presented to any officer or employee of the City (or City's contractor) a false claim or request for payment or approval; (b) knowingly makes, uses or causes to be made or used a false record or statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a false claim allowed, paid or reimbursed by the City; (d) knowingly makes, uses or causes to be made or used a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the City; or (e) is beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time after discovery of then false claim. V. BONDING AND INSURANCE A. The construction or improvement of facilities with assistance under this contract is subject to the bonding and insurance requirements, including fidelity bonds, imposed by State and local requirements, except for contracts exceeding $100,000. For contracts exceeding $100,000, the Subcontractor must provide the minimum bonds and insurance, as follows: 1. A performance bond for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the Subcontractor’s obligations under such contract. 2. A payment bond for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. B. Insurance. In addition to any other insurance required by law or the agreement, the Subcontractor shall maintain, throughout the term of the construction contract, insurance as follows: 1. Workers' Compensation insurance at the statutory limit, including coverage for Employers Liability, with limits of not less than $1,000,000 each accident; 2. Comprehensive General Liability insurance with limits of not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage, including coverage for Contractual Liability, Independent Contractors, Broad Form Property Damage, Products and Completed Operations; 3. Comprehensive Auto Liability insurance with limits of not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage, including coverage for owned, nonowned and hired vehicles; and 4. Builders Risk Insurance for loss or damage to the work in progress for the amount of the contract. C. The Subcontractor shall furnish the Corporation with certificates of insurance for the above coverage prior to the commencement of any work, and the Subcontractor shall verify that the above insurance requirements are maintained throughout the term of the construction contract and during all construction. Upon request, the Subcontractor shall furnish copies of such certificates of insurance to the City. In the event the above insurance is not maintained for any reason, the Subcontractor shall immediately cease all construction activities until such time as the required insurance is resumed. To the extent that any insurance proceeds are not used to rebuild the project, any such proceeds shall be paid to the Corporation, which shall, in return, reimburse the City for amounts disbursed by the City to the Corporation. VI. RECORDS A. Records shall be established and maintained in accordance with requirements prescribed by the U.S. Department of Housing and urban Development (HUD) or the City with respect to all matters covered by this Contract. Except as otherwise authorized by HUD, such records shall be maintained for a period of three years from the date of the submission of the City's annual performance report; except that records that Federal Appendix Page 9 533564322 Revised: 06/19/06 Supplementary General Conditions – FED 2 are the subject of audit findings shall be retained for three years or until such audit finds have been resolved, whichever is later, and records for any displaced person shall be retained for three years after he or she has received final payment. B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible. VII. REPORTS AND INFORMATION At such times, and in such forms as HUD or the City may require, there, shall be furnished to HUD or the City such statements, records, reports, data and information as HUD or the City may request pertaining to matters covered by this Contract. VIII. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the City, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the City, HUD and/or representatives of the Comptroller General for examination all records with respect to all matters covered by this Contract and the Subcontractor will permit the City, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. Federal Appendix Page 10 533564322 Revised: 06/19/06