PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET OF 6:00 P.M. ON TUESDAY, OCTOBER 10, 2023.
Mayor Ricky Calais called the meeting to order, the Invocation and the Pledge of Allegiance were recited.
Monthly budget-to-actual comparisons on the General Funds, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the councilmen and Mayor.
Present: Ryan Breaux, Scotty Borel, Eddy LeBlanc, Neil Melancon and Albert
Albert Menard
Absent: None
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the council approved adding as Item # 10 authorize Mayor to advertise for bids on the water ground storage tank repairs.
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried the minutes of the September 12, 2023 Mayor and Board of Aldermen meeting was approved.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried the public hearing on the Fiscal Year 2024/2025 LCDBG was opened.
Upon motion of Albert Menard, duly seconded by Neil Melancon and unanimously carried there being no public input, the hearing was closed.
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried the council authorized the City Engineer to pursue filing application for the LCDBG.
Upon motion of Albert Menard, duly seconded by Scotty Borel and unanimously carried, the Following Resolution to Citizen participation Plan (LCDBG was adopted.
CITIZEN PARTICIPATION PLAN
RESOLUTION
BY THE
City of Breaux Bridge
WHEREAS, the City of Breaux Bridge has been afforded the opportunity to apply and participate in the State of Louisiana 2024/25 Community Development Block Grant Program administered by the Division of Administration; and,
WHEREAS, the STATE requires Grantees to establish procedures to ensure adequate citizen participation with the program;
NOW THEREFORE BE IT RESOLVED, by the City of Breaux Bridge, that the attached policy entitled “Citizen Participation Plan” is hereby adopted.
Passed, approved and adopted by the City of Breaux Bridge, State of Louisiana, on the _10th_ day of October 2023.
/S/Ricky J. Calais Mayor ___________________________________
Ricky J. Calais, Mayor
_/S/ Kristi LeBlanc____________________
Kristi LeBlanc, Clerk
CERTIFICATE
I, Krsiti LeBlanc, Clerk of the City of Breaux Bridge, do hereby certify that the above and foregoing constitutes a true and correct copy of a Resolution passed, approved, and adopted by the City of Breaux Bridge on the 10th day of October , 2023.
_/S/ Kristi Leblanc____________________________
Kristi LeBlanc, Clerk
CITIZEN PARTICIPATION PLAN
The City of Breaux Bridge has adopted the following Citizen Participation Plan to meet the citizen participation requirements of Section 508 of the Housing and Community Development Act of 1974, as amended. The is committed through adoption of this plan to full and total involvement of all residents of the community in the composition, implementation and assessment of its Louisiana Community Development Block Grant (LCDBG) Program. Attempts will be made to reach all citizens, with particular emphasis on participation by persons of low and moderate income, residents of slum and blighted areas and of areas in which funds are proposed to be used. A copy of this plan will be made available to the public upon request.
As part of the citizen participation requirements and to maximize citizen interaction, the City of Breaux Bridge shall:
- Provide citizens with reasonable and timely access to local meetings, information and records relating to the State’s proposed method of distribution, as required by the Secretary, and relating to the actual use of funds under Title I of the Housing and Community Development Act of 1974, as amended;
- Provide for public hearings to obtain views and respond to proposals and questions at all stages of the community development program. These hearings will consist of the development of needs and proposed activities and review of program performance. These hearings will be held after adequate notice, a minimum of five calendar days, at times and locations convenient to potential or actual beneficiaries with accommodations for persons with disabilities;
- Provide for and encourage citizen participation with particular emphasis on
participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used;
- Provide for technical assistance to groups representative of persons of low and
moderate income that request such assistance in developing proposals;
- Where applicable, identify how the needs of non-English speaking residents will be
met in the case of public hearings; and
- Provide for a formal written procedure which will accommodate a timely written
response, within fifteen days where practicable, to written complaints and
grievances. Written minutes of the hearings and an attendance roster will be
maintained by Kristi LeBlanc, Clerk.
PUBLIC HEARINGS
Notices informing citizens of any public hearings will appear in the official journal of the City of Breaux Bridge a minimum of five calendar days prior to the hearing. In addition, notices will also be posted in the City Hall and the hearing will be publicized through local community organizations, i.e., churches, clubs, etc., and/or dissemination of leaflets in the target area. Hearings will be held at times and locations convenient to potential or actual beneficiaries with accommodations for individuals with disabilities and non‐English speaking persons. Whenever possible these hearings will be held within or near the target areas, at times affording participation by the most affected residents.
- APPLICATION:
First Notice/Public Hearing
A. The public hearing to address LCDBG application submittal will be held approximately
Seven calendar days prior to the deadline for submission of the application for the current
funding cycle. The Citizen Participation Plan will be available at the hearing. The public notice
for this hearing will state that the following will be discussed:
- The amount of funds available for proposed community development;
2. The range of activities that may be undertaken, including the estimated amount
proposed to be used for activities that will benefit persons of low and moderate
income;
3. The plans of the City of Breaux Bridge for minimizing displacement of persons
as a result of activities assisted with such funds and the benefits to be provided by
the City of Breaux Bridge to persons actually displaced as a result of such activities;
and
4. The City of Breaux Bridge prior performance of LCDBG programs funded by the State
of Louisiana. In addition, the notice shall state that all citizens, particularly low and
moderate income residents of slum and blighted areas, are encouraged to submit
their views and proposals regarding community development and housing needs.
Those citizens unable to attend this hearing may submit their views and proposals to:
101 Berard Street, Suite A
Breaux Bridge, LA 70517
The notice will also state that accommodations will be made for disabled and non‐English speaking individuals provided a five day notice is received by the City of Breaux Bridge.
Second Notice
A. Seven calendar days, at a minimum, prior to the submittal of the application, a second notice
shall appear in the official journal informing the citizens of the following:
1. Proposed submittal date of the application;
2. Proposed objectives;
3. Proposed activities;
4. Location of proposed activities;
5. Dollar amount of proposed activities; and
6. Location and hours available for application review.
In addition, the notice shall state “all citizens, particularly those affected by the proposed project, are encouraged to review the proposed application and submit any written comments on the application to:”
City of Breaux Bridge
101 Berard Street, Suite A
Breaux Bridge, LA 70517
Negative comments received will be forwarded immediately to the State’s Office of Community
Development, Division of Administration or the application will be withdrawn if necessary.
- AMENDMENTS
Program amendments, which substantially alter the LCDBG project from that approved in the original application, shall not be submitted to the State without holding one public hearing in accordance with the procedures outlined within this Citizen Participation Plan. Minutes of the hearing will be submitted with the request for the amendment. All interested citizens, particularly the low and moderate income, elderly, handicapped, and residents of the project area, shall be made aware and have the opportunity to comment on proposed amendments and/or submit alternative measures.
- GRANTEE PERFORMANCE
The City of Breaux Bridge will hold one performance hearing to solicit the public’s opinion of the effectiveness of the LCDBG Program. The manner of notification will be the same as
previously described for all public hearings. Notification will be made in the official journal
approximately Seven (7) calendar days prior to the anticipated submittal of close‐out documents to the State, and will indicate the date, time, and place of the performance hearing, and invite comments and opinions on the LCDBG activities implemented under the 2024/2025 LCDBG Program being closed out. The notice will also state that accommodations will be made for disabled and non‐English speaking persons provided a Seven day notice is received by the City of Breaux Bridge.
This notice shall invite all interested parties, particularly those low to moderate income residents in the target area to attend. The hearing will be held no sooner than five calendar days from the publication date of said notice.
CONSIDERATION OF OBJECTION TO APPLICATION
Persons wishing to object to approval of an application by the State may make such objection known to:
Office of Community Development
Division of Administration
Post Office Box 94095
Baton Rouge, Louisiana 70804‐9095
The State will consider objections made only on the following grounds:
- The application description of needs and objectives is plainly inconsistent with
available facts and data;
- The activities to be undertaken are plainly inappropriate to meeting the needs and
objectives identified by the applicant; and
- The application does not comply with the requirements set forth in the Final
Statement or other applicable laws.
Such objections should include both an identification of the requirements not met and, in the case of objections relative to (1) above, the complainant must supply the data upon which he/she relied upon to support his/her objection.
BILINGUAL
Whenever a significant number of persons and/or residents of blighted neighborhoods communicate with a primary language other than English attend public hearings, the City of Breaux Bridge will provide an interpreter for dissemination of information to
them providing the is given sufficient notification of Five day(s).
TECHNICAL ASSISTANCE
Technical assistance may be provided directly by the City of Breaux Bridge to any citizen, particularly to low and moderate income persons, residents of blighted neighborhoods and minorities, who request assistance in the development of proposals and statement of views concerning the LCDBG Program. The local officials, administrator and engineer will conduct informational meetings with the residents of the low to moderate income areas if a written request is received by the with at least a one-week notification. The persons who conducts the technical assistance meetings will disseminate information on the program and answer all pertinent questions.
TIMELY ACCESS AND ADEQUATE INFORMATION
The City of Breaux Bridge shall provide timely disclosure of records, information and
documents related to the LCDBG program activities. Documents will be made available for copying upon request at the City of Breaux Bridge, Monday thru Friday, 8:00 a.m. to 4:00
p.m. Such documents may include the following:
A. All meetings and promotional materials.
B. Records of hearings and meetings.
C. All key documents, including prior applications, letters, grant agreements, citizen
participation plans, and proposed applications.
- Copies of the regulations (Consolidated Plans or Annual Action Plans) concerning the
program.
- Documents regarding other important requirements, such as Procurement
Procedures, Fair Housing, Equal Employment Opportunity, Uniform Act, Labor
Provisions and Environmental Procedures.
CITIZEN COMPLAINT PROCEDURE
SECTION 1
It is the policy of the City of Breaux Bridge to review all complaints received by the City of Breaux Bridge.
SECTION 2
The following procedures will be followed on all complaints received by the City of Breaux Bridge:
- The complainant shall notify the City clerk of the complaint. The initial complaint may be expressed orally or by written correspondence.
- The City Clerk will notify the Mayor or designated representative of the complaint within five working days.
- The Mayor will investigate the complaint and will report the findings to the
City Clerk within five working days.
- The City Clerk will notify the complainant of the findings of the Mayor
in writing or by telephone within five working days.
- If the complainant is aggrieved by the decision, he must forward the complaint in
writing (if previously submitted orally) to the City Clerk who will forward the complaint and all actions taken by the Mayor or to the appropriate council committee for their review. This will be accomplished within thirty working days of receipt of the written complaint.
- The reviewing council committee will have ten working days to review the complaint
and forward their decision to the complainant in writing.
- If the complainant is aggrieved with the decision of the Committee, he must notify
The City Clerk in writing that he desires to be afforded a hearing by the City of Breaux Bridge Council. The complainant will be placed on the next regularly scheduled council meeting agenda. The City Clerk will notify the complainant in writing of the date of the hearing.
- The complainant must bring all relevant data, witnesses, etc., to the hearing. The
City of Breaux Bridge Council, at the hearing, will review the complaint and forward within five days a certified copy of the minutes of the meeting at which the hearing was conducted and a decision was rendered to the complainant. If a decision is not reached at the hearing, the City of Breaux Bridge Council will inform complainant of an appropriate date to expect a response. Within fifteen working days of reaching a decision, the complainant will be notified in writing of the decision.
Complaints concerning the general administration of the LCDBG Program may be submitted in writing directly to the:
Division of Administration
Office of Community Development
Post Office Box 94095
Baton Rouge, Louisiana 70804-9095
SECTION 3
All citizen complaints relative to Fair Housing/Equal Opportunity violations alleging discrimination shall be forwarded for disposition to the:
Louisiana Department of Justice
Public Protection Division
Post Office Box 94005
Baton Rouge, Louisiana 70804-9095
The complainant will be notified in writing within 10 days that, due to the nature of the complaint, it has been forwarded to the Louisiana Department of Justice.
OR
Complainant may contact the Louisiana Department of Justice Division directly at the Toll Free
Telephone number 1-877-297-0995, 225-326-6079, 711 or 800‐846‐5277 for TTY users or by
email at HU*@ag.us. The office’s physical address is 1885 N. Third St., Baton Rouge,
Louisiana 70802.
SECTION 4
The City Clerk will maintain a file for the purpose of keeping reports of complaints.
SECTION 5
This policy does not invalidate nor supersede the personnel or other policies of the City of Breaux Bridge which are currently adopted, but is intended to serve as a guide for complaints.
SECTION 6
This policy may be amended by a majority vote at any of the regularly scheduled meetings.
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried the following Resolution pertaining to a Procurement Policy (LCDBG) was adopted.
RESOLUTION
PROCUREMENT POLICY
RESOLUTION
BY THE
City of Breaux Bridge
WHEREAS, the City of Breaux Bridge has been afforded the opportunity to apply and participate in the State of Louisiana 2024/2025 Community Development Block Grant Program administered by the Division of Administration; and,
WHEREAS the STATE requires the establishment of uniform procedures in compliance with OMB Circular A-102;
NOW THEREFORE BE IT RESOLVED, by the City of Breaux Bridge, that the attached policy entitled “Procurement Procedures Relative to the LCDBG Program” is hereby adopted.
Passed, approved and adopted this _10th_ day of _October_ , 2023.
___________________/ Ricky J. Calais
Ricky J. Calais, Mayor
_________________/S/ Kristi LeBlanc
Kristi LeBlanc, Clerk
CERTIFICATE
I, Kristi LeBlanc, Clerk of the City of Breaux Bridge, do hereby certify that the above and foregoing constitutes a true and correct copy of a Resolution passed, approved, and adopted by the City of Breaux Bridge on the _10th_day of _October__ , 2023.
/S/ Kristi LeBlanc__
Kristi LeBlanc, Clerk
PROCUREMENT POLICY
These procedures are intended to serve as guidelines for the procurement of supplies, equipment, construction services and professional services for the LCDBG Program. These guidelines meet the standards established in 2 CFR 200.317-326 and state requirements.
CODE OF CONDUCT
No employee, officer, or agent of the City of Breaux Bridge shall participate in the selection or in the award or administration of a contract supported by LCDBG funds if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award.
No officer, employee or agent of the City of Breaux Bridge shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.
Any alleged violations of these standards of conduct shall be referred to the City of Breaux Bridge
Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution.
PROCUREMENT PROCEDURES
The director or supervisor of each department or agency of the City of Breaux Bridge
responsible for procurement of services, supplies, equipment, or construction obtained with
LCDBG funds shall review all proposed procurement actions to avoid the purchase of
unnecessary or duplicative items. Such reviews shall consider consolidation or breaking out to
obtain a more economical purchase. When determined appropriate by the Director or
Supervisor, an analysis to determine which approach would be the most economical shall be
undertaken.
The City of Breaux Bridge shall take affirmative steps to assure that small and minority firms, women’s business enterprises, and labor surplus firms are solicited whenever they are potential qualified sources. The City of Breaux Bridge shall also consider the feasibility of dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority firms, women’s business enterprises, and labor surplus firms. Where permitted by regulations, delivery schedules will be developed which will include participation by such businesses.
The City of Breaux Bridge shall assist the prime contractor whenever possible by providing copies of lists which identify qualified small and minority firms, women’s business enterprises, and labor surplus area firms.
SELECTION PROCEDURES
ALL procurement carried out with LCDBG funds, where City of Breaux Bridge is a direct party, shall be carried out in a manner that provides maximum free and open competition. Procurement procedures will not restrict or eliminate competition. City of Breaux Bridge shall not place unreasonable requirements on firms in order for them to qualify to do business. Nor will City of Breaux Bridge encourage or participate in noncompetitive practices among firms. The City of Breaux Bridge is alert to organizational conflicts which would jeopardize the negotiation process and limit competition. City of Breaux Bridge will not require unnecessary experience or bonding requirements. Pursuant to state law, all solicitations of offers shall incorporate a clear accurate description of the technical requirements for the material, service, or product to be procured. In competitive procurements, these descriptions shall not contain features which unduly limit competition. The description may include a statement of the qualitative nature of the material, product, or service and the minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications shall be avoided whenever possible. A “brand name or equal” description may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerers shall be clearly stated.
All solicitations of offers shall clearly set forth all requirements which offerers must fulfill and
all other factors to be used in evaluating bids, proposals, or statements of qualifications.
Contracts shall be awarded only to responsible contractors/firms that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement.
Consideration shall be given to such factors as the contractor’s/firm’s capacity, integrity,
compliance with public policy, record of past performance, and financial and technical resources.
METHODS OF PROCUREMENT
Direct procurement by the City of Breaux Bridge shall be made by using one of the following methods depending on the type of service to be procured.
Procurement by Micro-Purchases. Procurement by micro-purchase is the acquisition of supplies
or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold. To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.
Small Purchase Procedures. Relatively simple, informal procurement procedures will be used
where the purchase of materials, supplies, equipment, and/or other property will not cost in the aggregate more than $30,000, and for construction with a cost of less than $150,000, except
where further limited by state law or LCDBG policy. The small purchase procedure can also be
utilized to procure administrative consulting and other professional services costing less than
$150,000. The only exception to professional services is for architectural/engineering services
that must be procured through competitive negotiation. The procurement officer must obtain a
minimum of three oral or written price or rate quotations from qualified sources. Documentation on all quotations received (whether oral or written) shall be made a part of the file. Competitive Sealed Bids/Formal Advertising. Under this procedure bids are publicly advertised in accordance with the state’s Public Bid Law. A firm fixed price contract (either lump sum or unit price) shall be awarded to the responsible bidder whose bid is lowest in price and that conforms to all the material terms and conditions of the advertisement for bids.
Competitive sealed bids can be used ONLY when the following criteria are met: (1) there are
complete, adequate, and realistic specifications or purchase descriptions; (2) there are two or
more responsible bidders who are willing and able to compete effectively; (3) the procurement
can be made on a firm fixed-price contract and selection of the successful bidder can
appropriately be made principally on the basis of price.
When formal advertising is used the following conditions shall be met.
i. The advertisement for bids shall be publicly advertised in accordance with state law.
ii. The advertisement for bids, including the specifications and pertinent attachments, shall
clearly define the items or services needed in order for the bidders to properly respond to
the advertisement.
iii. All bids shall be opened publicly at the time and place specified in the advertisement for
bids.
iv. A firm fixed-price contract award shall be made by written notice to the lowest responsible
bidder whose bid conforms to the advertisement for bids. Where specified in the bid
documents, factors such as discounts, transportation costs, and life cycle costs shall be
considered in determining which bid is lowest. Payment discounts shall only be used to
determine low bid when prior experience indicates that such discounts are generally taken.
v. Notwithstanding the above, any or all bids may be rejected when there are sound
documented business reasons in the best interest of the LCDBG Program.
Competitive Negotiation: Requests for Proposals/Qualification Statements. This method may
be used when formal advertising is not appropriate. Architectural and engineering services
must be procured via requests for qualification statements; administrative consulting services
must be procured via requests for proposals. Other professional services may also be
procured by requests for proposals.
The following procedures will be used for competitive negotiation:
i. Requests for proposals or qualification statements must be advertised in a newspaper in the
nearest metropolitan area in accordance with the rules of the state’s LCDBG Program. All
submittals will be honored and entered into the competition.
ii. The package for proposals or qualification statements shall identify all significant
evaluation factors or selection criteria, including the corresponding point system that will
be used to rate the proposals/qualification statements.
iii. The selecting official (or committee, if one is designated) shall review all proposals and
statements received and make a technical evaluation of each. This shall also include a
written statement that identifies the basis upon which the selection was made.
iv. Contract award will be made to the responsible offerer whose submission is deemed most
appropriate to the City of Breaux Bridge with consideration for price,
qualifications, and other factors set by the local government. Unsuccessful offerers shall
be notified in writing within ten working days of contract award. Documentation of
notification shall be maintained in the contract selection file for the individual project.
v. Following the review of the qualification statements received, the most qualified
competitor will be selected to enter into contract negotiation. This shall always include
negotiation of price to insure cost reasonableness. At the conclusion of successful
negotiation, the competitor shall be invited to enter into a contract.
Noncompetitive Negotiation/Sole Source. Noncompetitive negotiation shall be used when
small purchase, formal advertising, or competitive negotiation procedures are not feasible.
Noncompetitive negotiation will involve solicitations of a proposal from only one source. This
can also occur if solicitations under the competitive negotiation procedures result in only one
proposal or qualification statement. Noncompetitive negotiation shall only be used when
written authorization has been obtained from the state’s Office of Community Development,
with the one exception noted. In order to qualify for this type of procurement, one of the
following circumstances must apply:
i. The item or service is available only from a single source;
ii. It is determined that a public urgency or emergency exists and the urgency will not permit
the delay beyond the time needed to employ one of the other three methods of
procurement.
iii. The state expressly authorizes noncompetitive proposes in response to a written request
from the City of Breaux Bridge.
iv. After solicitation of a number of sources, competition is determined to be inadequate.
CONTRACT PRICING
Cost plus percentage of cost and percentage of construction cost methods of contracting MUST
NOT be used. City of Breaux Bridge shall perform cost or pricing analysis in connection with EVERY procurement action including contract modifications. Costs or prices based on estimated costs for LCDBG projects shall be allowed only to the extent that the costs incurred or the cost estimates included in negotiated prices are consistent with federal cost principals. Cost reimbursement, fixed price, per diem contracts, or a combination thereof may be utilized as appropriate.
A cost reimbursement type contract is most appropriate when the scope and extent of the work to be performed are not clearly defined. A cost reimbursement contract MUST clearly establish a cost ceiling which may not be exceeded without formally amending the contract, and must
identify a fixed dollar profit that may not be increased unless there is a contract amendment that increases the scope of the work.
A fixed price contract is appropriate when the scope of work is very well defined and product
oriented. A fixed price contract MUST establish a guaranteed price that may not increase unless
there is a contract amendment that increases the scope of the work.
A per diem contract expected to exceed $10,000 will not be considered unless City
has determined that a cost reimbursable or fixed price contract is not appropriate. Cost and profit included in the per diem rate MUST be specifically negotiated and shown separately in the proposal. The contract must clearly establish a ceiling price that may not be exceeded without formally amending the contract.
The City of Breaux Bridge may use a multiplier type of compensation under either the
cost reimbursement or fixed price contract. The multiplier and the portions of the multiplier
applicable to overhead and profit must be specifically negotiated and separately identified in the contract.
PROCUREMENT RECORDS
The City of Breaux Bridge shall maintain records sufficient to detail the history of the
procurement. The records shall include the following contract provisions and conditions, as
applicable for construction contracts.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. I the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
(K) Pursuant to LRS 38:2227, public entities are required to obtain an attestation regarding past
criminal convictions, if any, from the lowest bidder responding to advertisements and letting for bids for public works contracts. The Past Criminal Convictions of Bidders form must be included in all contracts for public works.
(L) Pursuant to LRS 38:2212.10, all bidders and contractors performing physical services with
public entities must be registered and participate in a status verification system to verify that all
employees in the state are legal citizens of the United States, or are legal aliens. The
bidder/contractor must sign an attestation that they are complying with this law, and that all
subcontractors will comply with this law.
(M) Pursuant to LRS 23:1726 bidders and contractors must certify that they are not being
assessed penalties regarding unpaid worker’s compensation insurance.
CONTRACT ADMINISTRATION
The City of Breaux Bridge shall maintain contract administration systems that insure contractors/firms perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. The accepted performance of contractors/ firms will be a factor in
subsequent contract negotiations and award. Remedial action by the City of Breaux Bridge through legal processes shall be considered in instances of identified significant nonperformance.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried, the council authorized Mayor Ricky Calais to advertise for bids for the Water Ground Storage Tank repairs.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried the meeting was adjourned.
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Kristi Leblanc, CMS Ricky J. Calais
City Clerk Mayor
