Common use of Trust Funds Clause in Contracts

Trust Funds. Contributions to the International Painters and Allied Trades Industry Pension Fund, IUPAT Annuity Fund and the Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation Initiative 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Industry Pension Fund, the IUPAT Annuity Fund, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension Fund, the IUPAT Annuity Fund, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.

Trust Funds. Contributions 19:01 Where an Employee performs work that would require the Employer to contribute hourly contributions to each of the Trust Funds in the amounts specified in this Collective Agreement, then the Employer shall keep, and shall be deemed to have kept, such amounts separate and apart from his own monies and shall be deemed to hold the sums so deducted in trust on behalf of Employees until the Employer has paid such monies to the International Painters applicable Trust Fund. Further, in the event of any liquidation, assignment, or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf Employees have performed work entitling them to receive contributions to the applicable Fund as is herein before provided for, is deemed to be held in Trust for the Trustees of that Trust Fund and Allied Trades Industry Pension Fundsuch funds shall be deemed to be separate from, IUPAT Annuity and form no part of, the estate in liquidation, assignment, or bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer's own money or from the assets of the estate. The Joint Board of Trustees are hereby empowered and authorized to do all things necessary for the administration of the Funds, including entering into or amending the necessary Trust Agreements on behalf of the Employers and the Union. Each Employer shall furnish a statement of the number of Millwright Employees covered by the Collective Agreement and the hours worked by such Employees. Such statement and contributions to be submitted by the 15th day of the month following the month for which such contributions are payable. For the Apprenticeship Fund and the Finishing Trades Institute Trade Enhancement Fund such statement and contributions to be mailed to the Painters and Allied Trades Labor Management Cooperation Initiative 1Millwrights Union Local 1021. For the duration Health & Welfare Trust Fund and the Group Registered Savings Plan (GRSP) Trust Fund, such statement and contributions to be mailed to Funds Administrative Service Inc., 0xx Xxxxx, 0000-000 Xxxxxx, Xxxxxxxx, Xxxxxxx, X0X 0X0. If any Employer shall fail to remit payments required to be made pursuant to the terms of this AgreementArticle as determined by the Trustees of a Trust Fund, and any renewals or extensions thereof, if such default continues for ten calendar days after the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives payamounts payable are due, the Employer shall make a contribution as per Article 30 of this Agreement pay to the Industry Pension applicable Trust Fund, IUPAT Annuity Fundas liquidated damages (in respect to increased administration costs, FTI the costs of monitoring and enforcing payment, and other costs) and not as a penalty, an amount equal to 10% of the LMCIamount which the Employer has failed to remit. (Contributions must The failure by an Employer to make payments due in each month shall constitute a separate event and of default and shall subject the Employer to payment of liquidated damages as outlined above, provided that, in calculating the amount of liquidated damages payable the amounts due in respect to a preceding period where liquidated damages have been calculated shall not be made for each hour included in calculating further liquidated damages. However, interest calculated at a rate of 2% per month shall accrue and be paid by the EmployerEmployer on any unpaid arrears, except thatincluding liquidated damages, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Industry Pension Fund, the IUPAT Annuity Fund, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive calculated from the Administrator(s) original due date until the date of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the samepayment. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension Fund, the IUPAT Annuity Fund, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.

Trust Funds. Contributions A. All employers shall be required to submit to the International Painters Trust Funds, on a form provided by the Trust Funds, a contribution report form each and Allied Trades Industry Pension Fundevery calendar month, IUPAT Annuity Fund and signed by the Finishing Trades Institute and employer, regardless of whether that employer had any employees for that particular month, together with payment for fringe benefits so reported. The report must be mailed (postmarked) to the Painters and Allied Trades Labor Management Cooperation Initiative Trust Funds, to be postmarked on or before the fifteenth (15th) day of the calendar month following the month in which such hours were worked. The Contribution Report Form shall contain the information described in paragraph C of this Section 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer The employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made pay all fringe benefits for each hour paid worked by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid each employee on behalf of any employee starting with the employee’s first hour of employment in a job classification all work covered by this Agreement, regardless of whether or not the employee is a member of the Union. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The fringe benefit payments will be made to the Industry Pension Fundappropriate trust fund, associated with the IUPAT Annuity FundUnion, Apprenticeship for the fringe benefits described in Appendices A and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. B. The Employer hereby understands, accepts and employer agrees to and shall be bound by all provisions set forth in the Agreement terms and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified aboveconditions, including all any amendments hereafter made, to those trust agreements governing the trusts which sponsor or administer the pension, welfare and modifications made theretoother benefits provided in this agreement, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shallincluding, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Bricklayers And Allied Craftworkers Local No. 3 Health And Welfare Trust, the Bricklayers Local 7 Pension Trust, the Bricklayers Local No. 3 Pension Trust, the Bricklayers And Allied Crafts Local No. 3 Apprentice Training Trust and the International Union Of Bricklayers And Allied Craftsmen Pension Fund. The terms of this Article XIII shall apply to each and every Trust Fund referenced in this Agreement. Each employer hereby agrees that it does irrevocably designate and appoint the Association, the Northern California Xxxxx Contractors Multi-Employer Bargaining Association, its member associations and the employer-appointed trustees of the Trust Funds listed in the preceding sentence as its attorneys in fact for the selection, removal and substitution of trustees as provided in the Trust Agreements as may be provided by or pursuant to said Trust Agreements. B. The Union and/or each Trust Fund, shall be entitled to and may file a legal action to compel production of monthly reports, to compel production of payroll records and other relevant records for audit, and for the collection of any and all wages, fringe benefit contributions, Industry Pension Funds and liquidated damages and interest due and owing by the employer and thereafter may settle or compromise such legal action. In the event it is necessary for the Union or the Trust Funds to obtain legal counsel for any of these purposes, the Union or the Trust Funds shall, in addition to recovering payments of all amounts due and the legal rate of interest thereon, also be entitled to recover from the employer their reasonable attorney’s fees and costs incurred, whether or not any lawsuit is ever initiated. Each Trust Fund and the Union may institute legal proceedings described in the first sentence of this Section 1 (B), including the filing of a lawsuit, without having the matter first heard and determined by the Joint Board. C. Each monthly contribution to the Trust Funds shall be postmarked and mailed on or before the fifteenth (15th) day of the calendar month following the month in which such hours are worked. If not postmarked by the fifteenth (15th) day of the month, the contribution will be considered to be delinquent and subject to liquidated damages and interest. Each employer shall also prepare a monthly transmittal covering each employee who performs work subject to this Agreement setting forth the following information: Name of each employee, each employee’s Social Security Number, the number of hours worked by each employee in the appropriate geographical location, whether the employee is an apprentice or journeyman, and the gross amount of fringe benefits payable. It shall be the responsibility of the employer to make sure the monthly contribution and report form is postmarked by the Post Office on or before the fifteenth (15th) day of the month. If such envelope containing the contribution and report form is postmarked after the fifteenth (15th) day of the month, such report form and contribution shall be considered delinquent, the employer shall be in breach of this Agreement and liquidated damages shall be assessed. The Association, NCPCA and the Union recognize and acknowledge that the regular and prompt payment of employer contributions and report forms is essential to the maintenance of the Trust Funds, and it would be extremely difficult, if not impractical, to fix the actual damage and expense to the Trust Funds which would result from failure of any employer to pay such monthly contributions and furnish contribution forms within the time provided. Therefore, the amount of liquidated damages to the Trust Funds resulting from any such failure shall be presumed to be the sum of one hundred dollars ($100.00) or ten percent (10%) of contributions reported as due, whichever amount is greater. If the delinquency persists over thirty (30) days, the charge will be twenty percent (20%) of the amount due. Such amount shall become due and payable to the Trust Funds by the delinquent employer as liquidated damages and not as a penalty and payable at the place where the contribution is payable on the day immediately following the date on which the contribution became delinquent. In addition to such liquidated damages, the delinquent employer shall also be liable for interest, calculated at 10% per annum, on the amount of the delinquent contributions. D. No employer who is delinquent in contributions due under this Agreement shall be entitled to employ, continue to employ, or request the dispatch of craftworkers under this Agreement. E. The Trustees of each Trust Fund shall have the authority to require any employer, employee, Union or Association signatory to or covered by this Agreement to submit to it any information, data, reports or documents reasonably relevant to and suitable for the purpose of administration of the Trust Fund(s). Upon request by the Trust Fund, each employer signatory hereto shall permit an auditor selected by the Trust Funds to enter upon the premises of such employer at a reasonable time or times and to examine the payroll records, the Federal and State Quarterly Contribution Reports and all other records requested by the auditor as necessary to conduct its inspection. Upon request by the Trustees, each employee covered under this Agreement shall permit an auditor, selected by the Trust Fund(s), to examine the Federal and State Income Tax Returns, W-2’s and other documents requested by the auditor to determine whether the employer or employers of such employee have made full and complete payment of all contributions required by this Agreement. In the event it is determined as a result of such examination that an employer has failed to make full and complete payment of contributions required by this Agreement, then said employer, in addition to immediately paying all amounts found due and owing, including liquidated damages and interest, shall forthwith pay all costs incurred for said examination in addition to any other payments required by this Agreement. The Association, Union, Trust Funds and employers agree that they will use their best efforts to secure compliance with any reasonable request made by any Trust Fund, the IUPAT Annuity FundUnion or the NCPCA for any information, the Finishing Trades Institutedata, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created reports or established documents described in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collectionsthis paragraph. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.

Trust Funds. SECTION 1 Contributions to the International Union of Painters and Allied Trades Industry Pension Fund, The IUPAT Annuity Fund and the Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation InitiativeFTI & IUPAT LMCI 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Union of Painters and Allied Trades Industry Pension Fund (“the Industry Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) FTI and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) IUPAT LMCI for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 30 VI of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Industry Pension Fund, the IUPAT Annuity FundPension, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension FundPlan, the IUPAT Industry Annuity FundPlan, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures. 3. All contributions to the Funds described in paragraph 1 hereof shall be made at such time and in such manner as the Trustees of each respective Fund may require, and the Trustees shall have the authority to have certified public accountant audit the payroll, wage and other relevant records of the Employer for the purpose of determining the accuracy of contributions to each respective Fund. 4. If an Employer fails to make contributions to any of the Funds described in paragraph 1 hereof within twenty 20) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of collecting the payments due, together with the attorneys’ fees and such penalties as may be assessed by the Trustees of each respective Fund. The Employer’s liability for payment under this provision shall not be subject to or covered by any “no strike” clause which may be provided or set forth elsewhere in this Agreement and such provisions shall not apply in the event of a violation of this clause. 5. Each of the respective Funds described in paragraph 1 hereof shall, at all times conform with the requirements of the Internal Revenue Code and other applicable laws and regulations so as to enable the Employer, at all times, to treat contributions to them as a deduction for income tax purposes.

Trust Funds. Contributions A. All employers shall be required to submit to the International Painters Trust Funds, on a form provided by the Trust Funds, a contribution report form each and Allied Trades Industry Pension Fundevery calendar month, IUPAT Annuity Fund and signed by the Finishing Trades Institute and employer, regardless of whether that employer had any employees for that particular month, together with payment for fringe benefits so reported. The report must be mailed (postmarked) to the Painters and Allied Trades Labor Management Cooperation Initiative Trust Funds, to be postmarked on or before the fifteenth (15th) day of the calendar month following the month in which such hours were worked. The Contribution Report Form shall contain the information described in paragraph C of this Section 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer The employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made pay all fringe benefits for each hour paid worked by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid each employee on behalf of any employee starting with the employee’s first hour of employment in a job classification all work covered by this Agreement, regardless of whether or not the employee is a member of the Union. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The fringe benefit payments will be made to the Industry Pension Fundappropriate trust fund, associated with the IUPAT Annuity FundUnion, Apprenticeship and LMCI Funds for the fringe benefits described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. Appendix A. The Employer hereby understands, accepts and employer agrees to and shall be bound by all provisions set forth in the Agreement terms and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified aboveconditions, including all any amendments hereafter made, to those trust agreements governing the trusts which sponsor or administer the pension, welfare and modifications made theretoother benefits provided in this Agreement, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shallincluding, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Bricklayers And Allied Craftworkers Local No. 3 Health And Welfare Trust, the Bricklayers Local No. 3 Pension Trust, the Bricklayers And Allied Crafts Local No. 3 Apprentice Training Trust, the International Union Of Bricklayers And Allied Craftsmen Pension Fund, and the IUPAT Annuity PCC Labor- Management Cooperation Committee. The terms of this Article XIII shall apply to each and every Trust Fund referenced in this Agreement. Each employer hereby agrees that it does irrevocably designate and appoint the Association, the Northern California Xxxxx Contractors Multi-Employer Bargaining Association, its member associations and the employer-appointed trustees of the Trust Funds listed in the preceding sentence as its attorneys in fact for the selection, removal and substitution of trustees as provided in the Trust Agreements as may be provided by or pursuant to said Trust Agreements. B. The Union and/or each Trust Fund shall be entitled to and may file a legal action to compel production of monthly reports, to compel production of payroll records and other relevant records for audit, and for the collection of any and all wages, fringe benefit contributions, Industry Funds and liquidated damages and interest due and owing by the employer and thereafter may settle or compromise such legal action. In the event it is necessary for the Union or the Trust Funds to obtain legal counsel for any of these purposes, the Union or the Trust Funds shall, in addition to recovering payments of all amounts due and the legal rate of interest thereon, also be entitled to recover from the employer their reasonable attorney’s fees and costs incurred, whether or not any lawsuit is ever initiated. Each Trust Fund and the Union may institute legal proceedings described in the first sentence of this Section 1 (B), including the filing of a lawsuit, without having the matter first heard and determined by the Joint Board. C. Each monthly contribution to the Trust Funds shall be postmarked and mailed on or before the fifteenth (15th) day of the calendar month following the month in which such hours are worked. If not postmarked by the fifteenth (15th) day of the month, the contribution will be considered to be delinquent and subject to liquidated damages and interest. Each employer shall also prepare a monthly transmittal covering each employee who performs work subject to this Agreement setting forth the following information: Name of each employee, each employee’s Social Security Number, the number of hours worked by each employee in the appropriate geographical location, whether the employee is an apprentice or journeyman, and the gross amount of fringe benefits payable. It shall be the responsibility of the employer to make sure the monthly contribution and report form is postmarked by the Post Office on or before the fifteenth (15th) day of the month. If such envelope containing the contribution and report form is postmarked after the fifteenth (15th) day of the month, such report form and contribution shall be considered delinquent, the employer shall be in breach of this Agreement and liquidated damages shall be assessed. The Association, NCPCA and the Union recognize and acknowledge that the regular and prompt payment of employer contributions and report forms is essential to the maintenance of the Trust Funds, and it would be extremely difficult, if not impractical, to fix the actual damage and expense to the Trust Funds which would result from failure of any employer to pay such monthly contributions and furnish contribution forms within the time provided. Therefore, the amount of liquidated damages to the Trust Funds resulting from any such failure shall be presumed to be the sum of one hundred dollars ($100.00) or ten percent (10%) of contributions reported as due, whichever amount is greater. If the delinquency persists over thirty (30) days, the charge will be twenty percent (20%) of the amount due. Such amount shall become due and payable to the Trust Funds by the delinquent employer as liquidated damages and not as a penalty and payable at the place where the contribution is payable on the day immediately following the date on which the contribution became delinquent. In addition to such liquidated damages, the delinquent employer shall also be liable for interest, calculated at 10% per annum, on the amount of the delinquent contributions. D. No employer who is delinquent in contributions due under this Agreement shall be entitled to employ, continue to employ, or request the dispatch of craftworkers under this Agreement. E. The Trustees of each Trust Fund shall have the authority to require any employer, employee, Union or Association signatory to or covered by this Agreement to submit to it any information, data, reports or documents reasonably relevant to and suitable for the purpose of administration of the Trust Fund(s). Upon request by the Trust Fund, each employer signatory hereto shall permit an auditor selected by the Trust Funds to enter upon the premises of such employer at a reasonable time or times and to examine the payroll records, the Federal and State Quarterly Contribution Reports and all other records requested by the auditor as necessary to conduct its inspection. Upon request by the Trustees, each employee covered under this Agreement shall permit an auditor, selected by the Trust Fund(s), to examine the Federal and State Income Tax Returns, W-2’s and other documents requested by the auditor to determine whether the employer or employers of such employee have made full and complete payment of all contributions required by this Agreement. In the event it is determined as a result of such examination that an employer has failed to make full and complete payment of contributions required by this Agreement, then said employer, in addition to immediately paying all amounts found due and owing, including liquidated damages and interest, shall forthwith pay all costs incurred for said examination in addition to any other payments required by this Agreement. The Association, Union, Trust Funds and employers agree that they will use their best efforts to secure compliance with any reasonable request made by any Trust Fund, the Finishing Trades InstituteUnion or the NCPCA for any information, data, reports or documents described in this paragraph. F. Reciprocal Agreements permit the payment of certain fringe benefit contributions to the home area of any employee temporarily working in this jurisdiction. Reciprocity payments shall be made in accordance with such Reciprocal Agreements that are agreed to by the Trustees of each Trust Fund. Where Reciprocal Agreements relating to any Trust Fund mentioned in this Agreement are entered into, the Painters Trustees of said Trust Fund are authorized to pay to or collect from the trust funds associated with other local unions in accordance with the Reciprocal Agreement. G. With the exception of the Industry Fund, and Allied Trades Labor Cash Bond Deposits, should any of the above Funds be discontinued for any reason, the contribution to such discontinued Fund of Funds shall be added to the wage rate. H. PCC Labor-Management Cooperation Initiative, Committee - (PCC LMCC) 1. To improve overall communications and disseminate pertinent information between the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections.parties; and 2. a. To seek ways of dealing with problems of mutual concern which are detrimental to the advancement and economic development of the masonry industry; and 3. To do what is lawfully possible to promote union masonry construction, recognizing the mutual threat of unfair competition; and 4. To assist Employers and the Union to achieve job site safety; and 5. To explore joint approaches to achieving organizational effectiveness. The Employer and establishment of the PCC LMCC does not relieve the Union hereby irrevocably designates as of its representatives on obligation to enforce this Agreement. I. In the event the Board of Trustee Trustees of the IUPAT Industry BAC 3 Health and Welfare Trust Fund makes a determination that the full amount of contributions owed by a Contributing Employer will not be paid due to insolvency or any other reason, this section shall determine how any partial payment of contribution amounts owed (“Partial Recovery”) will be allocated. First, the Partial Recovery will be used reimburse the Bricklayers and Allied Craftworkers Local No. 3 Health and Welfare Trust its out-of-pocket expenses paid for collection actions. Out-of- pocket expenses include but are not limited to professional fees and/or litigation fees paid by the Trust. Second, the Partial Recovery shall be applied in the following priority order, with each Class being paid the amount owed to the entities included in the class, in full, before any money is disbursed to the next numbered Class. When there is not enough money to pay the full amount owed to the entities in each Class, those entities shall receive a share of the available money in proportion to each entity’s claim: J. Each year of this Agreement, the Union may allocate a portion of the negotiated wage and benefit package (an hourly amount) to an “ad hoc” supplemental pension benefit for existing retirees. The Union will determine the amount of the hourly supplemental pension benefit contribution and will determine how those monies are allocated among existing retirees. The Employers will play no role in determining the hourly amount of the contribution, how the monies are allocated among retirees and will play no role in administering the supplemental benefit. The Northern California PCC/Restoration Contractors Association, Inc. has agreed to this ad hoc supplemental pension benefit program on the conditions that: (1) the amounts contributed to the supplemental benefit program will not cause active employees to accrue additional pension credits; and (2) the ad hoc supplemental pension benefit program will have no impact on the funding status of the Pension Fund, i.e., the FTI amounts paid to existing retirees as supplemental pension benefits plus the costs of administering the program will not exceed the amount contributed to the program on an annual basis. The Pension Fund actuary will certify on an annual basis that these conditions have been satisfied. 1. Bricklayers Local No. 3 Vacation and the LMCI such Trustees as are now serving, Holiday Fund 2. BAC Local No. 3 working dues 3. International Union of Bricklayers and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.Allied Craftworkers working dues

Trust Funds. Contributions to the International Painters and Allied Trades Industry Pension Fund, IUPAT Annuity Fund and the The Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation Initiative 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 30 VI of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Industry Pension Fund, the IUPAT Annuity FundPension, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension FundPlan, the IUPAT Industry Annuity FundPlan, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.

Trust Funds. Contributions A. Health & Welfare: The Employee trust fund shall be known as the Local Union 739 Health & Welfare Trust Fund. The Health & Welfare Trust Fund shall be financed by employer contributions of: Effective August 1, 2004, .80 cents per each hour worked. Effective May 1, 2005, .85 cents per each hour worked. Effective May 1, 2006, .90 cents per each hour worked. The above mentioned funds are to be remitted to the administrator as selected by the Union together with a list of employee names and amounts remitted on their behalf. This to be remitted by the 15th day of the month following the month in which they were accrued. Local 739 Health & Welfare Trust Fund C/0 Xxxxxxxx & Associates Ltd. 000-000 Xxxxxxxx Xxxxxx Winnipeg, Manitoba R3C 3R8 Phone # (000) 000-0000 -26- B. Pension Plan: Effective August 1, 2004 the Employer shall pay-on behalf of its Employees to the International Union of Painters and Allied Trades Union & Industry Pension FundFund (Canada), IUPAT Annuity the sum of one dollar and fifty cents (1.50) for each hour earned which payment, together with a duly completed Employer Remittance Report Form, shall be remitted to the said Fund and by the Finishing Trades Institute and fifteenth (15th) day of the month following the month for which the contributions are due. Contributions payable by the Employer to the International Union of Painters and Allied Trades Labor Management Cooperation Initiative 1. For the duration of this Agreement, and any renewals or extensions thereof, Union & Industry Pension Fund (Canada) are deemed to be held in trust by the Employer agrees to make payments to for the Trustees of the International Union of Painters and Allied Trades Union & Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”Canada) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement until remitted as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Industry Pension Fund, the IUPAT Annuity Fund, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fundaforesaid. The Employer hereby understands, accepts Parties adopt and agrees agree to be bound by all provisions set forth in the terms and conditions of the Agreement and Declaration of Trust that has been adopted by establishing the parties to each said International Union of the respective Funds identified above, including all amendments Painters and modifications made Allied Trades Union & Industry Pension Fund (Canada) as if original Parties thereto, and as if the Employer hereby agrees to be bound by same formed part of this Collective Agreement. In the event of any of the terms and to conditions of the said Agreements Agreement and Declaration of Trust as though it had actually signed the same. d. The Employer shallare in any way altered, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited added to, or amended, then the IUPAT Industry Pension FundParties to this Collective Agreement shall be bound by the same as if original Parties hereto, and as if the IUPAT Annuity Fund, same formed part of this Collective Agreement. Such remittances and contributions are to be made in accordance with the Finishing Trades Institute, the Painters terms of Section 29 - Unified Remittance of Funds. * It is agreed that all new apprentices (first and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may second year) shall not be created or established participants in the future), upon receipt of Pension until they have attained 2,400 hours while working for a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collectionssignatory contractor. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures.

Trust Funds. Contributions A. All employers shall be required to submit to the International Painters Trusts, on a form provided by the Trusts, a contribution report form each and Allied Trades Industry Pension Fundevery calendar month, IUPAT Annuity Fund and signed by the Finishing Trades Institute and employer, regardless of whether that employer had any employees for that particular month, together with payment for fringe benefits so reported. The report must be mailed (postmarked) to the Painters and Allied Trades Labor Management Cooperation Initiative Trusts on or before the fifteenth (15th) day of the calendar month following the month such hours were worked. The Contribution Report Form shall contain the information described in paragraph C of this Section 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer The employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made pay all fringe benefits for each hour paid worked by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid each employee on behalf of any employee starting with the employee’s first hour of employment in a job classification all work covered by this Agreement, regardless of whether or not the employee is a member of the Union. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The fringe benefit payments will be made to the Industry Pension Fundappropriate trust fund, associated with the IUPAT Annuity FundUnion, Apprenticeship for the fringe benefits described in Appendices A and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. B. The Employer hereby understands, accepts and employer agrees to and shall be bound by all provisions set forth in the Agreement terms and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified aboveconditions, including all any amendments hereafter made, to those trust agreements governing the trusts which sponsor or administer the pension, welfare and modifications made theretoother benefits provided in this agreement, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shallincluding, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Bricklayers And Allied Craftworkers Local No. 3 Health And Welfare Trust, the Bricklayers Local 7 Pension Trust, the Bricklayers Local No. 3 Pension Trust, the Bricklayers And Allied Crafts Local No. 3 Apprentice Training Trust and the International Union Of Bricklayers And Allied Craftsmen Pension Fund. The terms of this Article XIII shall apply to each and every Trust Fund referenced in this Agreement. Each employer hereby agrees that it does irrevocably designate and appoint the Association, the IUPAT Annuity FundNorthern California Xxxxx Contractors Multi-Employer Bargaining Association, its member associations and the Finishing Trades Instituteemployer-appointed trustees of the Trust Funds listed in the preceding sentence as its attorneys in fact for the selection, removal and substitution of trustees as provided in the Painters Trust Agreements as may be provided by or pursuant to said Trust Agreements. B. The Union and/or each Trust, shall be entitled to and Allied Trades Labor Management Cooperation Initiativemay file a legal action to compel production of monthly reports, to compel production of payroll records and other relevant records for audit, and for the IUPAT Political Action Together (and collection of any and all other affiliated International organizations as wages, fringe benefit contributions, Industry Funds and liquidated damages due and owing by the employer and thereafter may settle or compromise such legal action. In the event it is necessary for the Union or the Trusts to obtain legal counsel for any of these purposes, the Union or the Trusts shall, in addition to recovering payments of all amounts due and the legal rate of interest thereon, also be created entitled to recover from the employer their reasonable attorney’s fees and costs, whether or established not any lawsuit is ever initiated. Each Trust and the Union may institute legal proceedings described in the futurefirst sentence of this Section 1 (B), upon receipt including the filing of a written directive to do so lawsuit, without having the matter first heard and determined by the affiliated Funds Joint Board. C. Each monthly contribution to the Trusts shall be mailed (postmarked) on or before on or before the fifteenth (15th) day of the calendar month following the month such hours are worked. If not mailed by the fifteenth (15th) day of the month, the contribution will be delinquent and organizationssubject to liquidated damages. Each employer shall also prepare a monthly transmittal covering each employee who performs work subject to this Agreement setting forth the following information: Name of each employee, each employee’s Social Security Number, number of hours worked by each employee in the appropriate geographical location, whether the employee is an apprentice or journeyman, and the gross amount of fringe benefits payable. It shall be the responsibility of the employer to make all required paymentssure the monthly contribution and report form is postmarked by the Post Office on or before the fifteenth (15th) day of the month. If such envelope containing the contribution and report form is postmark dated after the fifteenth (15th) day of the month, either directly or through an intermediate bodysuch report form and contribution shall be considered delinquent, and the employer shall be in breach of this Agreement and liquidated damages shall be assessed. The Association, NCPCA and the Union recognize and acknowledge that the regular and prompt payment of employer contributions and report forms is essential to the maintenance of the Trusts, and it would be extremely difficult, if not impractical, to fix the “Central Collections” Unit actual damage and expense to the Trusts which would result from failure of any employer to pay such monthly contributions and furnish contribution forms within the time provided. Therefore, the amount of damages to the Trusts resulting from any such failure shall be presumed to be the sum of one hundred dollars ($100.00) or ten percent of all contributions due, whichever amount is greater. If the delinquency persists over thirty (30) days, the charge will be twenty percent (20%) of the International Union and its affiliated Funds and organizationsamount due. Such amount shall become due and payable to the Trusts by the delinquent employer as liquidated damages and not as a penalty and payable at the place where the contribution is payable upon the day immediately following the date on which the contribution became delinquent. In addition to such liquidated damages, the delinquent employer shall also be liable for interest, calculated at 10% per year, on the amount of the delinquent fringe benefit payments. D. No employer who is delinquent in contributions due under this Agreement shall be submitted on appropriate formsentitled to employ, continue to employ, or request the dispatch of craftworkers under this Agreement. E. The Trustees of each Trust shall have the authority to require any employer, employee, Union or Association signatory to or covered by this Agreement to submit to it any information, data, reports or documents reasonably relevant to and suitable for the purpose of administration of the Trust. Upon request by the Trust, each employer signatory hereto shall permit an auditor selected by the Trusts to enter upon the premises of such employer at a reasonable time or times and to examine the payroll records, the Federal and State Quarterly Contribution Reports and all other records relevant to such an audit. Upon request by the Trustees, each employee covered under this Agreement shall permit an auditor, selected by the Trust, to examine the Federal and State Income Tax Returns, W-2’s and other documents reasonably relevant to such purpose to determine whether the employer or employers of such employee have made full and complete payment of all contributions required by this Agreement. In the event it is determined as a result of such examination that an employer has failed to make full and complete payment of contributions required by this Agreement, then said employer, in such format addition to immediately paying all amounts found due and owing, shall forthwith pay all costs incurred for said examination in addition to any other payments required by this Agreement. The Association, Union, Trusts and employers agree that they will use their best efforts to secure compliance with any reasonable request made by any Trust or the Union or the NCPCA for any information, data, reports or documents described in this paragraph. F. Reciprocal Agreements permit the payment of certain fringe benefit contributions to the home area of any employee temporarily working in this jurisdiction. Reciprocity payments shall be made in accordance with such information as may be required Reciprocal Agreements that are agreed to by Central Collections. 2the Trustees of each Trust. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension FundWhere Reciprocal Agreements relating to any Trust mentioned in this Agreement are entered into, the FTI and Trustees of said Trust are authorized to pay to or collect from the LMCI such Trustees as are now serving, and who will trust funds associated with other local unions in accordance with the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indenturesReciprocal Agreement.

Trust Funds. SECTION 1. Contributions to the International Painters and Allied Trades Industry Pension Fund, IUPAT Annuity Fund and the Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation InitiativePartnership. 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”a.) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity FundFund (as applicable), FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked). b. b.) Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. c.) The payments to the Industry Pension Fund, the IUPAT Annuity Fund, FTI Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. d.) The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension Fund, the IUPAT Annuity Fund, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. e.) The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the IUPAT Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures. f.) The parties hereby further agree to be bound by all actions taken by the Trustees of the IUPAT Industry Pension Fund, the IUPAT Annuity Fund, the FTI and the LMCI Funds pursuant to the said Agreements and Declarations of Trust. g.) All contributions to the Funds described in paragraph 1 hereof shall be made on or before the 30th day of the month following the close of the preceding month's payroll, and the Trustees shall have the authority to have certified public accountants audit the payroll, wage and other relevant records of the Employer for the purpose of determining the accuracy of contributions to each respective Fund. h.) If an Employer fails to make contributions to any of the Funds described in paragraph 1 hereof within fifteen (15) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of collecting the payments due, together with the attorneys’ fees and such penalties as may be assessed by the Trustees of each respective Fund. The Employer’s liability for payment under this provision shall not be subject to or covered by any “no strike” clause, which may be provided or set forth elsewhere in this Agreement and such provisions shall not apply in the event of a violation of this clause. i.) Each of the respective Funds described in paragraph 1 hereof shall, at all times conform with the requirements of the Internal Revenue Code and other applicable laws and regulations so as to enable the Employer, at all times, to treat contributions to them as a deduction for income tax purposes.

Trust Funds. Contributions A. All employers shall be required to submit to the International Painters Trust Funds, on a form provided by the Trust Funds, a contribution report form each and Allied Trades Industry Pension Fundevery calendar month, IUPAT Annuity Fund and signed by the Finishing Trades Institute and employer, regardless of whether that employer had any employees for that particular month, together with payment for fringe benefits so reported. The report must be mailed (postmarked) to the Painters and Allied Trades Labor Management Cooperation Initiative Trust Funds, to be postmarked on or before the fifteenth (15th) day of the calendar month following the month in which such hours were worked. The Contribution Report Form shall contain the information described in paragraph C of this Section 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the IUPAT Annuity Fund the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer The employer shall make a contribution as per Article 30 of this Agreement to the Industry Pension Fund, IUPAT Annuity Fund, FTI and to the LMCI. (Contributions must be made pay all fringe benefits for each hour paid worked by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid each employee on behalf of any employee starting with the employee’s first hour of employment in a job classification all work covered by this Agreement, regardless of whether or not the employee is a member of the Union. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The fringe benefit payments will be made to the Industry Pension Fundappropriate trust fund, associated with the IUPAT Annuity FundUnion, Apprenticeship and LMCI Funds for the fringe benefits described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. Appendix A. The Employer hereby understands, accepts and employer agrees to and shall be bound by all provisions set forth in the Agreement terms and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified aboveconditions, including all any amendments hereafter made, to those trust agreements governing the trusts which sponsor or administer the pension, welfare and modifications made theretoother benefits provided in this Agreement, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shallincluding, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Bricklayers And Allied Craftworkers Local No. 3 Health And Welfare Trust, the Bricklayers Local 7 Pension Trust, the Bricklayers Local No. 3 Pension Trust, the Bricklayers And Allied Crafts Local No. 3 Apprentice Training Trust, the International Union Of Bricklayers And Allied Craftsmen Pension Fund, and the IUPAT Annuity PCC Labor- Management Cooperation Committee. The terms of this Article XIII shall apply to each and every Trust Fund referenced in this Agreement. Each employer hereby agrees that it does irrevocably designate and appoint the Association, the Northern California Xxxxx Contractors Multi-Employer Bargaining Association, its member associations and the employer-appointed trustees of the Trust Funds listed in the preceding sentence as its attorneys in fact for the selection, removal and substitution of trustees as provided in the Trust Agreements as may be provided by or pursuant to said Trust Agreements. B. The Union and/or each Trust Fund shall be entitled to and may file a legal action to compel production of monthly reports, to compel production of payroll records and other relevant records for audit, and for the collection of any and all wages, fringe benefit contributions, Industry Funds and liquidated damages and interest due and owing by the employer and thereafter may settle or compromise such legal action. In the event it is necessary for the Union or the Trust Funds to obtain legal counsel for any of these purposes, the Union or the Trust Funds shall, in addition to recovering payments of all amounts due and the legal rate of interest thereon, also be entitled to recover from the employer their reasonable attorney’s fees and costs incurred, whether or not any lawsuit is ever initiated. Each Trust Fund and the Union may institute legal proceedings described in the first sentence of this Section 1 (B), including the filing of a lawsuit, without having the matter first heard and determined by the Joint Board. C. Each monthly contribution to the Trust Funds shall be postmarked and mailed on or before the fifteenth (15th) day of the calendar month following the month in which such hours are worked. If not postmarked by the fifteenth (15th) day of the month, the contribution will be considered to be delinquent and subject to liquidated damages and interest. Each employer shall also prepare a monthly transmittal covering each employee who performs work subject to this Agreement setting forth the following information: Name of each employee, each employee’s Social Security Number, the number of hours worked by each employee in the appropriate geographical location, whether the employee is an apprentice or journeyman, and the gross amount of fringe benefits payable. It shall be the responsibility of the employer to make sure the monthly contribution and report form is postmarked by the Post Office on or before the fifteenth (15th) day of the month. If such envelope containing the contribution and report form is postmarked after the fifteenth (15th) day of the month, such report form and contribution shall be considered delinquent, the employer shall be in breach of this Agreement and liquidated damages shall be assessed. The Association, NCPCA and the Union recognize and acknowledge that the regular and prompt payment of employer contributions and report forms is essential to the maintenance of the Trust Funds, and it would be extremely difficult, if not impractical, to fix the actual damage and expense to the Trust Funds which would result from failure of any employer to pay such monthly contributions and furnish contribution forms within the time provided. Therefore, the amount of liquidated damages to the Trust Funds resulting from any such failure shall be presumed to be the sum of one hundred dollars ($100.00) or ten percent (10%) of contributions reported as due, whichever amount is greater. If the delinquency persists over thirty (30) days, the charge will be twenty percent (20%) of the amount due. Such amount shall become due and payable to the Trust Funds by the delinquent employer as liquidated damages and not as a penalty and payable at the place where the contribution is payable on the day immediately following the date on which the contribution became delinquent. In addition to such liquidated damages, the delinquent employer shall also be liable for interest, calculated at 10% per annum, on the amount of the delinquent contributions. D. No employer who is delinquent in contributions due under this Agreement shall be entitled to employ, continue to employ, or request the dispatch of craftworkers under this Agreement. E. The Trustees of each Trust Fund shall have the authority to require any employer, employee, Union or Association signatory to or covered by this Agreement to submit to it any information, data, reports or documents reasonably relevant to and suitable for the purpose of administration of the Trust Fund(s). Upon request by the Trust Fund, each employer signatory hereto shall permit an auditor selected by the Trust Funds to enter upon the premises of such employer at a reasonable time or times and to examine the payroll records, the Federal and State Quarterly Contribution Reports and all other records requested by the auditor as necessary to conduct its inspection. Upon request by the Trustees, each employee covered under this Agreement shall permit an auditor, selected by the Trust Fund(s), to examine the Federal and State Income Tax Returns, W-2’s and other documents requested by the auditor to determine whether the employer or employers of such employee have made full and complete payment of all contributions required by this Agreement. In the event it is determined as a result of such examination that an employer has failed to make full and complete payment of contributions required by this Agreement, then said employer, in addition to immediately paying all amounts found due and owing, including liquidated damages and interest, shall forthwith pay all costs incurred for said examination in addition to any other payments required by this Agreement. The Association, Union, Trust Funds and employers agree that they will use their best efforts to secure compliance with any reasonable request made by any Trust Fund, the Finishing Trades InstituteUnion or the NCPCA for any information, data, reports or documents described in this paragraph. F. Reciprocal Agreements permit the payment of certain fringe benefit contributions to the home area of any employee temporarily working in this jurisdiction. Reciprocity payments shall be made in accordance with such Reciprocal Agreements that are agreed to by the Trustees of each Trust Fund. Where Reciprocal Agreements relating to any Trust Fund mentioned in this Agreement are entered into, the Painters Trustees of said Trust Fund are authorized to pay to or collect from the trust funds associated with other local unions in accordance with the Reciprocal Agreement. G. With the exception of the Industry Fund, and Allied Trades Labor Cash Bond Deposits, should any of the above Funds be discontinued for any reason, the contribution to such discontinued Fund of Funds shall be added to the wage rate. H. PCC Labor-Management Cooperation Initiative, Committee - (PCC LMCC) 1. To improve overall communications and disseminate pertinent information between the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections.parties; and 2. a. To seek ways of dealing with problems of mutual concern which are detrimental to the advancement and economic development of the masonry industry; and 3. To do what is lawfully possible to promote union masonry construction, recognizing the mutual threat of unfair competition; and 4. To assist Employers and the Union to achieve job site safety; and 5. To explore joint approaches to achieving organizational effectiveness. The Employer and establishment of the PCC LMCC does not relieve the Union hereby irrevocably designates as of its representatives on obligation to enforce this Agreement. I. In the event the Board of Trustee Trustees of the IUPAT Industry Pension FundBAC 3 Health and Welfare Trust Fund makes a determination that the full amount of contributions owed by a Contributing Employer will not be paid due to insolvency or any other reason, this section shall determine how any partial payment of contribution amounts owed (“Partial Recovery”) will be allocated. First, the FTI Partial Recovery will be used reimburse the Bricklayers and Allied Craftworkers Local No. 3 Health and Welfare Trust its out-of-pocket expenses paid for collection actions. Out-of- pocket expenses include but are not limited to professional fees and/or litigation fees paid by the LMCI such Trustees as are now servingTrust. Second, and who will the Partial Recovery shall be applied in the future servefollowing priority order, as Employer and Union Trustees, together with their successors, as provided for each Class being paid the amount owed to the entities included in the aforesaid trust indentures.class, in full, before any money is disbursed to the next numbered Class. When there is not enough money to pay the full amount owed to the entities in each Class, those entities shall receive a share of the available money in proportion to each entity’s claim: 1. Bricklayers Local No. 3 Vacation and Holiday Fund 2. BAC Local No. 3 working dues 3. International Union of Bricklayers and Allied Craftworkers working dues