ATTACHMENT 4-1
CALIFORNIA STATE BUDGET ACT OF 2022 (ASSEMBLY BILL 179)
SUBRECIPIENT AGREEMENT
FOR
BOYS & GIRLS CLUB OF BURBANK AND THE GREATER EAST VALLEY
This Agreement , is entered in duplicate on the dates set forth below by and between the CITY of BURBANK, a California charter city, (hereinafter referred to as “CITY”), and THE BOYS & GIRLS CLUB OF BURBANK AND THE GREATER EAST VALLEY, INC., (hereinafter referred to as “S UBRECIPIENT.”). The parties are individually referred to herein as a “PARTY,” and collectively as the “PARTIES.”
RECITALS
A. Section 19.56 of subdivision (g)(1)(D) of the California State Budget Act of 2022 (Assembly Bill (“AB”) 179) appropriated funds from the State General Fund to the California Department of Transportation (“Caltrans”), to be allocated to the CITY for specified projects, including an award for transportation purposes.
B. Caltrans and the CITY are entering into a Funds Transfer Agreement ("FTA") specifying that certain AB 179 funds will be distributed to SUBRECIPIENT for a specific transportation project.
C. The PARTIES desire to enter into this Agreement to carry out the terms of the AB 179 award by distributing su ch funds to SUBRECIPIENT in compliance with applicable laws, and outlining the terms under which the award is granted.
AGREEMENT
1. SUBRECIPIENT’s Services
SUBRECIPIENT agrees to perform during the term of this Agreement, all tasks, obligations, and services set forth in the “Scope of Services” attached to this Agreement as Exhibit A and incorporated into this Agreement by this reference.
2. Payment for Services
CITY shall pay SUBRECIPIENT for the services performed by SUBRECIPIENT pursuant to the terms of this Agreement , the compensation set forth in the “Schedule of Compensation” attached hereto as Exhibit “B.” The compensation shall be paid at the time and manner set forth in Exhibit “B.”
3. Term of Agreement
ATTACHMENT 4-2
This Agreement shall become effective on the same date that the FTA is signed and approved by CITY and Caltrans, and will terminate one year thereafter.
6. Time for Performance
All services required of SUBRECIPIENT under this Agreement shall be completed on or before the end of the term of the Agreement.
7. Designated Representative
(a) The CITY’s representative is as follows:
Name and Title: Patrick Prescott, Community Development Director Post Office Address: 275 E. Olive Ave., Burbank, CA 91510 E-mail Address: [email protected]
Telephone No.: 818-238-5176
Fax No.: 818-238-5177
(b) The SUBRECIPIENT’s representative, who shall be responsible for job performance, negotiations, contractual matters, and coordination with the CITY Representative is as follows:
Name and Title: Shanna Warren
Post Office Address: 300 East Angeleno Avenue
Burbank, CA 91502
E-mail Address: [email protected]
Telephone No.: (818) 842-9333 ext 110
The SUBRECIPIENT’s services shall be actually performed by, or shall be immediately supervised by, the SUBRECIPIENT’s representative.
8. Compliance
SUBRECIPIENT acknowledges that this Agreement is financed with funding from the State of California, by and through Caltrans, through the California State Budget Act of 2022 (AB 1 79). SUBRECIPIENT agrees that by entering into this Agreement, it undertakes the same obligations that CITY has undertaken pursuant to CITY’s FTA with Caltrans, which FTA is attached as Exhibit C and incorporated herein , as well as any other requirements issued by Caltrans for the administration and use of the funds provided to SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall comply with all applicable California State and federal laws, including but not limited to any conditions imposed by the Calif ornia State Budget Act of 2022, as well as requirements for determining allowable costs under 48 Code of Federal Regulations (“CFR”), Part 31, and 2 CFR, Part 200, as required by the FTA.
ATTACHMENT 4-3
SUBRECIPIENT further agrees to comply with any environmental, procur ement, construction, and other guidelines provided by CITY.
Failure to meet established performance goals and standards and/or non - compliance with applicable rules and regulations shall constitute non-compliance with the terms of this Agreement. The CITY is entitled to use one or more of the following remedies for non -compliance: temporarily withhold cash payments pending correction of deficiencies by SUBRECIPIENT; disallow all or part of the cost of the activity or action not in compliance; wholly or partl y suspend or terminate the current award for the SUBRECIPIENT’s program; withhold further awards for the program; and/or take other remedies that may be legally available.
9. Non-Discrimination
No person with responsibilities in the operation of any project under this Agreement will discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status.
10. Fiscal Control
The SUBRECIPIENT shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The SUBRECIPIENT shall establish such fiscal controls and fund accounting procedures as required by the FTA, or as may be deemed necessary by Caltrans and CITY to ensure the proper disbursal of, and accounting for, funds paid to the SUBRECIPIENT under AB 179.
CITY agrees to pay SUBRECIPIENT at the time and in the manner set forth in the Schedule of Compensation, Exhibit B. Payment by CITY is not to be construed as final in the event Caltrans disallows reimbursement for the project or any portion thereof.
Reasonable back -up documentation, as specified by CITY, shall be submitted by SUBRECIPIENT with request for payment.
SUBRECIPIENT shall be liable for all amounts which are determined to be due by Caltrans including, but not limited to, disallowed cost which are the result of SUBRECIPIENT’s or its contractor’s conduct under this Agreement. SUBRECIPIENT shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between CITY and Caltrans arising from this Agreement.
All fi nancial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 11 of this Agreement.
11. Records and Reports
SUBRECIPIENT agrees to supply to CITY any progress reports and/or other documentation as may be required by CITY to audit performance of this Agreement and/or to enable CITY to analyze and evaluate utilization of SUBRECIPIENT’s program.
ATTACHMENT 4-4
SUBRECIPIENT shall maintain separate accounting and financ ial records for each funding (revenue) source in support of the project(s).
a) Completion Report: SUBRECIPIENT shall prepare and submit to CITY a Completion Report within thirty (30) days of project completion. Said report shall consist of an overview and eva luation of the project, total costs incurred, photographs of the project, and other reasonable information requested by CITY. b) Caltrans/CITY Reports: SUBRECIPIENT shall submit to CITY in a timely manner other reports as requested/required by CITY for Caltrans compliance.
12. Agreement Responsibility for Monitoring and Records SUBRECIPIENT agrees to retain all pertinent records relating to this Agreement and the expenditure of funds distributed under this Agreement, including financial records, until advised by CITY that further retention is unnecessary. Generally, records shall be retained for a period for three (3) years from the end of this Agreement. Records shall be open and available for inspection by auditors and/or other staff assigned by Caltrans and/or CITY during the normal business hours of SUBRECIPIENT. If at the end of such three-year period, there is ongoing litigation, claims, negotiations, audit or other action involving SUBRECIPIENT’s or the CITY’s records, which has started before expiration of the three (3) year period, SUBRECIPIENT will retain the records until the completion of the action and resolution of all issues which arise from it.
13. Hold Harmless
SUBRECIPIENT shall hold City and City’s officers, employees, agents and volunteers harmless and free from any and all claims, liabilities or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or other wrongful conduct related in any way to SUBRECIPIENT’S performance of its services pursuant to this Agreement. In the event City and/or any of City’s officers, employees, agents or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission or other wrongful conduct, SUBRECIPIENT shall indemnify them for any judgment rendered against them, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including, but not limited to attorney’s fees.
SUBRECIPIENT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of SUBRECIPIENT’S professed expertise and experience in performing the services provided for under this Agreement.
In addition SUBRECIPIENT understands and agrees that while City and City’s officers agents, may elect to do so, they have no duty to review, in spect, or supervise the work performed by SUBRECIPIENT pursuant to this Agreement, except as otherwise expressly provided for by this Agreement. As a consequence, SUBRECIPIENT waives any right of contribution against City or any of City’s officers, employ ees, agents and ATTACHMENT 4-5
volunteers arising out of such failure to inspect, review, monitor or supervise the work performed by SUBRECIPIENT pursuant to this Agreement.
14. Covenants and Conditions
Each term and each provision of this agreement to be performed by SUBRECIPIENT shall be construed to be both a covenant and a condition.
15. Termination
a) This Agreement will automatically terminate in the event that Caltrans terminates the disposition of AB 179 funds as outlined in the FTA. b) Termination of Agreement for Cause: The Parties understand that pursuant to CITY's execution of the FTA, CITY assumed responsibility as to the performance of the projects. If through any cause SUBRECIPIENT fails to fulfill in a timely and proper manner its obligations under this Agreement to un dertake, conduct or perform the project(s) identified in this Agreement, or if SUBRECIPIENT violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving written noti ce of such termination and specifying the effective date thereof at least (5) days before the effective date of such termination.
c) Upon termination, the CITY shall be liable to SUBRECIPIENT only for work done by SUBRECIPIENT up to and including the date of termination of this Agreement, unless the termination is for cause, in which event SUBRECIPIENT need be compensated only to the extent required by law.
16. Tax Documentation.
SUBRECIPIENT shall submit a City of Burbank Payee Registration Form, which will be furnished by the City to the SUBRECIPIENT, prior to a Purchase Order being issued.
The Internal Revenue Code Requires the City to issue Form 1099 for certain payments made to Payees other than Corporations. Each failure to furnish a TAXPAYER IDENTIFICATION NUMBER COULD RESULT IN A PENALTY BEING ASSESSED by the I.R.S. In addition, the City will be required to withhold 20 percent from payments subject to 1099 Reporting, if SUBRECIPIENT fails to furnish the City their IDENTIFICATION NUMBER.
17. Electronic Funds Transfer
The City is requiring all vendors of goods and services to use Electronic Funds Transfer (EFT) as a primary payment method. SUBCRECIPIENT will be provided with set up instructions for EFT payments.
18. Modification of Agreement
ATTACHMENT 4-6
The tasks described in this Agreement and all other terms of this Agreement may be modified only upon mutual written consent of CITY and SUBRECIPIENT.
19. Use of the term “CITY”
Reference to “CITY” in this Agreement includes the City Manager, the designated CITY representative, or any authorized representative acting on behalf of CITY.
20. Notices
All notices given, or required to be given, pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to each party’s designated representative as set forth above. When addressed in accordance with this Section, such notice shall be deemed given upon dep osit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
21. Waiver
A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character.
22. Governing Law
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Los Angeles County.
23. Integrated Agreement
This Agreement represents the entire Agreement between the CITY and the SUBRECIPIENT and all preliminary negotiations and agreements are deemed a part of this Agreement. No verbal agreement or implied covenant shall be held to var y the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. [Signatures on Following Page]
ATTACHMENT 4-7
In Witness Whereof , the parties have signed this Agreement on the dates set forth below.
CITY OF BURBANK, a municipal corp.
By: __________ Date:
Name: Patrick Prescott
Title: Community Development Director
BOYS & GIRLS CLUB OF BURBANK AND THE GREATER EAST VALLEY
By: Date:
Name: Shanna Warren
Title: Chief Executive Officer
Approved as to Form
Office of the City Attorney
By: ___________________________ Date:
Name: Lisa Kurihara
Title: Senior Assistant City Attorney
City Clerk
By: ___________________________ Date:
Name: Kimberley Clark
Title: City Clerk
ATTACHMENT 4-8
EXHIBIT A
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF BURBANK
AND BOYS & GIRLS CLUB OF BURBANK AND THE GREATER EAST VALLEY
SCOPE OF SERVICES
SUBRECIPIENT shall purchase one Toyota Sienna minivan and one Chrysler Pacifica minivan. The vans will be used to transport students from John Muir Middle School who are part of the Boys & Girls Club Deaf and Hard of Hearing Program to the Boys & Girls Club after school. The vans will also be used to transport students from Burbank and Burroughs High Schools to the Boys & Girls Club so the teens can access the Boys & Girls Club’s College Bound and Career Launch Programs. Due to a lack of vehicles, transportation is an obstacle to teens who would like to access the programs offered by the Boys & Girls Club.
ATTACHMENT 4-9
EXHIBIT B
SCHEDULE OF COMPENSATION
1. AMOUNT OF COMPENSATION . For performing and completing all work and services described in Exhibit A, and for providing all materials required therefore, CITY shall pay SUBRECIPIENT the total amount of:
NOT TO EXCEED: $100,000
The above total amount listed shall include all out –of–pocket expenses incurred by SUBRECIPIENT in the performance of such services.
2. BILLING. Upon execution of this Agreement, SUBRECIPIENT shall submit an invoice to the CITY at the following address:
275 E. Olive Ave., Burbank, CA 91510
3. METHOD OF PAYMENT . Payment to SUBRECIPIENT of the compensation specified in Section 1 of this Exhibit shall be made as follows:
a) Subject to the maximum allowable compensation set forth in Section 1 of this Exhibit, the CITY shall pay the SUBRECIPIENT, based on the submittal and approval of an invoice, a one-time lump sum amount.
b) Payment will be made within 30 days of CITY’s receipt and approval of a valid invoice from SUBRECIPIENT. However, if City has not received AB 179 funds from Caltrans by this date, payment will be made within 30 days of City’s receipt and appropriation of funds under the FTA from Caltrans..
Project ID PLBP-5200(051)
Advantage ID 0723000181
Funds Transfer Agreement Between the California Department of Transportation and the City of Burbank
1.1 The California Department of Transportation (Caltrans) and the City of Burbank (City) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This Agreement is not valid until signed by both parties. This Agreement shall expire on City’s completion of its obligations under this Agreement, but may be extended by amending this Agreement.
BACKGROUND
2.1 Section 19.56, subdivision (g) (1) (D) of the Budget Act of 2022 (the Act) appropriated $2,100,000 (the Funds) from the State General Fund to Caltrans, to be allocated to the City for the Transportation, Electric Vehicle, and Pedestrian Infrastructure Improvements.
2.2 Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a funds transfer agreement.
2.3 The Funds are intended to support the following needs and goals:
Transportation
The transportation funds will be directed to the Boys & Girls Club of Burbank and the Greater East Valley (Boys & Girls Club) to purchase one Toyota Sienna minivan and one Chrysler Pacifica minivan. The vans will be used to transport students from John Muir Middle School who are part of the Boys & Girls Club Deaf and Hard of Hearing Program to the Boys & Girls Club after school program. The vans will also be used to transport students from Burbank and Burroughs High Schools to the Boys & Girls Club so the teens can access the Boys & Girls Club’s College Bound and Career Launch Programs. Due to a lack of vehicles, transportation is an obstacle to teens who would like to access the programs offered by the Boys & Girls Club.
Electric Vehicle Charging
The transportation sector accounts for the largest portion of the United States’ greenhouse gas total emissions. The City is implementing local projects to reduce greenhouse gas emissions to benefit the Southern California region by facilitating Electric Vehicle (EV) adoption in the City and along the 5 and 134 freeway corridors. This electric vehicle funds will support the installation of at ATTACHMENT 4-10
Revised April 2023
EXHIBIT C
CALTRANS/CITY FUNDS TRANSFER AGREEMENT
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-11
Revised April 2023
least 10 DC fast chargers (DCFC) for use by commuters, visitors, and residents of Burbank and the surrounding cities. The installation of 10 new DCFC stations will not only help Burbank residents but will be a crucial driver to promote EV adoption throughout the San Fernando Valley and beyond. The charging stations will be available to the public 24 hours a day to allow for use from multifamily dwellers and commuters.
Pedestrian Infrastructure Improvements
The Pedestrian Infrastructure Improvements funds will support Phase Two of the City’s Downtown Burbank San Fernando Boulevard Reconfiguration Project. This is one of the mid-term priority projects listed in the City’s 2020 Complete Our Streets Plan (CSP). The project is in the City’s Downtown, and will encompass the stretch of San Fernando Boulevard between Magnolia Boulevard and Olive Avenue. This part of the City is identified as a pedestrian priority area within the CSP due to its high pedestrian activity.
The goal of this project is to permanently enhance the safety of all other transportation modes and overall quality of life in the City’s Downtown through construction and expansion of sidewalks, provide high quality urban greenery and shade, and elevate Downtown Burbank’s profile as a destination for commercial activity with ample amenities and accessibility for active transportation. The project will permanently reconfigure traffic flow and narrow the roadway to a one-way northbound lane, reconstruct curb and gutter to expand parkways. The project will provide more tree canopy shading and other shade structures. Targeted completion for this project is 2026.
SCOPE OF WORK
3.1 The Funds provided under this Agreement will be used as described below:
Transportation Funds ($100,000):
The Transportation Funds will be passed through to the Boys & Girls Club for the purchase of one Toyota Sienna minivan and one Chrysler Pacifica minivan to transport students from local schools to the Boys and Girls Club programs.
Electric Vehicle Funds ($1,000,000):
The funds will be used to support the City’s Electric Vehicle Project, which includes the installation of at least ten DCFC stations in the City for use by the general public. Project components for which Electric Vehicle Funds may be spent include the following:
a. Design
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-12
Revised April 2023
b. Engineering
c. Utility primary infrastructure costs
d. Charging stations
e. Construction and installation
f. Grading
g. Improvements (e.g., signage, striping)
Pedestrian Infrastructure Improvements Funds ($1,000,000) The Pedestrian Infrastructure Improvements Funds provided under this Agreement will be used to support the City’s Downtown Burbank San Fernando Boulevard (Phase 2) Project, which will reconfigure traffic flow, expand parkways, and install other improvements to enhance safety of all transportation modes in the City’s Downtown area. Project components include administration, management, permit issuance, environmental review, design and engineering, construction, and public outreach in support of the following Project elements:
a. Curb and gutter work (e.g., extension of sidewalks, curbs, curb ramps, curb extensions, bollards)
b. New crosswalks
c. ADA facilities
d. Roadway striping
e. New EV charging infrastructure and charging stations f. Planters and landscaping
g. Street furniture (e.g., trash bins, benches, tables, bicycle racks, etc.) h. Street and pedestrian lighting
i. Traffic signal modifications
j. Utility relocation
3.2 City shall only use Funds for the Projects specified in the Act. City ’s self- attestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The Funds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.56 of the Act, funds must be encumbered by June 30, 2024, and expended by June 30, 2026, or the funds will revert to the State’s General Fund by operation of law.
4.2 Payments shall be made as authorized by Sections 19.56(a) of the Act, including, but not limited to the provisions noted below:
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-13
Revised April 2023
a. Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph.
b. Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution.
4.3 Within 30 days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include a description of completed Project component(s) and a description of Project outcomes. Photographs of the Project are encouraged to be included.
4.4 Any Project costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City to Caltrans.
4.5 City shall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
4.6 Upon written demand by STATE, any overpayment to City of amounts invoiced to CALTRANS shall be returned to STATE.
4.7 Should City fail to refund any moneys due CALTRANS as provided herein or should City breach this AGREEMENT by failing to complete Project without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amounts paid by or owed to CALTRANS for each Project, from future apportionments or any other funds due City from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE-FUNDED projects proposed by ADMINISTERING AGENCY.
INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Name: Irene Dong
For City of Burbank:
Name: Patrick Prescott
Project ID PLBP-5200(051)
Advantage ID 0723000181
Address: 100 S. Main Street
Los Angeles, CA 90012
Phone Number: 213-310-2945
Email: [email protected]
Address: 150 N 3rd Street, Burbank,
CA 91502
Phone Number: 818-238-5176
Email: [email protected]
With an email copy to:
David Kriske
Email: [email protected]
5.2 Each party may change their representative listed above upon 10 calendar days’ written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug-Free Workplace Requirements: City will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has ATTACHMENT 4-14
Revised April 2023
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-15
Revised April 2023
occurred: City has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: City needs to be aware of the following provisions regarding current or former state employees. If City has any questions on the status of any person rendering services or involved with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City violates any provisions of above paragraphs, such action by City shall render this Agreement void. (Pub. Contract Code §10420.) If the Agreement is rendered void, City shall return all Funds.
6.3 Labor Code/Workers' Compensation: City needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the Project ID PLBP-5200(051)
Advantage ID 0723000181
provisions, and City affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
6.4. Americans With Disabilities Act: City assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
6.5. City Name Change: An amendment is required to change City’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air or Water Pollution Violation: Under State law, City shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
6.8. Audit: City agr ees that Caltrans, the California Department of General Services, the California State Auditor’s Office, or other State agency with a legitimate business purpose, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. City agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
6.9. Amendments : No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City must be approved by its City Council as evidenced by a resolution, order, motion, or ordinance of the City and a copy provided to Caltrans. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
ATTACHMENT 4-16
Revised April 2023
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-17
Revised April 2023
6.10. Caltrans and City shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement may be executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
6.13 Should City be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if City is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, CALTRANS is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV – 21, from those constituent entities comprising a joint powers authority or by bringing of an action against City or its constituent member entities, to recover all funds provided by CALTRANS hereunder.
Project ID PLBP-5200(051)
Advantage ID 0723000181
ATTACHMENT 4-18
Revised April 2023
State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Jeanie Ward-Waller
Signature:
Deputy Director for Planning & Modal
Programs
Date:
Local Agency:
CITY OF BURBANK
Printed Name: Patrick Prescott
Signature:
Title: Community Development Director
Date:
Accounting Certification