CITY OF FARMERSVILLE
EXHIBITE
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts • (Form Revision approved 06/06/2022)
approval or for any work performed prior to approval of on 06/06/2022. this AGREEMENT.
J. A Task Order is of no force or effect until returned to CITY ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE and signed by an authorized representative of CITY. No REQUIREMENTS expenditures are authorized on a project and work shall A. The CONTRACTOR agrees that 48 CFR Part 31, Contract not commence until a Task Order for that project has been Cost Principles and Procedures, shall be used to determin executed by CITY. he allowability of individual terms of cost K. CONTRACTOR will be reimbursed within thirty (30) days B. The CONTRACTOR also agrees to comply with federal upon receipt by CITY'S Contract Administrator of itemized procedures in accordance with 2 CFR Part 200, Uniform invoices in duplicate. Separate invoices itemizing all costs Administrative Requirements, Cost Principles, and Audit are required for all work performed under each Task Order.
Requirements for Federal Awards, excluding sections
Invoices shall be submitted no later than thirty (30) 200.318 to 200.326. calendar days after the performance of work for which
CONTRACTOR is billing, or upon completion of the Task C. Any costs for which payment has been made to the Order. Invoices shall detail the work performed on each CONTRACTOR that are determined by subsequent audit to milestone, on each project as applicable. Invoices shall be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are follow the format stipulated for the approved Cost subject to repayment by the CONTRACTOR to CITY.
Proposal and shall reference this AGREEMENT number, D. When a CONTRACTOR or Subcontractor is a Non-Profit project title and Task Order number. Credits due CITY that Organization or an Institution of Higher Education, the Cost include any equipment purchased under the provisions of Principles for Title 2 CFR Part 200, Uniform Administrative Article XI Equipment Purchase, must be reimbursed by Requirements, Cost Principles, and Audit Requirements for CONTRACTOR prior to the expiration or termination of this Federal Awards shall apply.
AGREEMENT. Invoices shall be mailed to CITY's Contract E. CONTRACTOR agrees that the Contract Cost Principles and Administrator at the following address: Procedures, 48 CFR, Federal Acquisition Regulations (NAME OF CITY/ NAME OF CONTRACT ADMINISTRATOR) System, Chapter 1, Part 31.000 et seq., shali be used to (ADDRESS) determine the cost allowability of individual items.
L. The period of performance for Task Orders shall be in F. CONTRACTOR' also agrees to comply with federal accordance with dates specified in the Task Order. No Task procedures in accordance with 49 CFR, Part 18, Uniform Order will be written which extends beyond the expiration Administrative Requirements for Grants and Cooperative date of this AGREEMENT. Agreements to State and Local Governments.
M. The total amount payable by CITY for an individual Task G. CONTRACTOR also agrees to comply with federal Order shall not exceed the amount agreed to in the Task procedures in accordance with 2 CFR, Part 200, Uniform Order, unless authorized by amendment. Administrative Requirements, Cost Principles, and Audit N. If CONTRACTOR fails to satisfactorily complete a Requirements for Federal Awards, excluding sections deliverable according to the schedule set forth in a Task 200.318 to 200.326.
Order, no payment will be made until the deliverable has H. Any costs for which payment has been made to been satisfactorily completed. CONTRACTOR that are determined by subsequent audit to Task Orders may not be used to amend the language (or be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
0. the terms) of this AGREEMENT nor to exceed the scope of . Acquisition Regulations System, Chapter 1, Part 31 et seq., work under this AGREEMENT. are subject to repayment by CONTRACTOR to the CITY.
The total amount payable by CITY for all Task Orders 1. The approved Indirect Cost Rate (ICR), specified in Exhibit P.
resulting from this AGREEMENT shall not exceed $550,610. B, shall be fixed for the term of this Agreement and no It is understood and agreed that there is no guarantee, adjustment will be made unless both Parties are in mutual either expressed or implied that this dollar amount will be agreement. authorized under this AGREEMENT through Task Orders. 1. Any subcontract in éxcess of $25,000, entered into as a result of this Agreement, shall contain all the provisions of this article.
ARTICLE VI TERMINATION
(City of Farmersville uses own termination clause, included on
CITY OF FARMERSVILLE
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The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
ARTICLE VIII RETENTION OF RECORD/AUDITS adjusted by CONTRACTOR and approved by CITY Contract For the purpose of determining compliance with Gov. Code § Administrator to conform to the audit or review 8546.7, the CONTRACTOR, Subcontractors, and CITY shall recommendations, CONTRACTOR agrees that individual maintain all books, documents, papers, accounting records, terms of costs identified in the audit report shall be Independent CPA Audited Indirect Cost Rate workpapers, and incorporated into the AGREEMENT by this reference if other evidence pertaining to the performance of the directed by CITY at its sole discretion. Refusal by CONTRACTOR to incorporate audit or review
AGREEMENT including, but not limited to, the costs of
administering the AGREEMENT. All parties, including the recommendations, or to ensure that the federal, CITY or CONTRACTOR's Independent CPA, shall make such workpapers local governments have access to CPA work papers, will be and materials available at their respective offices at all considered a breach of AGREEMENT terms and cause for reasonable times during the AGREEMENT period and for three termination of the AGREEMENT and disallowance of prior (3) years from the date of final payment under the AGREEMENT reimbursed costs. and records for real property and equipment acquired with state CONTRACTOR's Cost Proposal may be subject to a CPA ICR funds must be retained for three (3) after final disposition. CITY, Audit Work Paper Review and/or audit by the Independent Caltrans Auditor, FHWA, or any duly authorized representative of Office of Audits and Investigations (JOAl). IOAl, at its sole the Federal government having jurisdiction under Federal laws discretion, may review and/or audit and approve the CPA or regulations (including the basis of Federal funding in whole or ICR documentation. The Cost Proposal shall be adjusted by in part) shall have access to any books, records, and documents the CONTRACTOR and approved by the CITY Contract of the CONTRACTOR, Subcontractors, and the CONTRACTOR's Administrator to conform to the Work Paper. Review Independent CPA, that are pertinent to the AGREEMENT for recommendations included in the management letter or audits, 'examinations, workpaper review, excerpts, and audit recommendations included in the audit report. transactions, and copies thereof shall be furnished if requested Refusal by the CONTRACTOR to incorporate the Work without limitation. Paper Review recommendations included inthe management letter or audit recommendations included in
the audit report will be considered a breach of the
ARTICLE IX AUDIT REVIEW PROCEDURES AGREEMENT terms and cause for termination of the A. Any dispute concerning a question of fact arising under an AGREEMENT and disallowance of prior reimbursed costs. interim or post audit of this AGREEMENT that is not 1. During IOAl's review of the ICR audit work papers disposed of by AGREEMENT, shall be reviewed by CITY'S created by the CONTRACTOR's independent CPA, IOA! will Administrative Officer. work with the CPA and/or CONTRACTOR toward a B: Not later than thirty (30) calendar days after issuance of resolution of issues that arise during the review. Each party the final audit report, CONTRACTOR may request a review agrees to use its best efforts to resolve any audit disputes by CITY'S Administrative Officer of unresolved audit issues. in a timely manner. If IOAl identifies significant issues The request for review will be submitted in writing. during the review and is unable to issue a cognizant C. Neither the pendency of a dispute nor its consideration by approval letter, CITY will reimburse the CONTRACTOR at an & CONTRACIOR from full and timely accepted ICR until a FAR (Federal Acquisition Regulation) performance, in accordance with the terms of this compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally AGREEMENT. Accepted Auditing Standards); CAS (Cost Accounting CONTRACTOR and subcontractor AGREEMENTs, including Standards), if applicable; in accordance with procedures cost proposals and Indirect Cost Rates (ICR), may be subject and guidelines of the American Association of State to audits or reviews such as, but not limited to, an Highways and Transportation Officials (AASHTO) Audit AGREEMENT audit, an incurred cost audit, an ICR Audit, or Guide; and other applicable procedures and guidelines)is a CPA ICR audit work paper review. If selected for audit or received and approved by IOAI." review, the AGREEMENT, cost proposal and ICR and related Accepted rates will be as follows:
work papers, if applicable, will be reviewed to verify a. If the proposed rate is less than one hundred fifty compliance with 48 CFR Part 31 and other related laws and percent (150%) - the accepted rate reimbursed will regulations. In the instances of a CPA ICR audit work paper be ninety percent (90%) of the proposed rate. review it is CONTRACTOR's responsibility to ensure federal, b. If the proposed rate is between one hundred fifty
CITY, or local government officials are allowed full access to percent (150%) and two hundred percent (200%) -
the CPA's work papers including making copies as
the accepted rate will be eighty-five percent (85%)
necessary. The AGREEMENT, cost proposal, and ICR shall be
CITY OF FARMERSVILLE
EXHIBIT E
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
of the proposed rate. that which is expressly identified in the CONTRACTOR's c. If the proposed rate is greater than two hundred approved Cost Proposal. percent (200%) - the accepted rate will be seventy- C. Any subagreement entered into as a result of this five percent (75%) of the proposed rate. AGREEMENT, shall contain all the provisions stipulated in
2. If IOAl is unable to issue a cognizant letter per this entire AGREEMENT to be applicable to Subcontractors paragraph E.1. above, lOAl may require CONTRACTOR to unless otherwise noted. submit a revised independent CPA-audited ICR and audit D. CONTRACTOR shall pay its Subcontractors within Fifteen report within three (3) months of the effective date of the (15) calendar days from receipt of each payment made to management letter. IOAI will then have up to six (6) months the CONTRACTOR by the CITY. to review the CONTRACTOR's and/or the independent E. Any substitution of Subcontractors must be approved in CPA's revisions. /
writing by the CITY Contract Administrator in advance of
3. If the CONTRACTOR fails to comply with the assigning work to a substitute Subcontractor. provisions of this paragraph E, or if lOAl is still unable to F. Prompt Progress Payment issue a cognizant approval letter after the revised
CONTRACTOR or subcontractor shall pay to any
independent CPA audited ICR is submitted, overhead cost subcontractor, not later than fifteen (15) days after receipt reimbursement will be limited to the accepted ICR that was of each progress payment, unless otherwise agreed to in established upon initial rejection of the ICR and set forth in writing, the respective amounts allowed CONTRACTOR on
paragraph E.1. above for all rendered services. In this account of the work performed by the subcontractors, to event, this accepted ICR will become the actual and final the extent of each subcontractor's interest therein. In the ICR for reimbursement purposes under this AGREEMENT.
event that there is a good faith dispute over all or any
4. CONTRACTOR may submit to CITY final Invoice only portion of the amount due on a progress payment from when all of the following items have occurred: (1) IOAl CONTRACTOR or subcontractor to a subcontractor, accepts or adjusts the original or revised independent CPA CONTRACTOR or subcontractor may withhold no more audited ICR; (2) all work under this AGREEMENT has been than 150 percent of the disputed amount. Any violation of completed to the satisfaction of CITY; and, (3) IOAI has issued this requirement shall constitute a cause for disciplinary its final ICR review letter. The CONTRACTOR MUST SUBMIT action and shall subject the licensee to a penalty, payable ITS FINAL INVOICE TO CITY no later than sixty (60) calendar to the subcontractor, of 2 percent of the amount due per days after occurrence of the last of these items. The month for every month that payment is not made. accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONTRACTOR,
either as a prime or subcontractor, with the same fiscal In any action for the collection of funds wrongfully period ICR. withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, ARTICLE X SUBCONTRACTING all other remedies, either civil, administrative, or criminal.
A. Nothing contained in this AGREEMENT or otherwise, shall This çlause applies to both DBE and non-DBE create any contractual relation between the CITY and any subcontractors.
Subcontractors, and no subagreement shall relieve the
G. Prompt Payment of Withheld Funds to Subcontractors
CONTRACTOR of its responsibilities and obligations
The CONTRACTOR agrees to be as fully The CITY may hold retainage from CONTRACTOR and shall hereunder.
responsible to the CITY for the acts and omissions of its make prompt and regular incremental acceptances of Subcontractors and of persons either directly or indirectly portions, as determined by the CITY, of the contract work, employed by any of them as it is for the acts and omissions and pay retainage to CONTRACTOR based on these of persons directly employed by the CONTRACTOR. The acceptances. The CITY shall designate one of the methods CONTRACTOR's obligation to pay its Subcontractors is an below in the contract to ensure prompt and full payment independent obligation from the CITY's obligation to make of any retainage kept by CONTRACTOR or subcontractor to a subcontractor. (Choose either Method 1, Method 2, or
payments to the CONTRACTOR.
Method 3 below and delete the other two.)
B. The CONTRACTOR shall perform the work contemplated
with resources available within its own organization and no portion of the work shall be subcontracted without written Method 1: No retainage will be held by the CITY from authorization by the CITY Contract Administrator, except progress payments due to CONTRACTOR. CONTRACTORS
CITY OF FARMERSVILLE
EXHIBIT E
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
and subcontractors are prohibited from holding retainage impair any contractual, administrative or judicial remedies from subcontractors. Any delay or postponement of otherwise available to CONTRACTOR or subcontractor in payment may take place only for good cause and with the the event of a dispute involving late payment or CITY's prior written approval. Any violation of these nonpayment by. CONTRACTOR; deficient subcontractor provisions shall subject the violating CONTRACTOR or performance and/or noncompliance by a subcontractor. subcontractor to the penalties, sanctions, and other This clause applies to both DBE and non-DBE remedies specified in Section 3321 of the California Civil subcontractors.
Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, Any violation of these provisions shall subject the violating otherwise available to CONTRACTOR or subcontractor in CONTRACTOR or subcontractor to the penalties, sanctions the event of a dispute involving late payment or and other remedies specified therein. These requirements nonpayment by CONTRACTOR, deficient subcontractor shall not be construed to limit or impair any contractual, performance and/or noncompliance by a subcontractor. administrative, or judicial remedies otherwise available to This clause applies to both DBE and non-DBE CONTRACTOR or subcontractor in the event of a dispute subcontractors.
involving late payment or nonpayment by CONTRACTOR,
deficient subcontract performance, or noncompliance by a Method 2: No retainage will be held by the CITY from subcontractor. progress payments due to CONTRACTOR. Any retainage
kept by CONTRACTOR or by a subcontractor must be paid ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL in full to the earning subcontractor within 15 days after the
EXPENDITURES
subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good A. Prior authorization in writing by CITY's Contract cause and with the CITY's prior written approval. Any Administrator shall be required before CONTRACTOR violation of these provisions shall subject the violating enters into any unbudgeted purchase order, or subcontract CONTRACTOR or subcontractor to the penalties, sanctions, exceeding five thousand dollars ($5,000) for supplies, and remedies specified in Section 3321 of the California equipment, or CONTRACTOR services. CONTRACTOR shall Civil Code. This requirement shall not be construed to limit provide an evaluation of the necessity or desirability of - incurring such costs.
or impair any contractual, administrative or judicial
remedies, otherwise available to CONTRACTOR or B. For purchase of any item, service, or consulting work not subcontractor in the event of a dispute involving late covered in CONTRACTOR's approved Cost Proposal and payment or nonpayment by CONTRACTOR, deficient exceeding five thousand dollars ($5,000), with prior subcontractor performance and/or noncompliance by a authorization by CITY's Contract Administrator, three subcontractor. This clause applies to both DBE and non- competitive quotations must be submitted with the DBE subcontractors. request, or the absence of proposal must be adequately justified.
Method 3:. The CITY shall hold retainage from C. Any equipment purchased with funds provided under the CONTRACTOR and shall make prompt and regular terms of this AGREEMENT is subject to the following:
incremental acceptances of portions, as determined by the CITY of the contract work and pay retainage to 1. CONTRACTOR shall maintain an inventory of all CONTRACTOR based on these acceptances. CONTRACTOR nonexpendable property. Nonexpendable property is or subcontractor shall return all monies withheld in defined as having a useful life of at least two years and an retention from all subcontractors within 15 days after acquisition cost of five thousand dollars ($5,000) or more. receiving payment for work satisfactorily completed and If the purchased equipment needs replacement and is sold accepted including incremental acceptances of portions of or traded in, CITY shall receive a proper refund or credit at the contract work by the CITY. Any delay or postponement the conclusion of the AGREEMENT, or if the AGREEMENT is of payment may take place only for good cause and with terminated, CONTRACTOR may either keep the equipment the CITY's prior written approval. Any violation of these and credit CITY in an amount equal to its fair market value, provisions shall subject the violating CONTRACTOR 0r or sell such equipment at the best price obtainable at a subcontractor to the penalties, sanctions, and other public or private sale, in accordance with established CITY remedies specified in Section 3321 of the California Civil procedures; and credit CITY in an amount equal to the sales Code. This requirement shall not be construed to limit or
CITY OF FARMERSVILLE
EXHIBIT E
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
price. If CONTRACTOR elects to keep the equipment, fair overtime hours worked each day and week, and the actual market value shall be determined at CONTRACTOR'S per diem wages-paid to each journeyman, apprentice, expense, on the basis of a competent independent worker, or other employee employed by the CONTRACTOR appraisal of such equipment. Appraisals shall be obtained or Subcontractor in connection with the public work. Each from an appraiser mutually agreeable to by CITY and payroll record shall contain or be verified by a written CONTRACTOR, if it is determined to sell the equipment, the declaration that it is made under penalty of perjury, stating terms and conditions of such sale must be approved in both of the following:
advance by CITY.
a. The information contained in the payroll record
2. Regulation 2 CFR Part 200 requires a credit to is true and correct.
Federal funds when participating equipment with a fair
market value greater than five thousand dollars ($5,000) is b. The employer has complied with the credited to the project. requirements of Labor Code $1771, 51811, and §1815 for any work performed by his or her
ARTICLE XII STATE PREVAILING WAGE RATES employees on the public works project.
A. No CONTRACTOR or Subcontractor may be awarded an
AGREEMENT containing public work elements unless 2. The payroll records enumerated under paragraph registered with the Department of Industrial Relations (1) above shall be certified as correct by the CONTRACTOR : (DIR) pursuant to Labor. Code §1725.5. Registration with under penalty of perjury. The payroll records and all DIR must be maintained throughout the entire term of this supporting documents shall be made available for AGREEMENT, including any subsequent amendments. inspection and copying by CITY representatives at all B. The CONTRACTOR shall comply with all of the applicable reasonable hours at the principal office of the provisions of the California Labor Code requiring the CONTRACTOR. The CONTRACTOR shall provide copies of payment of prevailing wages. The General Prevailing Wage certified payrolls or permit inspection of its records as Rate Determinations applicable to work under this follows:
AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance A certified copy of an employee's payroll Officer (https://dot.ca.gov/programs/construction/labor- record shall be made available for inspection or compliance). These wage rates are made a specific part of furnished to the employee or the employee's this AGREEMENT by reference pursuant to Labor Code authorized representative on request. §1773.2 and will be applicable to work performed at a
construction project site. Prevailing wages will be
applicable to all inspection work performed at CITY b. A certified copy of all payroll records construction sites, at CITY facilities and at off-site locations enumerated in paragraph (1) above, shall be that are set up by the construction contractor or one of its made available for inspection or furnished upon subcontractors solely and specifically to serve CITY request to a representative of CITY, the Division of projects. Prevailing wage requirements do not apply to Labor Standards Enforcement and the Division of inspection work performed at the facilities of vendors and prenticeship Standards of the Department of commercial materials suppliers that provide goods and Industrial Relations. Certified payrolls submitter services to the general public. to CITY, the Division of Labor Standards C. General Prevailing Wage Rate Determinations applicable to Enforcement and the Division of Apprenticeship this project may also be obtained from the Department of Standards shall not be altered or obliterated by Industrial Relations website at http://www.dir.ca.gov. the CONTRACTOR.
D. Payroll Records
1. Each CONTRACTOR and Subcontractor shall keep The public shall not be given access to certified payroll records by the CONTRACTOR.
ccurate certified payroll records and supporting
documents as mandated by Labor Code §1776 and as The CONTRACTOR is required to forward any requests for certified payrolls to the CITY Contract
defined in 8 CCR 916000 showing the name, address, social security number, work classification, straight time anc Administrator by both email and regular mail on the business day following receipt of the request.
CITY OF FARMERSVILLE
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The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
CONTRACTOR or by its Subcontractor in violation of the
3. Each CONTRACTOR shall submit a certified copy requirements of the Labor Code and in particular, Labor of the records enumerated in paragraph (1) above, to the Code §§1770 to 1780, inclusive. entity that requested the records within ten (10) calendar days after receipt of a written request. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of
4. Any copy of records made available for
inspection as copies and furnished upon request to the the CONTRACTOR or Subcontractor in failing to pay the public or any public agency by CITY shall be marked or correct rate of prevailing wages, or the previous record of obliterated in such a manner as to prevent disclosure of the CONTRACTOR or Subcontractor in meeting their each individual's name, address, and social security . respective prevailing wage obligations, or the willful failure lumber. The name and address of the CONTRACTOR O by the CONTRACTOR or Subcontractor to pay the correct ubcontractor performing the work shall not be marked o rates of prevailing wages. A mistake, inadvertence, or obliterated. neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONTRACTOR or
Subcontractor had knowledge of the obligations under the
5. The CONTRACTOR shall inform 'CITY of the Labor Code. The CONTRACTOR is responsible for paying location of the records, enumerated under paragraph (1) the appropriate rate, including any escalations that take above, including the street address, city and county, and place during the term of the AGREEMENT. shall, within five (5) working days, provide a notice of a change of location and address.
3. In addition to the penalty and pursuant to Labor
Code §1775, the difference between the prevailing wage
6. The CONTRACTOR or Subcontractor shall have rates and the amount paid to each worker for each ten (10) calendar days in which to comply subsequent to calendar day or portion thereof for which each worker was receipt of written notice requesting the records paid less than the prevailing wage rate shall be paid to each enumerated in paragraph (1) above. In the event the worker by the CONTRACTOR or Subcontractor.
CONTRACTOR or Subcontractor fails to comply within the
ten (10) day period, he or she shall, as a penalty to CITY,
4. If a worker employed by a Subcontractor on a
forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is public works project is not paid the general prevailing per effectuated. Such penalties shall be withheld by CITY from diem wages by the Subcontractor, the prime CONTRACTOR payments then due. CONTRACTOR is not subject to a of the project is not liable for the penalties described penalty assessment pursuant to this section due to the above unless the prime CONTRACTOR had knowledge of failure of a Subcontractor to comply with this section. that failure of the Subcontractor to pay the specified prevailing rate of wages to those workers or unless the J prime CONTRACTOR fails to comply with all of the
E. When prevailing wage rates apply, the CONTRACTOR is following requirements:
responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the The AGREEMENT executed between the
invoice is approved by the CITY Contract Administrator. performance of work on public works projects
F. Penalty shall include a copy of the requirements in Labor
1. The CONTRACTOR and any of its Subcontractors Code 55 1771, 1775, 1776, 1777.5, 1813, and shall comply with Labor Code 51774 and $1775. Pursuant 1815. to Labor Code §1775, the CONTRACTOR and any
Subcontractor shall forfeit to the CITY a penalty of not b. The CONTRACTOR shall monitor the more than two hundred dollars ($200) for each calendar payment of the specified general prevailing rate • day, or portion thereof, for each worker paid less than the of per diem wages by the Subcontractor to the prevailing rates as determined by the Director of DIR for employees by periodic review of the certified the work or craft in which the worker is employed for any payroll records of the Subcontractor. public work done under the AGREEMENT by the
CITY OF FARMERSVILLE
EXHIBIT E
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
hours per day and forty (40) hours in any week, at not less Upon becoming aware of the than one and one-half (1.5) times the basic rate of pay, as C.
provided in 51815.
prevailing rate of wages to the Subcontractor's
workers, the CONTRACTOR shall diligently take H. Employment of Apprentices corrective action to halt or rectify the fallure, 1. Where either the prime AGREEMENT of the including but not limited to, retaining sufficient
funds due the Subcontractor for work performed subagreement exceeds thirty thousand dollars ($30,000), on the public works project. the CONTRACTOR and any subcontractors under him or her shall comply with all applicable requirements of Labor
Code 55 1777.5, 1777.6 and 1777.7 in the employment of
d. Prior to making final payment to the apprentices.
Subcontractor for work performed on the public
vorks project, the CONTRACTOR shall obtain ar
affidavit signed under penalty of perjury from . 2. CONTRACTORs and subcontractors are required to comply with all Labor Code requirements regarding the
the Subcontractor that the Subcontractor had
employment of apprentices, including mandatory ratios of paid the specified general prevailing rate of per
journey level to apprentice workers. Prior to
diem wages to the Subcontractor's employees
commencement of work, CONTRACTOR and
on the public works project and any amounts due subcontractors are advised to contact the DIR Division of pursuant to Labor Code §1813.
Apprenticeship * Standards website at
https://www.dir.ca.gov/das/, for additional information
5. Pursuant to Labor Code §1775, CITY. shall notify regarding the employment of apprentices and for the the CONTRACTOR on a public works project within fifteen specific journey-to- apprentice ratios for the AGREEMENT (15) calendar days of receipt of a complaint that a work. The CONTRACTOR Is responsible for all Subcontractor has failed to pay workers the general subcontractors' compliance with these requirements. prevailing rate of per diem wages. Penalties are specified in Labor Code §1777.7.
6. If CITY determines that employees of a ARTICLE XII! CONFLICT OF INTEREST Subcontractor were not paid the general prevailing rate of A. During the term of this AGREEMENT, the CONTRACTOR per diem wages and if CITY did not retain sufficient money shall disclose any financial, business, or other relationship under the AGREEMENT to pay those employees the with CITY that may have an impact upon the outcome of balance of wages owed under the general prevailing rate this AGREEMENT or any ensuing CITY construction project. of per diem wages, the CONTRACTOR shall withhold an The CONTRACTOR shall also list current clients who may amount of moneys due the Subcontractor sufficient to pay • have a financial interest in the outcome of this those employees the general prevailing rate of per diem AGREEMENT or any ensuing CITY construction, project wages if requested by CITY. which will follow.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The B. CONTRACTOR certifies that it has disclosed to CITY any CONTRACTOR shall forfeit, as a penalty to the CITY, twenty- actual, apparent, or potential conflicts of interest that may five dollars ($25) for each worker employed in the exist relative to the services to be provided pursuant to this execution of the AGREEMENT by the CONTRACTOR or any AGREEMENT. CONTRACTOR agrees to advise CITY of any of its Subcontractors for each calendar day during which actual, apparent or potential conflicts of interest that may such worker is required or permitted to work more than develop subsequent to the date of execution of this eight (8) hours in any one calendar day and forty (40) hours AGREEMENT. CONTRACTOR further agrees to complete in any one calendar week in violation of the provisions of any statements of economic interest if required by either the Labor Code, and in particular 591810 to 1815 thereof, CITY ordinance or State law. inclusive, except that work performed by employees in
excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon C. The CONTRACTOR hereby certifies that it does not now compensation for all hours worked in excess of eight (8) have nor shall it acquire any financial or business interest that would conflict with the performance of services under
CITY OF FARMERSVILLE
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The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
this AGREEMENT. Congress in connection with this AGREEMENT, the CONTRACTOR shall complete and submit Standard Form-
D. The CONTRACTOR hereby certifies that the CONTRACTOR LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.
or subcontractor and any firm affiliated with the
CONTRACTOR or subcontractor that bids on any B. This certification is a material representation of fact upon construction contract or on any Agreement to provide which reliance was placed when this transactior was made construction inspection for any construction project or entered into. Submission of this certification is a resulting from this AGREEMENT, has established necessary prerequisite for making or entering into this transaction controls to ensure a conflict of interest does not exist. An imposed by 31 U.S.C. 51352. Any person who fails to file affiliated firm is one, which is subject to the control of the the required certification shall be subject to a civil penalty same persons, through joint ownership or otherwise. of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for
each such failure.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL C. The CONTRACTOR also agrees by signing this document
CONSIDERATION
that he or she shall require that the language of this
The CONTRACTOR warrants that this AGREEMENT was. not certification be included in all lower tier subagreements, , obtained or secured through rebates, kickbacks or other which exceed one hundred thousand dollars ($100,000), unlawful consideration either promised or paid to any CITY and that all such subrecipients shall certify and disclose employee. For breach or violation of this warranty, CITY shall accordingly. have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually, performed, or to deduct from this AGREEMENT price or ARTICLE XVI NON-DISCRIMINATION CLAUSE AND otherwise recover the full amount of such rebate, kickback or STATEMENT OF COMPLIANCE other unlawful consideration. A. The CONTRACTOR's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the
ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR CONTRACTOR has, unless exempt, complied with the
FEDERAL FUNDS FOR LOBBYING
nondiscrimination program requirements of Gov. Code
(Include this article in all AGREEMENTS where federal funding §12990 and 2 CCR § 8103. will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re- number the subsequent articles.): B. During the performance of this AGREEMENT, A. The CONTRACTOR certifies, to the best of his or her CONTRACTOR and its subcontractors shall not deny the AGREEMENT's benefits to any person on the basis of race, knowledge and belief, that:
, religious creed, color, national origin, ancestry, physical
1. No State, Federal, or CITY appropriated funds have disability, mental disability, medical condition, genetic been paid or will be paid, by or on behalf of the information, marital status, sex, gender, gender identity, CONTRACTOR, to any person for influencing or attempting gender expression, age, sexual orientation, or military and to influence an officer or employee of any local, State, or veteran status, nor shall they unlawfully discriminate, Federal agency, a Member of the State Legislature or harass, or allow harassment against any employee or United States Congress, an officer or employee of the applicant for employment because of race, religious creed, Legislature or Congress, or any employee of a Member of color, national origin, ancestry, physical disability, mental • the Legislature or Congress in connection with the disability, medical condition, genetic information, marital awarding or making of this AGREEMENT, or with the status, sex, gender, gender identity, gender expression, • extension, continuation, renewal, amendment, or age, sexual orientation, or military and veteran status. modification of this AGREEMENT.
CONTRACTOR and subcontractors shall insure that the
evaluation and treatment of their employees and
2. If any funds other than Federal appropriated applicants for employment are free from such funds have been paid or will be paid to any person for discrimination and harassment. influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer C. CONTRACTOR and subcontractors shall comply with the or employee of Congress, or an employee of a member of
CITY OF FARMERSVILLE
EXHIBIT E
The Fiscal and Federal Provisions Required by Caltrans for State-Agency Only Funded Contracts (Form Revision approved 06/06/2022)
provisions of the Fair Employment and Housing Act (Gov.
Code 912990 et seq.), the applicable regulations I. CONTRACTOR, subrecipient or subcontractor will never promulgated there under (2 CCR §11000 ét seg.), the exclude any person from participation in, deny any person provisions of Gov. Code §§11135-11139.5, and the the benefits of, or otherwise discriminate against anyone regulations or standards adopted by CITY to implement in connection with the award and performance of any such article. The applicable regulations of the Fair contract covered by 49 CFR 26 on the basis of race, color, Employment and Housing Commission implementing Gov. sex, or national origin. In administering the CITY Code §12990 (a-f), set forth 2 CCR 598100-8504, are components of the DBE Program Plan, CONTRACTOR, incorporated into this AGREEMENT by reference and made subrecipient or subcontractor will not, directly, or through a part hereof as if set forth in full: contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or
D. CONTRACTOR shall permit access by representatives of the substantially impairing accomplishment of the objectives Department of Fair Employment and Housing and the CITY of the DBE Program Plan with respect to individuals of a upon reasonable notice at any time during the normal particular race, color, sex, or national origin. business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and ARTICLE XVII DEBARMENT AND SUSPENSION all other sources of information and its facilities as said CERTIFICATION Department or CITY shall require to ascertain compliance A. The CONTRACTOR's signature affixed herein shall with this clause.
constitute a certification under penalty of perjury under the laws of the State of California, that the CONTRACTOR E. CONTRACTOR and its subcontractors shall give written or any person associated therewith in the capacity of 'notice of their obligations under this clause to labor owner, partner, director, officer or manager:
organizations with which they have a collective bargaining or other Agreement.
1. Is not currently under suspension, debarment,
voluntary exclusion, or determination of ineligibility by any F. CONTRACTOR shall include the nondiscrimination and federal agency; compliance provisions of this clause in all subcontracts to 2. Has not been suspended, debarred, voluntarily perform work under this AGREEMENT. excluded, or determined ineligible by any federal agency within the past three (3) years;
G. The CONTRACTOR, with regard to the work performed 3. Does not have a proposed debarment pending; under this AGREEMENT, shall act in accordance with Title and VI of the Civil Rights Act of 1964 (42 U.S.C. $2000d'et seq.). 4. Has not been indicted, convicted, or had a civil Title VI provides that the recipients of federal assistance judgment rendered against it by a court of competent will implement and maintain a policy of nondiscrimination jurisdiction in any matter involving fraud or official in which no person in the United States shall, on the basis misconduct within the past three (3) years. of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by B. Any exceptions to this certification must be disclosed to the recipients of federal assistance or their assignees and CITY. Exceptions will not necessarily result in denial of successors in interest. recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, H. The CONTRACTOR shall comply with regulations relative to and the dates of agency action. non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
Effectuation of Title VI of the Civil Rights Act of 1964). C. Exceptions to the Federal Government Excluded Parties Specifically, the CONTRACTOR shall not participate either List System maintained by the U.S. General Services directly or indirectly in the discrimination prohibited by 49 Administration are to be determined by FHWA.
CFR 521.5, including employment practices 'and the
• selection and retention of Subcontractors.
EXHIBIT F
General Agreements Terms and Conditions
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
1. PAYMENT DOES NOT. IMPLY ACCEPTANCE OF WORK: personnel, but all personnel, including those assigned at CONTRACTOR is not entitled to any payments from CITY CITY'S request, must be supervised by CONTRACTOR. until the City Department forwhich services are provided CONTRACTOR shall commit adequate resources to allow under the Agreement approves services, including any timely completion within the project schedule specified in furnished deliverables, as satisfying all of the this Agreement. requirements of this Agreement. Payments to
CONTRACTOR by CITY shall not excuse CONTRACTOR 5. INDEPENDENT CONTRACTOR STATUS: The Parties from its obligation to replace unsatisfactory enter into this Agreement with the express understanding deliverables, including equipment, components, that CONTRACTOR will perform all services required materials, or services even if the unsatisfactory character under this Agreement as an independent contractor. The of such deliverables, equipment, components, materials, Parties agree that the CONTRACTOR and any of its agents, or services may not have been apparent or detected at employees, or officers cannot be considered agents, the time such payment was made. Deliverables, employees, or officers of CITY. Further, CONTRACTOR equipment, components, materials and services that do confirms that they have read Labor Code $2750.5, and not conform to the requirements of this Agreement may that they understand that there is a presumption that any be rejected by CITY and in such case must be replaced by person providing services is presumed to be an employee.
CONTRACTOR without delay and at no cost to the CITY. Accordingly, CONTRACTOR, on behalf of themselves, their agents, and their employees, hereby affirms that they
2. DISALLOWANCE: If CONTRACTOR requests or receives meet the requirements of Labor Code §2750.5 for payment from CITY for services hereunder, Independent Contractor status, and will indemnify CITY in reimbursement for which is later disallowed by the State the event that CONTRACTOR, or CONTRACTOR'S agents of California or United States Government, CONTRACTOR or employees, is deemed to be a presumptive employee shall promptly refund the disallowed amount to CITY of CITY. upon CITY'S request. At its option, CITY may offset the amount disallowed from any payment due or to become CONTRACTOR agrees to advise everyone it assigns or hires due to CONTRACTOR under this Agreement or any other to perform any duty under this Agreement that they are Agreement between CONTRACTOR and CITY. not employees of CITY.Subject to any performance criteria CONTRACTOR'S obligations under this section 2 will contained in this Agreement, CONTRACTOR will be solely survive the expiration or termination of this Agreement. responsible for determining the means and methods of performing the specified services and CITY will have no
3. LIABILITY OF CITY: CITY's payment obligations under right to control or.exercise any supervision over CONTRAC- this Agreement shall be limited to the payment of the TOR as to how the CONTRACTOR will perform the services. compensation provided for in section 3, "PAYMENT FOR As CONTRACTOR is not CITY'S employee, CONTRACTOR is SERVICES," of this Agreement. Notwithstanding any other responsible for paying all required state and federal taxes. provision of this Agreement, in no event shall CITY be In particular, CITY will not:
liable, regardless of whether any claim is based on
contract or tort, for any special, consequential, indirect or (1) Withhold FICA. (Social Security) from CON- incidental damages, including, but not limited to, lost TRACTOR'S payments. profits, arising out of or in connection with this (2) Make state or federal unemployment insurance Agreement or the services performed in connection with contributions on CONTRACTOR'S be- half. this Agreement. (3) Withhold state or federal income tax from payments to CONTRACTOR.
4. QUALIFIED PERSONNEL: CONTRACTOR shall utilize (4) Make disability insurance contributions on behalf only competent personnel under the supervision of, and of CONTRACTOR. in the employment of, CONTRACTOR (or CONTRACTOR'S (5) Obtain unemployment compensation insurance on authorized subcontractors) to perform the services. behalf ofCONTRACTOR.
CONTRACTOR will comply with CITY'S reasonable
requests regarding assignment and/or removal of Notwithstanding this independent contractor
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERIVS AND CONDITIONS
(Form revision approved as of 06/06/2022)
relationship, CITY will have the right to monitor and the Political Reform Act, Government Code Section 81000 evaluate the performance of CONTRACTOR to assure et seq. and regulations promulgated by the California Fair compliance with this Agreement. Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not
6. COMPLIANCE WITH LAW: CONTRACTOR must provide limited to, prohibitions against any public officer or services in accordance with applicable Federal, State, and employee, including CONTRACTOR for this purpose, from local laws, regulations and directives. With respect to making any decision on behalf of CITY in which the officer, CONTRACTOR'S employees, CONTRACTOR must comply employee or consultant/contractor has a direct or with all laws and regulations pertaining to wages and indirect financial interest. A violation can occur if the hours, state and federal in- come tax, unemployment public officer, employee or consultant/contractor insurance, Social Security, disability insurance, workers' participates in or influences any CITY decision that has the compensation insurance, and discrimination in potential to confer any pecuniary benefit on employment. CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
7. LICENSES AND PERMITS: CONTRACTOR represents and
warrants that it possesses and will maintain during the (b) CONTRACTOR agrees that if any facts come to its term of this Agreement all licenses and permits required attention that raise any questions as to the applicability for its performance of the services required under this of conflicts of interests laws, then it will immediately Agreement. inform CITY and provide all information needed for resolution of this question.
8. GOVERNING LAW: The laws of the State of California,
without reference to California conflict of laws principles, 11. INSURANCE: The attached Exhibit C outlines the govern this Agreement and its interpretation. The Parties minimum scope, specifications, and limits of insurance agree that this Agreement is made in and will be required under this Agreement. Additional insured performed in City of Farmersville, California. endorsements required as outlined in Exhibit C cannot be ! used to reduce limits available to CITY as an additional
9. RECORDS AND AUDIT: CONTRACTOR must maintain insured from CONTRACTOR'S full policy limits. Insurance complete and accurate records with respect to the policies cannot be used to limit liability or to limit the services rendered and the costs incurred under this indemnification provisions and requirements of this Agreement. In addition, CONTRACTOR must maintain Agreement or act in any way to reduce the policy coverage complete and accurate records with respect to any and limits available from the insurer(s). If CONTRACTOR payments to employees or subcontractors. All of the fails to maintain or renew coverage, or to provide records must be prepared in accordance with generally evidence of renewal, then CITY may consider that failure accepted accounting procedures, must be clearly a material breach of this Agreement. CITY may also identified, and must be kept readily accessible. Upon withhold any payment otherwise due to CONTRACTOR for request, CONTRACTOR must make the records available failure to provide evidence of renewal until CONTRACTOR within City of Farmersville to the Auditor of City of provides such evidence.
Farmersville and to his or her agents and representatives, for the purpose of auditing and/or copying the records for 12. INDEMNIFICATION AND DEFENSE:
a period of five (5) years from the date of final payment To the fullest extent permitted by law under this Agreement. (a), CONTRACTOR must indemnify, defend (at CONTRACTOR'S sole cost and expense and with legal
10. CONFLICT OF INTEREST: counsel approved by CITY, which approval may not be (a) At all times during the performance of this unreasonably withheld), protect and hold harmless CITY, Agreement, CONTRACTOR must comply with the law of all subsidiaries, divisions and affiliated agencies of CITY, the State of California regarding conflicts of interests and and all of their representatives, partners, designees, appearance of conflicts of interests, including, but not officers, directors, employees, consultants, agents, limited to, Government Code Section 1090 et seq., and successors and assigns, (each, an "Indemnified Party"
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
and collectively, the "Indemnified Parties"), from and obligation to provide independent defense counsel if against all claims (including, without limitation, claims CONTRACTOR asserts that liability is caused in whole or for bodily injury, death or damage to property), in part by the negligence or willful misconduct of an demands, obligations, damages, actions, causes of Indemnified Party. If it is finally adjudicated that liability action, suits, losses, judgments, fines, penalties, was caused by the comparative active negligence or liabilities, costs and expenses (including, without willful misconduct of an Indemnified Party, then limitation, attorneys' fees, disbursements and court CONTRACTOR may submit a claim to the CITY for costs, and all other professional expert or consultants' reimbursement of reasonable attorneys' fees and fees and costs and CITY general and administrative defense costs in proportion to the established expenses) of every kind and nature whatsoever comparative liability of the Indemnified Party. (individually, a "Claim"; collectively, "Claims") which may CONTRACTOR'S indemnification obligations under this arise out of, pertain to, or relate (directly or indirectly) Agreement will survive the expiration or earlier to the negligence, recklessness, or misconduct of termination of this Agreement until action against the CONTRACTOR with respect to any work performed or Indemnified Parties for the matter indemnified is fully services provided under this Agreement (including, and finally barred by the applicable statute of limitations without limitation, the acts, errors and/or omissions of or statute of repose. CONTRACTOR'S liability for CONTRACTOR, its principals, officers, agents, indemnification under this Agreement is in addition to employees, vendors, suppliers, consultants, sub- any liability CONTRACTOR may have to CITY for a breach consultants, contractors, anyone employed directly or by CONTRACTOR of any of the provisions of this indirectly by any of them or for whose acts they may be Agreement. Under no circumstances may the insurance liable or any or all of them). CONTRACTOR'S obligation requirements and limits set forth in this Agreement be to indemnify applies unless it is finally adjudicated that construed to limit CONTRACTOR'S indemnification the liability was caused by the sole active negligence or obligation or other liability under this Agreement. The sole willful misconduct of an Indemnified Party. If it is terms of this Agreement are contractual and the result finally adjudicated that liability is caused by the of negotiation between the Parties. comparative active negligence or willful misconduct of
, an Indemnified Party, then CONTRACTOR'S CONTRACTOR must indemnify and hold CITY harmless indemnification obligation shall be reduced in from all loss and liability, including attorneys' fees, court proportion to the established comparative liability. costs and all other litigation expenses, for any infringement of the patent rights, copyright, trade secret (b) The duty to defend is a separate and distinct or any other proprietary right or trademark, and allother obligation from CONTRACTOR'S duty to indemnify. intellectual property claims of any person or persons in CONTRACTOR shall be obligated to defend, in all legal, consequence of the use by CITY, or any of its officers or equitable, administrative, or special proceedings, the agents, of articles or services to be supplied in the Indemnified Parties immediately upon tender to performance of this Agreement.
CONTRACTOR of the Claim in any form or at any stage of
an action or proceeding, whether or not liability is 13. TERMINATION:
established. Payment to CONTRACTOR by any (a) Without Cause: CITY may terminate this Agreement Indemnified Party or the payment or advance of defense without cause by giving thirty (30) days' prior written costs by any Indemnified Party cannot be a condition notice to CONTRACTOR of its intention to terminate precedent to enforcing the Indemnified Party's rights to under this provision, specifying the date of termination. indemnification under this Agreement. An allegation or CITY will pay to CONTRACTOR the compensation earned determination that persons other than CONTRACTOR for work satisfactorily performed and not previously paid are responsible for the Claim does not relieve for to the date of termination. CITY will not pay lost CONTRACTOR from its separate and distinct obligation anticipated profits or other economic loss. The payment to defend under this section. The obligation to defend of any compensation is subject to the restrictions on extends through final judgment, including exhaustion of payment of compensation otherwise provided in this any appeals. The defense obligation includes an Agreement, and is conditioned upon receipt from
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
CONTRACTOR of all plans, specifications and estimates, day period, then the non-defaulting Party may terminate and other documents prepared by CONTRACTOR in this Agreement on further written notice specifying the accordance with this Agreement. CITY will not impose date of termination. If the nature of the breach is such sanctions on CONTRACTOR under these circumstances. that it cannot be cured within a 5- day period, then the defaulting Party may submit a written proposal within.
(b) With Cause: Either Party may terminate this that period which sets forth a specific means to resolve Agreement immediately, by written notice to the other the default. If the non- defaulting Party consents to that Party, should the other Party: proposal in writing, which consent may not be unreasonably withheld, then the defaulting Party must
(1) Be adjudged a bankrupt, or immediately embark on its plan to cure the default or (2) Become insolvent or have a receiver appointed, breach. If the default or breach is not cured within the time agreed, then the non-defaulting Party may
(3) Make a general assignment for the benefit of terminate this Agreement upon written notice specifying creditors, or the date of termination.
(4) Suffer any judgment that remains unsatisfied for
30 days, and that would substantively impair the CITY will pay to CONTRACTOR the compensation earned ability of the judgement debtor to perform for work satisfactorily performed and not previously paid under this Agreement, or for to the date of termination. The payment of such (5) Materially breach this Agreement. compensation is subject to the restrictions on payment of compensation otherwise provided in this Agreement, and
in addition, CITY may terminate this Agreement based is conditioned upon 'receipt from CONTRACTOR of all on: plans, specifications and estimates, and other documents prepared by CONTRACTOR by the date of termination in
(6) Material misrepresentation, either by accordance with this Agreement. CITY will not pay lost CONTRACTOR or anyone acting on anticipated profits or other economic loss, nor will CITY CONTRACTOR'S behalf, as to any matter related pay compensation or make reimbursement to cure a in any way to CITY'S retention of CONTRACTOR, breach arising out of or resulting from such termination. or If CITY terminates this Agreement for cause and the
(7) Other misconduct or circumstances that, in the expense of finishing CONTRACTOR'S scope of work sole discretion of CITY, either impairs the ability exceeds the unpaid balance of the Agreement, then of CONTRACTOR to competently provide the CONTRACTOR must pay the difference to CITY. CITY may services under this Agreement, or exposes CITY impose sanctions under these circumstances, which may to an unreasonable risk of liability. include possible rejection of future proposals based on specific causes of CONTRACTOR'S non-performance.
For any of the occurrences except item (5) above, (c) Effects of Termination: Expiration or termination of termination maybe effected upon written notice by the this Agreement will not terminate any obligations terminating Party specifying the date of the termination. to indemnify, to maintain and make available any If CONTRACTOR fails to perform according to the terms records pertaining to the Agreement, to cooperate and conditions of this Agreement, then CITY may, in with any audit, to be subject to offset, or to make addition to any other remedy it may have, issue a any re- ports of pre-termination contract activities. declaration of default after 10 days written notice to Where CITY terminates CONTRACTOR'S services, CONTRACTOR. that termination will not affect any rights of CITY to recover damages against CONTRACTOR.
Upon a material breach; the Agreement may be
terminated after the failure of the defaulting Party to (d) Suspension of Performance: Independent of any right remedy the breach to the satisfaction of the non- to terminate this Agreement, the authorized defaulting Party within 5 days of written notice specifying representative of the CITY department oragency for the breach. If the breach is not remedied within that 5- which CONTRACTOR'S services are to be per-
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
formed, may immediately suspend performance by 16. FORM DE 542: If CONTRACTOR is an individual, CONTRACTOR, in whole or in part, in response to CONTRACTOR acknowledges that this Agreement is health, safety or financial emergency, or a failure or subject to filing obligations under Unemployment refusal by CONTRACTOR to comply with the Insurance Code Section 1088.8. Accordingly, CITY has an provisions of this Agreement, until such time as the obligation to file a report with the Employment cause for suspension is resolved, or a notice of Development Department, which report will include termination becomes effective. CONTRACTOR'S full name, social security number, address, the date this Agreement was executed, the
14. LOSS OF FUNDING: It is understood and agreed that if total amount of the Agreement, its expiration date or CITY'S funding is either discontinued or reduced for the whether it is ongoing. CONTRACTOR agreesto cooperate services to be provided hereunder, then CITY will have the with CITY to make that information available and to right to terminate this Agreement under section 13 (a) complete Form DE- 542. Failure to provide the required ("Termination With- out Cause") as of the end of the term information may, at CITY'S option, prevent approval of for which funds are appropriated. Such termination shall this Agreement, or be grounds for termination by CITY. be without penalty, liability, or expense to CITY of any kind, provided that CITY shall pay CONTRACTOR in accordance 17. WORKS FOR HIRE: CONTRACTOR acknowledges with section 13(a) for services satisfactorily performed that all works) under this Agreement are "work(s) for prior to the date of such termination and to the extent hire" within the meaning of the United States Copyright funds have been appropriated for such payment. Act (Title 17 United States Code) and hereby assigns to CITY all rights and interests CONTRACTOR may have in
15. SUBMITTING FALSE CLAIMS; MONETARY PENALTIES: the work(s) it prepares under this Agreement, including Under applicable federal and state law, if CONTRACTOR any right to derivative use of the work(s). All software submits a false claim to CITY under this Agreement, then and related materials developed by CONTRACTOR in CONTRACTOR will be liable to CITY for the statutory performance of this Agreement for CITY will be the sole penalties set forth in those statutes, including but not property of CITY, and CONTRACTOR hereby assigns and limited to statutory fines, treble damages, costs, and transfers all its right, title, and interest therein to CITY. attorneys' fees. CONTRACTOR will be deemed to have CONTRACTOR will execute all necessary documents to submitted a false claim to CITY CONTRACTOR: enable CITY to protect CITY'S intellectual property rights (a) Knowingly presents or causes to be presented to CITY under this section. a false claim or requeșt for payment or approval;
18. WORK PRODUCT: Ali work product, equipment, or
(b) Knowingly makes, uses, or causes to be made or used materials created for CITY or purchased by CITY under a false record or statement to get a false claim paid or this Agreement belong to CITY and CONTRACTOR must approved by CITY; immediately deliver themto CITY at CITY'S request upon termination or completion of this Agreement.
(c) Conspires to defraud CITY by getting a false claim
allowed or paid by CITY; 19. TIME OF ESSENCE: The Parties agrees that time is of essence under this Agreement, unless they agree
(d) Knowingly makes, uses, or causes to be made or used otherwise in writing. a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to 20., CONFIDENTIALITY: CONTRACTOR may not use or CITY; or disclose any information it receives from CITY un- der this Agreement that CITY has previously identified as
(e) Is a beneficiary of an inadvertent submission of a false confidential or exempt from mandatory public claim to CITY, later discovers the falsity of the claim, and disclosure except as necessary to carry out the purposes fails to disclose the false claim to CITY within a reasonable of this Agreement or as authorized in advance by CITY. time after discovery of the false claim. Unless required to do so by law, including, but not limited to, the Ralph M. Brown Act or the California
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
Public Records Act, CITY may not disclose to third parties any information it receives from CONTRACTOR that (1) The aggrieved Party shall give the other Party, as "CONTRACTOR has previously identified as confidential. soon as possible after the event giving rise to the If CITY determines that it must disclose any information concern, written notice setting forth, with that CONTRACTOR previously identified as confidential, specificity, the issues to be resolved. Notice shall then it shall promptly give CONTRACTOR written notice be provided consistent with the terms of the of its intention to disclose such information and the Agreement. Said notice shall suggest a date, time authority for such disclosure. CONTRACTOR shall have and place for the negotiations session. Shall period of five (5) calendar days thereafter within which commence within fifteen (15) calendar days after to seek a protective court order to prevent such the date that the original notice was given to the disclosure or to notify CITY that it will not seek such an applicable Party, unless the Parties agree that order. CITY shall cooperate with CONTRACTOR in any there is a good cause to extend this time limit. efforts to seek such a court order. CITY shall not disclose (2) The Parties agree that the negotiations session(s), the information until the five (5) day period has expired including proceedings or discussions concerning without a response from CONTRACTOR, or the proposed negotiations session(s), are to be CONTRACTOR has notified CITY that it will not seek such considered confidential settlement negotiations an order, or CONTRACTOR has sought, and a court has for the purpose of all state and federal rules declined to issue a protective order for such protecting disclosures made during such information. If CONTRACTOR seeks a protective order conferences from later discovery or use in for such information, CONTRACTOR shall defend and evidence. All conduct, statements, promises, indemnify CITY from any and all loss, injury, or claim offers, views and opinions, oral or written, made arising from CITY'S withholding of the information from during a negotiations session by any Party or a the requestor. This includes any attorney's fees awarded Party's agent, employee, or attorney shall-be to the requestor. The duty of CITY and CONTRACTOR to deemed to be confidential and shall not be maintain confidentiality of information under this subject to discovery or admissible for any 'section continues beyond the term of this Agreement. purpose, including impeachment, in any litigation or other proceeding, including mediation and
21. ASSIGNMENT/SUBCONTRACTING: Unlessotherwise non-binding arbitration, involving the Parties; provided in this Agreement, CITY is relying on the provided, however, that evidence otherwise personal skill, expertise, training and experience of subject to discovery or otherwise admissible is CONTRACTOR and CONTRACTOR'S employees and no not excluded from discovery or admission into part of this Agreement may be assigned or subcontracted evidence simply as a result of it having been used by CONTRACTOR without the prior written consent of CITY, in connection with the negotiations session(s). which consent CITY may grant, delay, deny, or condition in (3) Absent mutual consent of the Parties, if a noticed its absolute discretion. negotiations session fails to commence within the fifteen (15) calendar day period, or if a reasonable
22. DISPUTES AND DISPUTE RESLOTUION: attempt to schedule or reschedule the (a)CONTRACTOR shall continue with its responsibilities negotiations session has not been made within under this Agreement during any dispute. those fifteen (15) calendar days, then the negotiations obligation imposed under this
(b)Informal Negotiations: If a dispute arises out of or Section shall be deemed to have been satisfied relating to this Agreement, or the breach of the and the Parties shall be free to pursue their rights Agreement, then the Parties shall make their best efforts and remedies under this Section 22, unless the to informally resolve such disputes. To foster a spirit of reason for such failure to convene a negotiations cooperation and efficiency in the administration of this session is the refusal of the Party asserting a claim Agreement, disputes between the Parties shall first be to participate in the negotiations session, in subjected to a good faith negotiations process as which event said claim will be deemed to have been waived.
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
(4) If the dispute is not resolved to the satisfaction of (7) The Parties agree that the mediation, including the Parties within thirty (30) calendar days after proceedings or discussions concerning the the first negotiations session, then upon the mediation, is to be considered a confidential written request of either Party, the dispute may settlement negotiation for the purpose of all state be submitted to non-binding mediation in and federal rules protecting disclosures made accordance with this Section 22 ("Mediation during such conferences from later discovery or Request). use in evidence. All conduct, statements,
promises, offers, views and opinions, oral or
(c) Mediation. If a dispute arising out of or relating to this written, made during the mediation by any Party Agreement is not resolved through the above described or a Party s agent, employee, or attorney shall be negotiations process, then within thirty (30) days after deemed to be confidential and shall not be notice is provided through a Mediation Request, the subject to discovery or admissible for any Parties shall participate in non- binding mediation purpose, including impeachment, in any litigation administered by a mediator to help mediate and settle or other proceeding, including and non-binding the dispute as soon as practicable. The mediation shall arbitration, involving the Parties; provided, proceed as follows: however, that evidence otherwise subject to (1) The mediation shall be held at a mutually discovery or admissible is not excluded from agreeable location within City of Farmersville, discovery or admission into evidence simply as a California. result of it having been used in connection with the mediation.
(2) The Parties shall mutually select the mediator,
who shall be an attorney currently licensed to (8) The mediator's decision shall not be binding on or practice law in the State of California, or be a admissible against either Party. If mediation fails retired federal or state judge or magistrate. If the to resolve the dispute, then either Party may Parties disagree on selection of the médiator, then pursue litigation to resolve the dispute. the Parties will select the mediator by lot from 23. PROPERTY TAXES: Under the terms of California among two nominations provided by each Party. Revenue and Taxation Code section 107.6 (possessory interest tax), CONTRACTOR'S possession or use of any
(3) The mediator shall meet with and hear CITY-owned real property under this Agreement may presentations by the Parties as soon as practicable create a "possessory interest" in the real property. If a afterappointment. possessory interest is created, then it may be subject to property taxation and CONTRACTOR may be subject
(4) Mediation will be conducted consistent. with to the payment of property taxes on that possessory California Evidence Code Sections 1115- 1128. interest.
The mediator shall owe a professional duty to
both Parties, and shall be barred from testifying 24. FURTHER ASSURANCES: Each Party will execute any in any litigation concerning any information additional documents and perform any further acts obtained or disclosed in the course of the that may be reasonably required to effect the purposes mediation. of this Agreement.
(5) Each side shall bear its own costs and attorneys' 25. CONSTRUCTION: This Agreement reflects the fees, and one-half of all fees and expenses of the contributions of all Parties and so the provisions of mediator. Civil Code section 1654 will not apply to address and interpret any alleged uncertainty or ambiguity.
(6) Unless otherwise agreed upon by the Parties in
writing, the mediation shall be completed within 26. HEADINGS: Section headings are provided for thirty (30) days of the selection of the mediator. organizational purposes only and do not in any
CITY OF FARMERSVILLE'S
GENERAL AGREEMENT TERMS AND CONDITIONS
(Form revision approved as of 06/06/2022)
manner affect the scope, meaning, or intent of the or regulation. The Parties recognize that both provisions under the headings. CONTRACTOR and CITY have the responsibility to protect CITY employees and clients from unlawful activities,
27. NO THIRD-PARTY BENEFICIARIES INTENDED: Unless including discrimination and sexual harassment in the specifically set forth, the Parties to this Agreement do workplace. Accordingly, CONTRACTOR agrees to provide not intend to provide any other party with any benefit or appropriate training to its employees regarding enforceable legal or equitable right or remedy. discrimination and sexual harassment issues, and to promptly and appropriately investigate any allegations
28. WAIVERS: The failure of either Party to insist on strict that any of its employees may have engaged in improper compliance with any provision of this Agreement will not dis- crimination or harassment activities. CITY, in its sole be considered a waiver of any right to do so, whether for discretion, has the right to require CONTRACTOR to that breach or any later breach. The acceptance by either replace any employee who provides services of any kind Party of either performance or payment will not be to CITY under this Agreement with other employees considered a waiver of any preceding breach of the where CITY is concerned that its employees or clients Agreement by the other Party. may have been or may be the subjects of discrimination or harassment by such employees. CITY'S right to
29. ORDER OF PRECEDENCE: In the event of any conflict or require replacement of employees under this section inconsistency between or among the body of the does not preclude CITY from terminating this Agreement i Agreement (which includes these "General Agreement with or without cause as provided for under this Terms and Conditions") and any Exhibit, Schedule, or Agreement.
Attachment, then the terms and conditions of the body
of the Agreement shall prevail. 33. DRUG-FREE WORKPLACE POLICY: CONTRACTOR acknowledges that under the Federal Drug-Free
30. CONFLICT WITH LAWS OR REGULATIONS Workplace Act of 1989 and the California Drug-Free /SEVERABILITY: This Agreement is subject to all Workplace Act of 1990, the unlawful manufacture, applicable laws and regulations. If any provision of this distribution, dispensation, possession, or use of a con- Agreement is found by any court or other legal authority, trolled substance is prohibited on CITY premises. or is agreed by the Parties to be, in conflict with any code CONTRACTOR agrees that any violation of this or regulation governing its subject matter, only the prohibition by CONTRACTOR, its employees, agents, or conflicting provision will be considered null and void. If as- signs will be deemed a material breach of this the effect of nullifying any conflicting provision is such Agreement. that a material benefit of the Agreement to either Party is lost, then the Agreement may be terminated at the 34. RECYCLED PAPER CONTENT: To the extent option of the affected Party. In all other cases, the CONTRACTOR'S services under this Agreement include remainder of the Agreement will continue in full force printing services, pursuant to Public. Contract Code and effect. section 22153 CONTRACTOR shall use paper that meets the recycled content requirements of Public
31. ENTIRE AGREEMENT: This Agreement represents the Contract Code section 12209. entire agreement between CONTRACTOR and CITY asto
its subject matter and no prior oral or written
understanding will be of any force or effect. No part of this Agreement may be modified without the written
consent of both Parties.
32. ASSURANCES OF NON-DISCRIMINATION: CONTRACTOR
must not discriminate in employment or in the provision of services based any characteristic or condition upon
which discrimination is prohibited by state or federal law •
CITY oF
FARMERSVILLE
City Council
Staff Report 8E
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: September 12, 2022
SUBJECT: AB 361 and Teleconferenced Meetings
RECOMMENDED ACTION:
Provide findings and direction regarding AB 361 related to teleconference meetings.
BACKGROUND and DISCUSSION:
On September 16, 2021, Governor Newsom signed Assembly Bill 361 amending the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a "proclaimed state of emergency" by the Governor. This allowance also depends on local officials finding that meeting in person would present an imminent safety risk to attendees. AB 361 would apply to any proclaimed emergencies such as earthquakes, floods, and wildfires in addition to the current pandemic.
Pursuant to AB 361 if public comment is disrupted due to technical difficulties, then the legislative body may not take any vote or other official action until the technical disruption is corrected and public access is restored.
Additionally, AB 361 requires the legislative body to make findings by majority vote every 30 days that a state of emergency exists and continues to directly impact the ability of the members to promote social distancing. The City Council voted and directed staff on October 11, 2021, to comply with AB 361 based on their findings that there is still a risk to the health and safety of attendees. To continue holding teleconference meetings, the City Council must make these same findings every 30 days or decide to return to in-person meetings. Staff respectfully requests findings by the City Council and direction at this time.
ATTACHMENT(S):
AB 361
AUTHENTICATED
LECTRONIC LEGAL MATERIA
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
(I) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconterence location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165
resolving requests for reasonable accommodation for individuals with This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held, for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks . to the health or satety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local gency's control which prevents members of the public from offering publi comments, until public access is restored. The bill would specify that action taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 — 3 - Ch. 165
his bill would exclude from that prohibition, a registration requiremer nposed by a third-party internet website or other online platform not unde the control of the legislative body.'
le location specited in the notice of the meetin
he Governor's Executive Order No. N-29-20 suspends the requirement sody ly res mei requests for reasonady acco procedato receiving and with disabilities, as specified.
telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body bolding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconterence location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law; as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State / University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the 92 Ch. 165 4
public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address he legislative body. With respect to a legisiative body holding a public neeting pursuant to these provisions, the bill would suspend certair requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconterencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attenc the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
ns The Calitic a Cos tote meetingses focalie bodies and the purpos • ensuring public access to the meetings
of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
26 - 5- Ch. 165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(2) For a legislative body holding public ting ag
eleconferencing pursuant to this section, all of the following requirement:
in this article are suspended:
paris pach indepere loop feting be a me in the ill be
teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
body that holds a meeting through teleconferencing pursuant to this section 92 Ch. 165 — 6—
he means by which members of the public may observe the meeting an offer public comment. As to any instance in which there is a change in th neans of public observation and comment, or any instance prior to th ffective date of this section in which the time of the meeting has beel noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body internet website.
(i) All legislative bodies utilizing the teleconferencing procedures in this the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state (b) (1) For a state body holding a public meeting through •
for a public meeting, are hereby suspended.
2) For a state body holding a public meeting through teleconferencin ursuant to this section, all of the following requirements in this article ar - into e pot my ocean the late buy a encha
teleconference conference location.
92 - 7— Ch. 165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant t his section and allows members of the public to observe and address th meeting telephonically or otherwise electronically, the state body shall also do both of the following:
in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
e urged to use sound discretion and to make reasonable els orts to sece) as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165 - 8-
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legisiațive body. All votes taken during a teleconferenced meeting shall be by rollcall.
3) If the legislative body of a local agency elects to use teleconferencing it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconterence, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory ove which the local agency exercises jurisdiction, except as provided is ubdivisions (d). and (e). The agenda shall provide an opportunity fo nembers of the public to address the legislative body directly pursuant t Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations connected by electronic means, through either audio or video, or both Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legisiative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local -
inspect or copy records created or received in the process of developing the recommendation
92 •
- 9 - Ch. 165
toward the establishment of a quorum
any person to call in to participate in the meeting and the number and acces:
odes are identified in the notice and agenda of the meeting (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
rgence and state or local of cine are impose or rene sende vercercy. al
measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of mergency and has determined, by majority vote, pursuant to subparagrapł (B), that, as a result of the emergency, meeting in person would presen imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas 92 in each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconterence may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has (i) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (i11) A legislative body that provides a timed general public commen eriod that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 - 11- Ch. 165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order • continue to teleconference without compliance with paragraph (3) o ubdivision (b), the legislative body shall, not later than 30 days afte leconferencing for the first time pursuant to subparagraph (A), (B), ог (C f paragraph (1), and every 30 days thereafter, make the following findins by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(* This taf the colleging courses tes exectly impact the ability of the embers to meet sately in perso
1) State or local officials continue to impose or recommend measure to promote social distancing.
1a4 order are pes of this ali on, ate of en me cata
Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Ieleconterencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
teleconference meetings in a manner that protects the statutory and 92 Ch. 165 - 12 -
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
4) For the purposes of this section, "teleconference" means a meetin f a legislative body, the members of which are in different location:
connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local . agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph Shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
1) (1) Notwithstanding the provisions relating to a quorum in paragrap ) ot subdivision (b), it a health authority conducts a teleconference meetin members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within , near the jurisdiction of the authority. A teleconference meeting for whir quorum is established pursuant to this subdivision shall be subiect to :
other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, Section 14087.3 of the Welfare and Institutions Code, and any advisor ommittee to a county-sponsored health plan licensed pursuant to Chapte 92 - 13- Ch. 165
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with he requirements of paragraph (3) of subdivision (b) it the legislative bod! complies with the requirements of paragraph (2) of this subdivision in an of the following circumstances:
(er Thy, and ative bo local o a male have urposed or recommend of measures to promote social distancing.
to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of (m, that, a real or me entry may, my ring in person subia present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision , shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
mei Than defie age da shall prald an open or he for neto are the public to address the legislative body directly pursuant to Section 54954.3.
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legisiative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, agenda until public access to the meeting via the call-in option or submited in egislative body mali got degust roule copportinity for 92 Ch. 165 - 14-
the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the I enda ide port comment unt to that tied ursulic to subpat perad has (11) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be 111) A legislative body that provides a timed general public commen eriod that does not correspond to a specific agenda item shall not close thi by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(i) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 - 15- Ch. 165
of the legislative body of a local agency, except as otherwise provided in (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or (2) Teleconterencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the eleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
d) (1) Notwithstanding the provisions relating to a quorum in paragrapl 3) of subdivision (b), if a health authority conducts a teleconference meetin 92 Ch. 165 - 16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconterence it at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows we and ridied andee any person to call in to participate in the meeting and the number and access , codes are identified in the notice and agenda of the meeting (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authonty or from using teleconference locations within or-near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, , 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any join powers authority created pursuant to Article 1 (commencing with Sectior 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (I) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and applicable provisions of law relating to a specific type of meeting or proceeding.
2) Teleconterencing, as authorized by this section, may be used for a purposes in connection with any meeting within the subject matte jurisdiction of the legislative body. All votes taken during a teleconferenced (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 •
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legisiative body of a local agency. Each teleconference location shall be subdivic to ad, rs telegratial pody die any putant to Set 49505 at each teleconference location.
4) For the purposes of this section, "teleconterence means a meeting of a legislative body, the members of which are in ditterent locations connected by electronic means, through either audio or video, or both Nothing in this section shall prohibit a local agency from providing th (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
take The leg volatior body of a late acy shal abli my reper presention (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a germ is estab of this rectant to this subdivision shall be subject to all (3) For purposes of this subdivision, a health authority means any entity 1408738, and 140819605 of theistar and list, lins code, any it. 92 Ch. 165 - 18-
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. S. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use ot teleconterencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and deciares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC.8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation 92 - 19- Ch. 165
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public official:
and agencies within the meaning of Section 3 of Article I of the Californi:
Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location people's business.
SEC. 9. This act is an urgency statute necessary for the immediate reservation of the public peace, health
srice von one California on in and salty with immediate tect. of emergencies, it is necessary that this act take effect immediately