La Mesa City Council
September 26, 2023

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting

Date: Tuesday, September 26, 2023, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.

Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.

Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.

Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - COUNCILMEMBER SHU

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

6. CONFLICT DISCLOSURES

7. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

8. CONSENT CALENDAR
(Items 8.1 through 8.4)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.

Recommended Motion:

Approve Consent Calendar Items 8.1 through 8.4.

8.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

8.2 RESOLUTION AUTHORIZING THE ACCEPTANCE AND

APPROPRIATION OF A GRANT FROM THE CALIFORNIA OFFICE OF

TRAFFIC SAFETY TO CONDUCT A LOCAL TRAFFIC SAFETY, DUI

ENFORCEMENT, AND AWARENESS PROGRAM BY APPROVING
THE ADDITION OF GRANT FUNDS TO THE FY 2023-2024 BUDGET
1 Staff Reference: Chief Sweeney
Recommended Motion:

Adopt Resolution.

8.3 RESOLUTION AWARDING A TASK ORDER TO STC TRAFFIC, INC.

FOR TRANSPORTATION PLANNING SERVICES FOR THE LA MESA

BIKE AND SIDEWALK CONNECTION PROJECT
23 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

8.4 RESOLUTION REJECTING BID NO. 24-09, NORMAL AVENUE

BACKFLOW VALVE PROJECT
29 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

9. STAFF REPORTS

9.1 CONSIDERATION AND POSSIBLE APPROVAL OF A PROJECT

LABOR AGREEMENT WITH THE SAN DIEGO BUILDING AND

CONSTRUCTION TRADES COUNCIL AND ASSOCIATED CRAFT
UNIONS
32 Staff Reference: Mr. Throne
Recommended Motion:

Approve the Project Labor Agreement in substantial form subject to the final review and approval of the City Manager and City Attorney.

10. COUNCIL INITIATED

10.1 CONSIDERATION AND POSSIBLE APPROVAL OF FEE WAIVER
AND CONTINUING CITY SUPPORT FOR THE 2024 JUNETEENTH

SPECIAL EVENT - MAYOR ARAPOSTATHIS
86 10.2 CONSIDERATION OF PROPOSAL FOR DIGITAL BILLBOARDS TO

FUND PUBLIC ART AND PUBLIC SAFETY - MAYOR ARAPOSTATHIS

AND COUNCILMEMBER PARENT
89 11. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

12. AB 1234 REPORTS (GC 53232.3 (d))

13. CITY ATTORNEY REMARKS

14. ADJOURNMENT

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 26, 2023
SUBJECT: Acceptance and appropriation of the Office of Traffic Safety Grant for the 2023-2024 Selective Traffic Enforcement
Program
ISSUING DEPARTMENT: Police Department
SUMMARY:

Issues:

Should the City Council accept and appropriate funds from the 2023-2024 California Office of Traffic Safety Grant to pay for overtime and training expenses incurred during the 12-month Selective Traffic Enforcement Program?
Recommendation:

Staff recommends that the Council accepts and appropriates funds from the 2023-2024 California Office of Traffic Safety Grant for a Selective Traffic Enforcement Program in the amount of $115,000 for overtime and training expenses incurred during the twelvemonth program as outlined in the staff report. The funds will be appropriated in fund 213, Public Safety Grants.

Fiscal Impact:

Participation by the La Mesa Police Department will be limited to paid overtime for Police Sergeant(s), Police Officer(s), Community Service Officer(s), Downtown Operations Assistant(s), Communication Supervisor(s), and Police Dispatcher(s) for selected traffic enforcement operations during the twelve-month period of October 1, 2023, thru September 30, 2024. Monies will also be used for specified equipment purchases and training in drug and alcohol-impaired driving enforcement.

Total costs are not to exceed the final grant award of $115,000 and will be reimbursed by billing the Office of Traffic Safety. With City Council approval, the maximum amount that the Office of Traffic Safety would reimburse the City of La Mesa would be $115,000.

The funds will be appropriated and expended from the Public Safety Grant (213) Fund.

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 2 of 3
City’s Strategic Goals:
 Safe community
BACKGROUND:

On September 25, 2018, the La Mesa City Council approved a resolution to adopt a Vision Zero plan to reduce traffic fatalities in the City to zero by 2025.

In January 2023, the La Mesa Police Department applied for this grant through the Office of Traffic Safety. This is a competitive Grant that many cities apply for. It was awarded to the City of La Mesa for enforcement related to driving under the influence, speed, distracted driving, and pedestrian/bicycle safety. The goal is to improve public safety in the above areas by using selective enforcement techniques to address problems.

The Selective Traffic Enforcement Program aims to reduce the number of persons killed or injured in collisions related to the listed enforcement areas. This grant is designed to use local police resources within their primary jurisdictions on an overtime basis to conduct “best practice” strategies, including community education, DUI checkpoints, speed enforcement, distracted driver enforcement, and pedestrian safety enforcement. These operations will occur at various times during a twelve-month period from October 1, 2023, through September 30, 2024.

During the 2021-2022 grant period, there were 45 alcohol or drug-related crashes, resulting in 29 injuries. There were two fatalities, the first involving a high-speed collision and the second involving a pedestrian under the influence. The 2022-2023 grant period does not conclude until September 30, 2023, so final data is not yet available for that period.

During this grant’s twelve-month enforcement program, the La Mesa Police Department will be scheduling approximately two (2) DUI checkpoints, eleven (11) Driving Under the Influence saturation patrols, four (4) “Know Your Limit” DUI education campaigns, eight (8) enforcement operations focused on, but not limited to, primary collision factor “PCF” violations, two (2) enforcement operations focused on bicyclists and pedestrian violations, one (1) enforcement operation focused on motorcycle safety and two (2) enforcement operations focusing on violations of “distracted driving.” All of these operations will be conducted in the City of La Mesa on an overtime basis, where the officers will work above and beyond the normal patrol staffing levels. In addition, we will participate in a county-wide law enforcement collaborative focused on impaired drivers all over the County of San Diego. In doing so, La Mesa police officers will partner with allied agencies to staff DUI checkpoints and driving under the influence saturation patrols in various cities at least once a month.

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 3 of 3
CONCLUSION:

Staff recommends that the City Council approve the acceptance of this grant and appropriation of the related funds.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments: Grant Agreement
Resolution

9/5/2023 12:32:16 PM Page 1 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24098

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
La Mesa From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
La Mesa Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $115,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

William Wilson
Sergeant
[email protected]
(619) 667-7551
8085 University Avenue
La Mesa, CA 91942
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Raymond Sweeney
Chief of Police
[email protected]
619-667-7514
8085 University Avenue
La Mesa, CA 91942
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tammi Royales
Director of Finance
[email protected]
(619) 667-1122
8085 University Avenue
La Mesa, CA 91942
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

9/5/2023 12:32:16 PM Page 2 of 17

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $115,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$115,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $115,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

YZG4GLD1LTA1
8130 Allison Ave
La Mesa
91942-5502
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

9/5/2023 12:32:16 PM Page 3 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24098

1. PROBLEM STATEMENT
The City Of La Mesa is nine square miles with an updated population of 65,000 people. The City has increased its population density around transit centers, and has increased the amount of pedestrian dense areas. The City of La Mesa is expanding programs to increase and encourage more bicycle traffic and pedestrian traffic. The City has also expanded its cannabis licensing to include 12 cannabis retail dispensaries. Over the last 2 years (2021-2022) we have experienced a higher than usual rate of fatal crashes. Of those, 6 fatalities involved impaired driving, with 4 being impaired by alcohol and 2 under the influence of drugs. The City of La Mesa ranks 24th out of 106 in alcohol involved crashes. The La Mesa Police department is operated with 70 sworn Police Officers and the Traffic Unit is currently fully staffed.

In 2021 through 2022, the City of La Mesa experienced 374 traffic crashes, where 492 people were injured 35 crashes involving alcohol, resulting in 43 injuries and 3 fatalities. And in 2021 through 2022, the City of La Mesa experienced 38 crashes involving alcohol, resulting in 31 injuries and 1 fatality. During the 2021- 2022 grant period, we had 45 alcohol or drug related crash resulting in 29 injuries. We had 2 fatalities, the first involving a very high speed and the second involving a pedestrian under the influence.

Speeding has been found to be directly related to the severity of vehicle crashes. As speed increases, the potential for injury also increases. Higher speeds also contribute to the severity of crashes. There is a greater chance of death and/or disabling injuries when speed increases. In the City of La Mesa, there were 74 injury crashes between 2021-2022 where speed was the Primary Crash Factor (PCF). Speed also played a contributing role for 2 fatal crashes where the drivers were also impaired. Speed ranked first (#1) as the City’s most reported PCF during that time period. In from January 2022 until June 2023 we have had 81 crashes related to speed with one fatality, and 57 injured parties.

Although it is difficult to determine when the PCF of a crash is distracted driving, cell phone use and/or texting while driving has certainly caused an alarming public health threat. Over the last 2 grant cycles officers have conducted extra cell phone enforcement and from April of 2021 through April 2023, Officers in La Mesa have contacted and cited over 650 drivers for distracted driving.

According to the most recent available statistics, the City of La Mesa ranks #27 out of 106 agencies with the most vehicle vs. pedestrian crashes. The City of La Mesa ranks #29 out of 105 when the pedestrian involved is 65 years of age or older. In an alarming trend, there have been 55 injury crashes in the City of La Mesa between 2021-2022 involving pedestrians, resulting in 2 fatalities. This is a significant increase in serious pedestrian-related crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

9/5/2023 12:32:16 PM Page 4 of 17

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 8. Conduct DUI Saturation Patrol operation(s). 11

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
8 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Conduct Know Your Limit campaigns with an effort to reach members of the community.
3 15. Participate in highly visible collaborative DUI Enforcement operations. 2

16. Participate in highly visible collaborative Traffic Enforcement operations. 2

17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1

9/5/2023 12:32:16 PM Page 5 of 17

18. Participate in SFST/ARIDE/DRE POST-certified trainings for law enforcement officers.
3 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the

9/5/2023 12:32:16 PM Page 6 of 17
OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

9/5/2023 12:32:16 PM Page 7 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24098

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-24 20.600 State and Community Highway
Safety
$60,000.00
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$55,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $6,300.00 2 $12,600.00
DUI Saturation Patrols 164AL-24 $2,525.00 11 $27,775.00 Collaborative DUI Enforcement 164AL-24 $2,000.00 2 $4,000.00 Know Your Limit 164AL-24 $1,333.00 3 $3,999.00
SFST/ARIDE/DRE Instruction 164AL-24 $2,000.00 1 $2,000.00 Benefits for 164AL - OT @ 6.15% 164AL-24 $50,374.00 1 $3,098.00 Traffic Enforcement 402PT-24 $2,500.00 8 $20,000.00
Distracted Driving 402PT-24 $2,000.00 2 $4,000.00
Motorcycle Safety 402PT-24 $2,000.00 1 $2,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $2,000.00 2 $4,000.00 Collaborative Traffic Enforcement 402PT-24 $2,000.00 2 $4,000.00 Benefits for 402PT - OT @ 6.15% 402PT-24 $34,000.00 1 $2,091.00 Category Sub-Total $89,563.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $3,909.00 1 $3,909.00
$0.00
Category Sub-Total $3,909.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PT-24 $20,000.00 1 $20,000.00
Category Sub-Total $20,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $1,528.00 1 $1,528.00
Category Sub-Total $1,528.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $115,000.00

9/5/2023 12:32:16 PM Page 11 of 89 Page 8 of 17
9/5/2023 12:32:16 PM Page 9 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24098

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel.

Benefits for 164AL - OT @ 6.15% - Benefits Breakdown:

Medicare 1.45%
Workers Comp 4.45%
Unemployment .25%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT - OT @ 6.15% - Benefits Breakdown:

Medicare 1.45%
Workers Comp 4.45%
Unemployment .25%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
Changeable Message Sign Trailer with Radar - Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

9/5/2023 12:32:16 PM Page 10 of 17

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

9/5/2023 12:32:16 PM Page 11 of 17
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24098
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

9/5/2023 12:32:16 PM Page 12 of 17
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

9/5/2023 12:32:16 PM Page 13 of 17
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

9/5/2023 12:32:16 PM Page 14 of 17

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

9/5/2023 12:32:16 PM Page 15 of 17
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

9/5/2023 12:32:16 PM Page 16 of 17
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

9/5/2023 12:32:16 PM Page 17 of 17

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY OF LA MESA AUTHORIZING THE ACCEPTANCE

AND APPROPRIATION OF A GRANT FROM THE CALIFORNIA OFFICE OF

TRAFFIC SAFETY TO CONDUCT A LOCAL TRAFFIC SAFETY, DUI

ENFORCEMENT, AND AWARENESS PROGRAM BY APPROVING THE
ADDITION OF THE GRANT FUNDS TO THE FY 2023-2024 BUDGET
________________________________________________________________ WHEREAS, on September 25, 2018, the La Mesa City Council approved a resolution to adopt a Vision Zero plan to reduce traffic fatalities to zero in the City of La Mesa by the year 2025;
WHEREAS, intoxicated, distracted, and speeding drivers create significant traffic safety problems;
WHEREAS, the California Office of Traffic Safety has awarded to the City of La Mesa grant funds for a Selective Traffic Enforcement Program for Local Law Enforcement Agencies; WHEREAS, the participating law enforcement agency is the La Mesa Police Department; and
WHEREAS, the City Council of the City of La Mesa has agreed that increasing selective traffic enforcement is an important element in improving public safety.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the acceptance and appropriation of a grant from the Office of Traffic Safety, in the amount of $115,000 to conduct a twelve-month Selective Traffic Enforcement Program; provided, however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received. The appropriation will be in fund 213, Public Safety Grants.

BE IT FURTHER RESOLVED that the City Council approves the addition of the grant funds to FY 2023-2024 budget in fund 213, Public Safety Grants.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 26th day of September 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, Megan Wiegelman, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 26, 2023
SUBJECT: RESOLUTION AWARDING A TASK ORDER TO STC
TRAFFIC, INC., FOR TRANSPORTATION PLANNING

SERVICES FOR THE LA MESA BIKE AND SIDEWALK

CONNECTION PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City of La Mesa award a task order to STC Traffic, Inc., in the amount of $252,233 for transportation planning services for the La Mesa Bike and Sidewalk Connection Project?
Recommendation:

Adopt the attached resolution awarding a task order contract to STC Traffic, Inc., in the amount of $252,233 for transportation planning services for the La Mesa Bike and Sidewalk Connection Project.

Fiscal Impact:

The planning project cost allocation of $180,000 is available in the Capital Improvement Project (CIP) La Mesa Bike and Sidewalk Connections Project Sustainable Communities Grant Account 302-2229OT. Matching funds in the amount of $72,233 are available in TransNet CIP Account 302-2239TR and HUTA CIP Account 302-224CFT.

City’s Strategic Goals:
 Revitalize neighborhoods and corridors
 Continue to improve high quality municipal services

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 2 of 3
Climate Action Plan Reduction Strategy:

This project meets the following CAP criteria:
 T-1 Bicycle and Pedestrian Infrastructure – Encourage active transportation options through planning and development of safe active transportation infrastructure and facilities in the City.

BACKGROUND:

The California Transportation Commission’s Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as walking and biking. ATP funding is available biennially by grant application. In September 2020, the City submitted an ATP grant application for the La Mesa Bike and Sidewalk Connections Project (Project), and in April 2021, the City was notified that the Project was awarded $3,962,000 in grant funds. The ATP grant requires a matching of local funds in the amount of $528,233; $72,233 for the planning phase and $456,000 for the construction phase.

DISCUSSION:

The goal of the Project is to improve pedestrian and bicycle circulation networks along collector and arterial streets within the City to improve safety, access to transit, schools, parks, healthcare, and other essential services.

The Project will be completed in two phases. The initial phase is to provide a planning document that will assess opportunities and constraints, determine needs/demands, inform the community, collect feedback, and evaluate options/alternatives, including those that may have complicating factors such as school traffic, elimination of parking, challenges to construction (such as encroaching private improvements) or right of way acquisition. There are eight planning segments included in the scope of work:

1. La Mesa Rail Trail Multi-Use Path

2. Pasadena Avenue Sidewalks/Collier Multi-Use Path/Mariposa Trail (Spring Street to Upland Street)

3. Palm Avenue Bike Lanes (University Avenue to Spring Street)

4. Gateside Road Bike Lanes and Sidewalk (Park Lane to Payson Road)

5. La Mesa Boulevard Bike Lanes (Jackson Drive to I-8)

6. Jackson Drive Bike Lanes and Sidewalks (La Mesa Blvd. to Lemon Avenue)

7. Lemon Avenue Sidewalks and Bike Lanes (Glen Street to SR 125)

8. Garfield Street Sidewalks

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 3 of 3
The scope of the consultant services includes topographic right of way surveying, development/evaluation of alternatives, cost estimating, community and stakeholder engagement, development of draft and final concept plans, and presentations to the City Council and various commissions.

In April 2018, the City advertised a Request for Qualifications (RFQ 18-15) seeking asneeded Engineering Consultant Services. Following review of the RFQ 18-15 submissions, staff established a list of qualified preselected consultants. In August 2023, the City sent a Request for Proposal (RFP) to six of the preselected consultants for transportation planning services required for the Project. One proposal was received from STC Traffic, Inc (STC Traffic). STC Traffic is a local consulting firm that specializes in transportation planning and traffic engineering. Previous work experience includes the preparation of the La Mesa Local Roadway Safety Plan and the Massachusetts Avenue and Blackton Drive Pedestrian and Bike Improvements Project.

Based on evaluation of STC Traffic’s proposal, staff recommends that a task order be issued to STC Traffic, Inc., in the amount of $252,233.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution, awarding a task order to STC Traffic, Inc., transportation planning services for the La Mesa Bike and Sidewalk Connection Project in the amount of $252,233.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
____________________________
Carly Cubberley, PE
Engineering Project Manager
Attachments: A. Resolution
B. Project Location Map

RESOLUTION NO. 2023-

RESOLUTION OF THE COUNCIL OF THE CITY OF LA MESA AWARDING A TASK ORDER TO STC TRAFFIC, INC. FOR TRANSPORTATION PLANNING

SERVICES FOR THE LA MESA BIKE AND SIDEWALK CONNECTION

PROJECT
________________________________________________________________ WHEREAS, $440 million in federal and statewide funding was made available to jurisdictions through the Active Transportation Program (ATP) for Fiscal Years 2021/22, 2022/23, 2023/24 and 2024/25;
WHEREAS, applications were submitted to the Statewide and Regional Competitions on September 15th and September 30th of 2020, respectively; WHEREAS, on April 8, 2021, the City of La Mesa project was recommended to receive $3,962,000 in grand funding from the Regional Competition administered by the San Diego Association of Governments (SANDAG), $180,000 for the PA&ED phase; WHEREAS, the grant funding is for a portion of the amount requested in the application and therefore the City of La Mesa will be required to provide the remaining funds in the amount of $528,233 in order to be awarded the grant, $72,233 for the PA&ED phase; WHEREAS, the City of La Mesa certifies that it has adopted a Vision Zero Policy in September 2018, and the proposed project is in line with four of the activities of the policy; WHEREAS, the City of La Mesa certifies that it has adopted a Complete Streets Policy or the equivalent in the 2012 General Plan Update in a public hearing on July 09, 2013, that is consistent with the California Complete Streets Act;
WHEREAS, the City of La Mesa adopted a Climate Action Plan in March 2018, which establishes a goal to reduce community-wide greenhouse gas emissions by 53% and reduce vehicle miles traveled by 6% by 2035 through infrastructure improvements and other programs; WHEREAS, In April 2018, the City advertised a request for qualifications RFQ 18-15 for as-needed engineering services;
WHEREAS, STC Traffic, Inc. was selected as a qualified firm to provide as-needed construction management and inspection services;
WHEREAS, on August 2, 2023, the City requested proposals from their pre-qualified firms for transportation planning services for the La Mesa Bike and Sidewalk Connection Project; WHEREAS, on September 5, 2023, one proposal was received and subsequently evaluated;
WHEREAS, STC Traffic, Inc., was found to be the most highly qualified firm and was recommended for contract award based on their proposal; and WHEREAS, a final scope of work and fee were negotiated with STC Traffic, Inc. to provide transportation planning services for the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to execute a contract with STC Traffic, Inc. to provide transportation planning services for the La Mesa Boulevard Complete Streets Plan for the amount of $252,233; $180,000 from grant funding and $72,233 from City of La Mesa.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 26th day of September 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the 26th of September 2023, and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

1 852
854
14 855
851
854
14 854
851
14 September 2020 D:\NevinProjects\GrantAppMap\GrantAppMaps\ATP Location Map.mxd RIVIERA DR. BIKE LANES
SEE SHEETS 42-44
PARKS AVE. SIDEWALKS
SEE SHEETS 45-46
70th ST./LAKE MURRAY BLVD.

BIKE LANES, SEE SHEET 41

BALTIMORE DRIVE
BIKE LANE, SEE SHEETS 36-38

CENTER DRIVE BIKE LANES
SEE SHEETS 33-35

JACKSON DRIVE BIKE LANES
SEE SHEETS 2-5
JACKSON DR. BIKE LANES &
SIDEWALKS, SEE SHEETS 5-6

WATER STREET BIKE LANES
SEE SHEET 17-19
LEMON AVE. BIKE LANES

AND SIDEWALKS
SEE SHEET 8
GROSSMONT BLVD. BIKE LANES
SEE SHEETS 2, 6-7
BANCROFT DR. BIKE LANES
SEE SHEETS 9-10
FRESNO ST./UPLAND ST.

BIKE ROUTE, SEE SHEET 25

MARIPOSA STREET BIKE ROUTE
SEE SHEETS 26-28
PANORAMA ST./TERRACE DR.

BIKE ROUTE, SEE SHEETS 29-32 GATESIDE RD. BIKE LANES
AND SIDEWALK, SEE SHEETS 49-50
ALVARADO RD. BIKE LANES
SEE SHEETS 39-40

MURRAY DRIVE BIKE LANES
SEE SHEETS 12-16
GARFIELD ST. SIDEWALKS
SEE SHEETS 11-13
ATP Location
Map
Sheet: __ of __ 1 46
SEVERIN DR. BIKE LANES
SEE SHEET 11

GROSSMONT CENTER DRIVE BIKE LANES
& SIDEWALKS, SEE SHEETS 20-24
PALM AVE.

BIKE LANES

LA MESA

RAIL TRAIL

PASADENA SIDEWALK

MARIPOSA TRAIL
LA MESA BLVD. BIKE LANES
Legend
La Mesa Boundary
Right of Way
Public Parks
Schools
Bus Route
Trolley Line
Bike Project
Sidewalk Project
Infrastructure Project
Non-Infrastructure Project
Attachment B Extents of work scoped in this
RFP are identified on this map
as Non-Infrastructure Projects

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 26, 2023
SUBJECT: REJECTION OF BID NO. 24-09, NORMAL AVENUE

BACKFLOW VALVE PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City of La Mesa reject Bid No. 24-09 Normal Avenue Backflow Valve Project?
Recommendation:

Adopt the attached resolution rejecting Bid 24-09 Normal Avenue Backflow Valve Project.

Fiscal Impact:

There is no fiscal impact with this action.

City’s Strategic Goals:
 Maintain a financially sound and affordable city government  Continue to improve high quality municipal services
BACKGROUND:

A sanitary sewer main backup occurred in June 2023, which affected a residential property on Normal Avenue. The sanitary sewer main that services residential properties on Normal Avenue is slated to be replaced within the next 7 years. In the meantime, to prevent backflows the City will install sewer backflow preventers on the private lateral of residential properties that meet the qualifications.

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 2 of 2
DISCUSSION:

A notice inviting bids was advertised on August 17, 2023 and the bid documents were downloaded by 16 vendors. One bid was received electronically on the bid opening date of September 5, 2023. The low bidder was Kay Construction Company, Inc. with a base bid of $270,532 and an alternate item bid of $420,004. The engineering estimate for the base bid was $24,000 and for the alternate items bid was $50,000.

Kay Construction Company, Inc. gave the following reasons their bid was higher than the estimate: 1) increase in cost of materials, 2) increase in cost of insurance for managing subcontractors, 3) not knowing the exact property addresses the backflow valves were to be installed meant an increase in unknowns and contingency costs, and 4) misunderstanding on their part of the stormwater management and traffic control requirements identified in the specifications.

Public Contract Code Section 20166 states that the City Council has the authority to reject all bids and the notice inviting bids of the specifications reiterates the same authority.

After a review of relevant laws, staff determined that hiring a Class A contractor through public advertisement is not required and installation of sewer backflow preventers on private laterals can be performed by a local qualified plumber. The California Uniform Public Construction Cost Accounting Act (CUPCCAA) allows for public project work in the amount of $60,000 or less to be performed by a public agency’s force account using the public agency’s own resources, or by negotiated contract, or by purchase order (Section 22032(a)). Consequently, this approach will be promptly pursued to ensure the backflows are installed prior to the commencement of the winter rains.

CONCLUSION:

Staff recommends rejecting Bid 24-09, Normal Avenue Backflow Valve Project.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution (reject bids)

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA REJECTING BID NO. 24-09, NORMAL AVENUE BACKFLOW VALVE PROJECT
WHEREAS, the City advertised a notice inviting bids on August 17, 2023; WHEREAS, the City received one bid on the bid opening day of September 5, 2023; WHEREAS, the lowest bid was for $270,532 for the Base Bid and $420,004 for Alternate Items;
WHEREAS, the City estimated $24,000 for the Base Bid and $50,000 for Alternate Items; WHEREAS, the City Council is authorized under the Public Contract Code Section 20166, at its discretion, to reject all bids; and
WHEREAS, staff recommends rejecting the bid in the best interest of the City.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:

The bid for Bid 24-09, Normal Avenue Backflow Valve Project is rejected by the City Council. Said bid is on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that City Staff is directed to secure a purchase order for the Main Bid per CUPCCAA requirements.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 26
th day of September 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023-_ , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 26, 2023
SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF A

PROJECT LABOR AGREEMENT WITH THE SAN

DIEGO BUILDING AND CONSTRUCTION TRADES

COUNCIL AND ASSOCIATED CRAFT UNIONS
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the Council approve a project labor agreement with the San Diego Building and Construction Trades Council and associated craft unions for public projects having a construction value of at least $1,000,000 (PLA)? Recommendation:

Approve the PLA in substantial form (as attached) subject to the final review and approval of the City Manager and City Attorney.

Fiscal Impact:

Unknown at this time pending the application of the PLA to a project.

City’s Strategic Goals:
 Continue to improve high quality municipal services
Environmental Review:

Approval of the PLA is categorically exempt from environmental review pursuant to Public Resources Code Section 15324 (Class 24 Regulations of Working Conditions).

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 2 of 3
BACKGROUND:

Historically, project labor agreements have served in assisting the awarding agencies in providing on time, conflict involvement-free project completions. Accordingly, they may help reduce overall construction costs by helping to ensure that the work on a covered project will be completed efficiently, cooperatively, economically and without interruption.

Project labor agreements may also serve in the best interest of public safety, community involvement and participation through targeted hiring and apprenticeship training, including those individuals with barriers to employment in their background. As such, contractors and subcontractors would be required to comply with all applicable federal, state, and local laws and regulations requiring the payment of prevailing wages.

DISCUSSION:

Staff and representatives from the San Diego Building and Construction Trades Council negotiated the PLA (as attached in draft form) for consideration and possible approval by the Council. The PLA will be applicable to those public projects that have a construction value of at least $1,000,000 including the upcoming 69th and Boulevard storm drain project and the FY 2024 street rehabilitation project. Key conditions of the PLA include:
 A 3-year term with an automatic 3-year extension at the parties’ option, for a total term of 6 years.
 Should implementation of a project result in substantial inefficiency or impracticability, upon a 4/5’s vote, the Council may exclude that project from the PLA (e.g., the Council may exclude a project if the PLA would jeopardize the City’s eligibility to receive state or federal grant funding).  At the Council’s discretion, the PLA may be amended to include provisions from future project labor agreements negotiated by other cities (with a population of 100,000 or less) that are more favorable or beneficial.

CONCLUSION:

Staff recommends that the Council approve the PLA in substantial form subject to the final review and approval of the City Manager and City Attorney.

Report to Mayor and Councilmembers
Date: September 26, 2023
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Draft project labor agreement

DRAFT

CITY OF LA MESA

PROJECT LABOR AGREEMENT
Effective Date: _______, 202_

DRAFT

TABLE OF CONTENTS
Page
- i -
ARTICLE 1 RECITALS ......................................................................................................... - 1 - ARTICLE 2 DEFINITIONS .................................................................................................... - 2 - ARTICLE 3 SCOPE OF THE AGREEMENT........................................................................ - 4 - ARTICLE 4 UNION RECOGNITION AND EMPLOYMENT ........................................... - 10 - ARTICLE 5 UNION ACCESS AND STEWARDS ............................................................. - 13 - ARTICLE 6 WAGES AND BENEFITS ............................................................................... - 15 - ARTICLE 7 WORK STOPPAGES AND LOCKOUTS ....................................................... - 16 - ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES................... - 21 - ARTICLE 9 MANAGEMENT RIGHTS .............................................................................. - 22 - ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES ................................... - 25 - ARTICLE 11 COMPLIANCE................................................................................................. - 27 - ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY .................. - 27 - ARTICLE 13 TRAVEL, SUBSISTENCE AND PARKING .................................................. - 28 - ARTICLE 14 APPRENTICES ................................................................................................ - 28 - ARTICLE 15 LEGAL ACTION ............................................................................................. - 29 - ARTICLE 16 PRE-JOB CONFERENCE................................................................................ - 30 - ARTICLE 17 LABOR/MANAGEMENT AND COOPERATION ........................................ - 31 - ARTICLE 18 SAVINGS AND SEPARABILITY .................................................................. - 31 - ARTICLE 19 WAIVER........................................................................................................... - 32 -

DRAFT

TABLE OF CONTENTS
(Continued)
Page
- ii -
ARTICLE 20 AMENDMENTS .............................................................................................. - 32 - ARTICLE 21 DURATION OF THE PLA .............................................................................. - 33 - ARTICLE 22 WORK OPPORTUNITIES PROGRAM .......................................................... - 34 - ARTICLE 23 HELMETS TO HARDHATS ........................................................................... - 36 - ATTACHMENT A – LETTER OF ASSENT .......................................................................... - 40 - ATTACHMENT B-1 – WORKFORCE DISPATCH REQUEST FORM ............................... - 41 - ATTACHMENT B-2 – CONTRACTOR CORE WORKFORCE FORM ............................... - 42 - ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY ..................................... - 43 -

DRAFT
- 1 -

CITY OF LA MESA

PROJECT LABOR AGREEMENT
This Project Labor Agreement (hereinafter the “PLA” or “Agreement”) is entered into this 26th day of September 2023 by and between the San Diego Building and Construction Trades Council (hereinafter the “Council”), and the signatory Craft Unions (hereinafter, together with the Council, collectively, the “Union” or “Unions”), and the City of La Mesa (“Public Agency”).

ARTICLE 1

RECITALS
WHEREAS, the Public Agency desires the completion of Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and
WHEREAS, the timely, efficient, economical and successful completion of the Covered Projects is of the utmost importance to the Public Agency; and WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on Covered Projects, including workers affiliated with and/or represented by the Unions; and
WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of Covered Projects; and WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this PLA, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances without any strikes, slowdowns,

DRAFT
- 2 -
work interruptions, or disruption of Covered Projects, and the Contractors agree not to engage in any lockout; and
WHEREAS, the Public Agency places high priority upon the development of comprehensive programs for the recruitment, training, and employment of local residents, and also recognize the ability of local Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction industry. The Parties will encourage local residents to participate in Covered Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this PLA; and
WHEREAS, it is further understood that the Public Agency shall actively administer and apply the obligations of this PLA.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE
PARTIES AS FOLLOWS:

ARTICLE 2

DEFINITIONS
Capitalized terms utilized in this PLA which are not otherwise defined herein shall have the meanings ascribed to said terms below.
“Agreement” means this Project Labor Agreement (PLA).
“Applicable Prevailing Wage Determination” means the prevailing wage determinations applicable to a Covered Project issued by the Department of Industrial Relations pursuant to the California Labor Code.
“Apprentice” means an apprentice properly registered in an Apprenticeship Program for the time they are employed on a Covered Project. “Apprenticeship Program” as used in this PLA shall be defined as an apprenticeship program approved by the California Division of Apprenticeship Standards (DAS). “Contractor” means the Prime Contractor and any subcontractor of any tier awarded Covered Work. The term “Contractor” includes any individual, firm, partnership, corporation, owner operator, consultant or combination thereof, including joint ventures, performing Covered Work.

DRAFT
- 3 -
“Core Employees” are defined in Article 4, Section 4.6 (e). “Council” means the San Diego County Building & Construction Trades Council. “Covered Contract” means a prime contract or subcontract awarded for performance of Covered Work, or an individual job order constituting a Covered Project as defined below.
“Covered Project” means a construction project with a prime contract awarded by the Public Agency with an estimated construction contract award value of $1,000,000 or greater. “Covered Project also includes Job Order Contracts for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) that are related to a Covered Project.
“Covered Work” means construction work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this PLA. “Joint Labor-Management Apprenticeship Program” means a Joint LaborManagement Apprenticeship Program approved by the State of California DAS as provided for in the Schedule A’s.
“Party” means Public Agency, Council, and each Union.
“Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the Public Agency.
“Project Labor Coordinator” means the designee of the Public Agency, either from its own staff and/or an independent entity acting on behalf of the Public Agency, to monitor compliance with this PLA and assist with developing, implementing and administering the requirements, policies and programs referenced herein.
“Schedule A’s” means the local master labor agreements of the Unions. “Union” or “Unions” means any labor organization signatory to this Agreement acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have, through their officers, executed this Agreement.
“Veteran” means a veteran or the eligible spouse of a veteran of the United States Armed Forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215[a]).

DRAFT
- 4 -
“Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Attachment B-1.

ARTICLE 3

SCOPE OF THE AGREEMENT
Section 3.1 Scope.
(a) This Agreement covers, without limitation, all on-site site preparation, surveying, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, and pump stations. On-site work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas provided that they are adjacent to the Covered Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Covered Project.
(b) This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by Public Agency employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, rework and modifications, and functional and operational testing up to and including the final running test. It is understood that the Public Agency’s personnel and/or its representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from the Project Labor Agreement to the extent the work is excluded by Section 3.2(b) and/or Section 3.2(d).

DRAFT
- 5 -
(c) This Agreement covers all on-site fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers off-site fabrication to the extent that it is covered by existing Master Agreements in effect at the time of the execution of this PLA. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as on-site fabrication shall be performed on-site. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and not subject to this PLA.
(d) On-site construction shall also include the site of any batch plant constructed solely to supply materials to the Project. Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the offhauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations.

Section 3.2 Exclusions. Items specifically excluded from the scope of this PLA include the following:
(a) Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, quality control and quality assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees; and
(b) All employees of the Public Agency, Project Labor Coordinator, design teams (including, but not limited to, architects, engineers, and master planners), or any other consultants for the Public Agency (including, but not limited to, project managers and construction managers and their employees where not engaged in Covered Work) and their subconsultants, and other employees of professional service organizations, not performing manual labor within the scope of this PLA.

Notwithstanding the foregoing, however, this exclusion shall not apply to the classifications for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are Public Agency employees.

DRAFT
- 6 -
This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement; and
(c) Any work performed by state, county, city, or other governmental bodies, or their contractors (other than work within the scope of this PLA undertaken by contractors to the Public Agency); or by private utilities, or their contractors; and (d) Work performed by employees of a manufacturer or vendor necessary to install, commission and/or maintain such manufacturer’s or vendor’s warranty or guarantee and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection (e) shall be identified and discussed at the relevant pre-job conference.

Upon request from the Council, the Public Agency shall review with the vendor whether installation or application may be performed pursuant to terms of the PLA without affecting the status of the warranty; and
(e) Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess. At least ten (10) working days’ notice shall be given to the Council before any work is performed pursuant to this exemption; and (f) Laboratory testing work; and
(g) Non-construction support services contracted by the Public Agency, Project Labor Coordinator, or Contractor in connection with a Covered Project; and
(h) BLANK
(i) Non-construction support services contracted by the Public Agency in connection with Covered Projects;
(j) Emergency work; and
(k) Substantial impracticality or inefficiency

DRAFT
- 7 -
Public Agency may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality.

Section 3.3 Awarding of Contracts.

Notwithstanding any obligation, term, duty or condition contained herein to the contrary, this agreement shall be subject to all applicable laws including the California Public Contracts Code.

Public Agency shall maintain absolute and sole discretion regarding the application and the related enforecement of said laws.
(a) The Public Agency has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Attachment A hereto, and comply with this PLA in performance of Covered Work.
(b) Each Union shall provide the Project Labor Coordinator a list of signatory Contractors whose principal place of business is within the geographic jurisdiction of County of San Diego and that routinely perform work within the scope of Covered Work in such area. The Union may specify the type of work that such Contractor performs and may amend the list as necessary. Public Agency and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two (2) Contractors on the applicable Union’s list for the Covered Work, provided such Contractors meet any applicable Public Agency pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions and scope of work requested of all potential bidders.
(c) It is agreed that all Contractors who have been awarded a contract for Covered Work shall be required to accept and be bound by the terms and conditions of this PLA. Contractors shall evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Attachment A hereto.

No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. (d) The Public Agency and all Contractors awarded Covered Work agree that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, they will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances,

DRAFT
- 8 -
however, the Public Agency shall retain the absolute right to select Contractors for the award of contracts and subcontracts on all Covered Projects. (e) Project funding-source restrictions. Notwithstanding anything contained in this PLA to the contrary, Public Agency shall comply with any and all restrictions related to any funding source for project work, including but not limited to federal, state or local (e.g. County of San Diego, Caltrans or San Diego Association of Governments) regulations.

Section 3.4 Schedule A’s.
(a) The provisions of this PLA, including the Schedule A's (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over Covered Work, as such may be changed from time to time consistent with Section

21.3, and which are incorporated herein by reference), shall apply to the work covered by this PLA, notwithstanding the provisions of any other local, area and/or national agreement that may conflict with or differ from the terms of this PLA. Where a subject covered by the provisions of this PLA is also covered by a Schedule A, the provisions of this PLA shall prevail. Where a subject is covered by a provision of a Schedule A and not covered by this PLA, the provisions of the Schedule A shall govern. Any dispute as to the applicable source between this PLA and any Schedule A shall be resolved under the procedures established in Article 10.
(b) It is understood that this PLA, together with the referenced Schedule A's, constitutes a self-contained, stand-alone agreement and, by virtue of having become bound to this PLA, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this PLA (provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this PLA, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this PLA and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on Covered Projects.

Section 3.5 The Parties agree that this PLA will be made available to, and will fully apply to, any successful bidder for Covered Work, without regard to whether that

DRAFT
- 9 -
successful bidder performs work at other sites on either a Union or non-Union basis. This PLA shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this PLA.

Section 3.6 Binding Signatories Only. This PLA and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors.

Section 3.7 Other Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this PLA, which may be performed by the Public Agency employees or contracted for by the Public Agency for its own account, on its property, or in and around Covered Project sites.

Section 3.8 Separate Liability. It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this PLA shall be several and not joint. The Unions agree that this PLA does not have the effect of creating any joint employment status between or among the Public Agency or Project Labor Coordinator and/or any Contractor.

Section 3.9 Completed Covered Projects. As portions of Covered Projects are completed, this PLA shall have no further force or effect on such items or areas except where the Contractor is directed by the Public Agency or its representatives to engage in repairs, modification and/or check-out functions required by its contract(s) with the Public Agency.

Section 3.10 Except for all work performed under the NTL Articles of Agreement, the National Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibrations work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 7 (Work Stoppages and Lockouts), Article 8 (Work Assignments and Jurisdictional Disputes) and Article 10 (Settlement of Grievances and Disputes) of this PLA, which shall apply to such work.

DRAFT
- 10 -
ARTICLE 4

UNION RECOGNITION AND EMPLOYMENT
Section 4.1 Recognition. The Contractors recognize the Unions as the exclusive bargaining representative for the employees engaged in Covered Work. Such recognition does not extend beyond the period when the employee is engaged in Covered Work.

Section 4.2 Contractor Selection of Employees. The Contractors shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article.

The Contractors shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting time requirements of the applicable Schedule A; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractors’ commitment to employ qualified workers through the procedures endorsed in this PLA.

Section 4.3 Referral Procedures.
(a) For signatory Unions to this Agreement having a job referral system contained in a Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this PLA.

Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and non-discrimination.
(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce. The Unions will work with the Project Labor Coordinator and others designated by the Public Agency to identify and refer competent craft persons as needed for Covered Work, and to identify individuals, particularly local residents, for entrance into Apprenticeship Programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such Apprenticeship Programs, all maintained to increase the available supply of skilled craft personnel for Covered Projects.

DRAFT
- 11 -
(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a Covered Project to any other Contractor.

Section 4.4 Non-Discrimination in Referral, Employment, and Contracting. The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment on the basis of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military and veteran status, criminal records, past incarceration, previous status as a foster youth, political affiliation or membership in a labor organization in hiring and dispatching workers for the Covered Projects.. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment.

Section 4.5 Core Employees. This Section only applies to Contractors who are not directly signatory to an applicable Schedule A.
(a) Contractors who are not otherwise signatory to a current Schedule A may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article.
(b) Section 4.6 only applies to Contractors who are not directly signatory to a current Schedule A for the craft worker in its employ and is not intended to limit the transfer provisions of the Schedule A of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Construction Contract at the Project site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Project schedule. (c) Prior to each Contractor performing any work a Covered Project, each Contractor shall provide a list of Core Employees to the Project Labor Coordinator and the Council. After submitting the Core Employee list prior to

DRAFT
- 12 -
commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns or is terminated. (d) Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Council.
(e) Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects:
(1) A Core Employee must be either a journeyperson or Apprentice and appear on the Contractor’s active payroll for at least ninety (90) of the last one-hundred-eighty (180) working days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is submitted to the Project Labor Coordinator and Council prior to the Contractor commencing work; and
(2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed; and
(3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and
(4) A Core Employee must be a resident of San Diego County. (f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Schedule A’s to call for specific employees by name. (g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this Section for the duration of the Project.

Section 4.6 Time for Referral. If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees (including Local Residents) requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays, and holidays), that Contractor may employ Core Employees without reference to the ratio requirements in Section 4.6 or use

DRAFT
- 13 -
employment sources other than the Union registration and referral services, and may employ applicants from any other available source. The Contractor shall promptly inform the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any.

Section 4.7 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 4.7.

Section 4.8 Union Membership. Employees are not required to become or remain union members, or pay dues or fees to a union, as a condition of performing Covered Work under this Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Schedule A. Nothing in this Section 4.9, however, is intended to supersede independent requirements in applicable local union agreements such as those in Schedule A as to those Employers that are otherwise signatory to those agreements and as to the employees of those Employers who are performing Covered Work.

Section 4.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Schedule A’s. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foremen at the request of the Contractors.

ARTICLE 5

UNION ACCESS AND STEWARDS
Section 5.1 Access to Project Sites. Authorized representatives of the Union shall have access to Covered Projects, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.

Section 5.2 Stewards.
(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or

DRAFT
- 14 -
stewards shall not exercise any supervisory functions. There will be no nonworking stewards. Stewards will receive the regular rate of pay for their respective crafts.
(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor.

Each steward should be concerned only with the employees of the steward's Contractor and not with the employees of any other Contractor. The Contractor will not discriminate against the steward in the proper performance of his/her Union duties.
(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 5.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Schedule A, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given; provided, however, that during the 24-hour period before the discipline or discharge becomes final, the steward will be considered suspended pending investigation without pay.

Section 5.4 Employees on Non-Covered Projects. On work where the personnel of the Public Agency may be working in close proximity to the construction activities covered by this PLA, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with Public Agency personnel, or with personnel employed by any other employer not a Party to this PLA.

DRAFT
- 15 -
ARTICLE 6

WAGES AND BENEFITS
Section 6.1 Wages. At a minimum, all employees covered by this PLA shall be classified in accordance with work performed and paid the hourly wage rates and benefits for those classifications in compliance with the applicable Prevailing Wage Determination established pursuant to the California Labor Code by the California Department of Industrial Relations.

Section 6.2 Benefits.
(a) Payment of Benefits. For all employees performing Covered Work, Contractors shall pay all fringe benefits and other required employer contributions to the established Union employee benefit funds in the amounts required by the applicable Schedule A. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor on Covered Projects. (c) Where applicable, the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying the detailed basis how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the sponsoring Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Work. The Union benefit funds and trust agreement(s) applicable to each Contractor are determined by the pre-job conference and Union work assignment process described in Articles 8 and 16.
(d) Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Union trust(s) and benefit funds prior to the receipt of its final payment and/or retention.

Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the Public Agency or the prime Contractor to withhold payments

DRAFT
- 16 -
otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 6.3 Wage Premiums, with the exception of shift premiums, shall not be applicable to work performed under this PLA, except to the extent provided for in any applicable prevailing wage determination. The types of wage premiums that will not apply to the Project include, but are not limited to, pay based on height of work, hazard pay, scaffold pay, and special skills, except to the extent provided for in any prevailing wage determination. Similarly, there will be no wage premiums based on staggered start times or start times that are earlier or later than set forth in the applicable Schedule A, with the exception of shift premiums.

Section 6.4 Compliance with Prevailing Wage Laws. All complaints regarding possible prevailing wage violations may be referred to the Project Labor Coordinator or Labor Compliance Program, if any, for processing, investigation and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with applicable prevailing wage laws, each Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the Unions (or to any Labor Management Cooperation Committee in which a Union or its affiliate participates) within ten (10) days of their request. The Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint.

ARTICLE 7

WORK STOPPAGES AND LOCKOUTS
Section 7.1 No Work Stoppages or Disruptive Activity. The Council and the Unions signatory hereto agree that neither they, nor their respective officers, agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Covered Work, or which interferes with or otherwise disrupts Covered Work, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes, and jurisdictional dispute strikes, whether or not the underlying dispute is arbitrable. Any such actions by the Council, or any Union, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this PLA. The

DRAFT
- 17 -
Council and the Union shall take all steps necessary to obtain compliance with this Article.

Section 7.2 Employee Violations. The Contractor may discharge any employee violating Section 7.1 above, and any such employee will not be eligible for rehire under this PLA.

Section 7.3 Standing to Enforce. Any Contractor affected by an alleged violation of Section

7.1 shall have standing and the right to enforce the obligations established therein.

Section 7.4 Expiration of Schedule A’s. If a collective bargaining agreement between a signatory Contractor and one or more of the Union(s) expires before the Contractor completes the performance of a Contract for Covered Work, and the Union or the Contractor gives notice of demand for a new or modified collective bargaining agreement, the Unions agree that they will not strike the Contractor on the Project, and the Union and the Contractor agree that the expired collective bargaining agreement will continue in full force and effect for the Covered Work until a new or modified collective bargaining agreement is reached between the Union and the Contractor. If the new or modified collective bargaining agreement reached between the Union and the Contractor provides that any terms of the collective bargaining agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this PLA and the Prevailing Wage Statute, with any retroactive terms of the new or modified collective bargaining agreement which are applicable to employees of said Contractor that are employed on the Project within seven (7) days at no cost to the Public Agency. All employees shall continue to work and to perform all their obligations with respect to Covered Work despite the expiration of a Schedule A agreement. Should a Contractor engaged in Covered Work enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for Schedule A, such interim agreement shall be utilized by that Contractor for Covered Work, subject to the provisions of Section 21.3.

Section 7.5 No Lock Outs. Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Covered Work during the term of this PLA. The term “lock-out'' refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or lay off of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this PLA, or any other agreement, nor does “lock-out” include the Public Agency’s decision to stop,

DRAFT
- 18 -
suspend, or discontinue any Covered Project or any portion thereof for any reason.

Section 7.6 Best Efforts to End Violations.
(a) If a Contractor contends that there is any violation of this Article, it shall, prior to invoking the procedures of Section 7.7, provide written notification to the Council of the involved Union(s) and to the Project Labor Coordinator, setting forth the facts which the Contractor contends violates this Article. The Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of the Article. (b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article, prior to invoking the procedures of Section 7.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of the Article.

Section 7.7 Expedited Enforcement Procedure. Any Party, and affected Contractors, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of this Article is alleged. (a) The Party invoking this procedure shall notify Robert M. Hirsch, who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, and if Mr. Hirsch is unavailable, shall notify John Kagel, who has been selected as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be made from the list of arbitrators as set forth in Article 10. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Project Labor Coordinator and the Council. For purposes of this Article, written notice may be given by email, facsimile, hand delivery, or overnight mail and will be deemed effective upon receipt. (b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within seventy-two (72) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Council of the involved Union(s) and/or Contractor as required by Section 7.6, above.
(c) The arbitrator shall notify the Parties of the place and time chosen for this hearing, which may be a Zoom proceeding or the equivalent. Said hearing shall be

DRAFT
- 19 -
completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred, and if so, whether the arbitrator shall order the applicable union(s) to return to work. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages, (except for damages as set forth in Section 7.8 below) which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all Parties by hand, facsimile, email or registered mail upon issuance. The amount of liquidated damages pursuant to Section 7.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) days of the first hearing to determine if a violation of this Article has occurred.
(e) Such arbitration award(s) shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this PLA and all other relevant documents referred to herein above in the following manner.

Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section 7.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be sent to all disputing parties.
(f) The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.

Section 7.8 Liquidated Damages.
(a) If the arbitrator determines in accordance with Section 7.7 above that a work stoppage has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the Award, direct all the employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour

DRAFT
- 20 -
period after receipt of the arbitrator's Award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non-complying Union(s) found in violation of Section

7.7 shall each pay liquidated damages in accordance with subsection (c) below. (b) If the arbitrator determines in accordance with Section 7.7 above that a lock out has occurred, the respondent Contractor(s) found in violation of Section

7.7 shall pay liquidated damages in accordance with subsection (c) below. (c) The Parties agree that project delays caused by violations of this Article will cause the Public Agency to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of either of these provisions, the Party in breach shall pay to the impacted parties the sum of $10,000 per shift from the time the arbitrator determines that a delay has occurred until the arbitrator determines that the project is no longer disrupted. If the breaching party is a Union, the liquidated damages will be paid to the Prime Contractor and other affected Contractors as determined by the Arbitrator. If the breaching party is a Contractor, the liquidated damages will be apportioned among the affected employees and the benefit funds as determined by the Arbitrator. The payment of liquidated damages, when made, shall constitute a damages remedy for the delay specified, but shall not prevent the impacted party or parties from seeking an injunction or equitable relief, including termination of this PLA. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but instead, is intended to constitute liquidated damages to the affected party or parties pursuant to section 1671 of the California Civil Code.

Section 7.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this PLA, it shall not be a violation of this PLA for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Schedule A, or fails to make timely payments to the applicable Union benefit funds. This Section 7.9 does not inhibit or affect responsibilities of the Council and the Union under Section 7.1 to refrain from picketing or other disruption of Covered Projects.

Prior to withholding its members' services for the Contractor's failure to meet its weekly payroll, the Union shall give at least five (5) calendar days written notice of such failure to pay by certified mail, and by facsimile or email transmission to the involved Contractor, Prime Contractor and Project Labor Coordinator. The

DRAFT
- 21 -
Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) working days after the written notice of such failure to pay was sent to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon the payment of all monies due and then owing for wages, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work.

Prior to withholding its members' services for the Contractor's failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) days written notice of such failure to pay by certified mail, and by facsimile or email transmission to the involved Contractor, the Prime Contractor and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) working days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work.

Nothing in this section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under the procedures of Article 10 for any alleged or actual violations of Article 6 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator and Public Agency labor compliance program for review and enforcement, in accordance with Section 6.4.

The Public Agency shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with the Public Agency and applicable law.

ARTICLE 8

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 8.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the work because of jurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work

DRAFT
- 22 -
assignments will be in accordance with the Plan for Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 8.2 All jurisdictional disputes on this project shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions in this PLA.

All jurisdictional disputes shall be resolved without the occurrence of any of the activities prohibited in Article 7 (Work Stoppages and Lockouts), and the Contractor’s assignment shall be adhered to until the dispute is resolved.

Individuals violating this section shall be subject to immediate discharge.

Section 8.2.1 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of Thomas Pagan, Thomas Angelo, Robert Hirsch, and John Kagel, and the arbitrator’s hearing on the dispute shall be held at the offices of the Council within fourteen (14) days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

Section 8.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages.

Section 8.4 Pre-job Conference. It is required that a pre-job conference be held not later than fourteen (14) calendar days prior to the start of work by each Contractor for the Project in accordance with the procedure described in Article 16.

ARTICLE 9

MANAGEMENT RIGHTS
Section 9.1 Contractor and Public Agency Rights. The Contractors and the Public Agency have the sole and exclusive right and authority to oversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this PLA. In addition to the following and other rights of the Contractors enumerated in this PLA, the Contractors

DRAFT
- 23 -
expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to:
(a) Plan, direct, and control operations of all work; and (b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and
(d) Discharge, suspend, or discipline their own employees for just cause; and (e) Utilize, in accordance with Public Agency approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and
(f) Assign and schedule work at their discretion; and
(g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Schedule A(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 9.2 Specific Public Agency Rights. In addition to the following and other rights of the Public Agency and Prime Contractor enumerated in this PLA, the Public Agency expressly reserves its management rights and all the rights conferred on it by law and contract. Public Agency’s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and (b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the Public Agency and/or to mitigate the effect of ongoing Covered Work on businesses and residents in the neighborhood of the Covered Project sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the Public Agency will use best efforts to provide

DRAFT
- 24 -
the Project Labor Coordinator and the affected Contractor[s] and Union[s] with reasonable notice of any changes it requires pursuant to this section); and (c) Approve any work methods, procedures, and techniques used by Contractors whether or not these methods, procedures, or techniques are part of industry practices or customs; and
(d) Investigate and process complaints or disagreements, through its Project Labor Coordinator.

Section 9.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packaging, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor-saving devices, subject to the application of the California Public Contract and Labor Codes.

Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

Section 9.4 Special Equipment, Warranties, and Guaranties. (a) It is recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project sites. The nature of the equipment, together with the requirements for manufacturer's warranties, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of the manufacturer's personnel. The Unions agree that such equipment is to be installed without incident. (b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Covered Work. The Unions agree that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalogue parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction.
(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the

DRAFT
- 25 -
disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10.

ARTICLE 10

SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10.1 Cooperation and Harmony on Site.
(a) This PLA is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the Project Labor Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages.
(b) The Project Labor Coordinator, the Contractors, Unions, and employees, collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance of Covered Work, and agree to resolve all disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8.
(c) The Project Labor Coordinator shall observe the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangement of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal Parties to any pending grievance to ensure the time limits and deadlines are met.

Section 10.2 Processing Grievances. Any disputes arising out of and during the term of this PLA involving its interpretation and application, and all disputes involving the interpretation or application of the applicable Schedule A's, but not alleged violations of Articles 7 or 8, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. (a) Employee Grievances. When any employee subject to the provisions of this PLA feels aggrieved by an alleged violation of this PLA or the applicable Schedule A, the employee shall, through his local Union business representative or job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved

DRAFT
- 26 -
Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and void if notice of the grievance is not given within the ten (10) day period. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving Party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the Parties directly involved. (b) Union or Contractor Grievances. Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1(a) above for the adjustment of an employee complaint.

Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz. The decision of the arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).

DRAFT
- 27 -
(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this PLA or the applicable Schedule A.

Section 10.3 Limit on Use of Procedures. Procedures contained in this Article shall not be applicable to any alleged violation of Article 7 or 8, with a single exception that any employee discharged for violation of Section 7.2 may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 10.4 Notice. The Project Labor Coordinator shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps.

ARTICLE 11

COMPLIANCE
Section 11.1 Compliance with All Laws. The Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the Public Agency, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor.

ARTICLE 12

SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12.1 Safety.
(a) It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the Public Agency, the Prime Contractor, or the Contractor. It is understood that employees

DRAFT
- 28 -
have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the Public Agency.
(b) All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor and the Public Agency. These rules will be published and posted. An employee's failure to satisfy his/her obligations under this Section will subject him/her to discipline, up to and including discharge.

Section 12.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Attachment C, which is the exclusive Drug and Alcohol Testing Policy for the Project.

Section 12.3 Inspection. The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice.

ARTICLE 13

TRAVEL, SUBSISTENCE AND PARKING
Section 13.1 Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this PLA, except to the extent provided for in any applicable prevailing wage determination. Parking for employees covered by this PLA shall be provided by the Contractor(s) according to the provision of the applicable Schedule A’s.

ARTICLE 14

APPRENTICES
Section 14.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local workforce in the area served by the Public Agency, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with any laws or regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprenticeship readiness programs in the

DRAFT
- 29 -
construction industry leading to participation in such Joint-Labor Management Apprenticeship Programs. The Project Labor Coordinator, the Contractors, the Public Agency, and the Council and Unions, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Program.

Section 14.2 Use of Apprentices.
(a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor-Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall be in compliance, at a minimum, with the applicable provisions of the California Labor Code relating to utilization of Apprentices. The Public Agency, unless otherwise required by law, shall encourage such utilization, and, both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons.
(b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. (c) The Parties agree that Apprentices will not be dispatched to Contractors working under this PLA unless there is a journeyperson or other Contractor employee working on the Project where the Apprentice is to be employed who is qualified to assist and oversee the Apprentice's progress through the program in which he/she is participating.

ARTICLE 15

LEGAL ACTION
Section 15.1 Legal Action. The Public Agency, Council and Unions recognize the substantial legal costs (including all attorney’s fees and associated disbursements) that might accrue with regard to any legal challenge over this PLA and related to claims directly challenging the legality of this PLA, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Council, on behalf of itself and affiliated Unions, agrees to seek to intervene in the legal action

DRAFT
- 30 -
and actively participate in the litigation or other action to defend the legality of this PLA, or a particular section or language herein. The failure of the Council to seek to intervene in the legal action and actively participate to defend the legality of this PLA will constitute a material breach of this PLA. In the event the Council is denied leave to intervene in the legal action, the Council shall have its counsel coordinate with counsel for the Public Agency, at the Council’s own expense, regarding how the Council can best support the Public Agency’s legal position.

ARTICLE 16

PRE-JOB CONFERENCE
Section 16.1 Each Contractor is required to conduct a pre-job conference with the Unions not later than fourteen (14) calendar days prior to commencing work. The purpose of the conference will be to, among other things, convey craft manpower needs, the schedule of work for the Covered Project, project work rules, and propose preliminary Union work assignments. The Project Labor Coordinator may work with the Prime Contractor and Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre-job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Construction Contract for a Covered Project that was not previously assigned at a pre-job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such work will conduct a separate pre-job conference.

Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven (7) calendar days after the pre-job conference occurred.

Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Employer’s proposed assignments, but prior to the commencement of any work, the Employer shall make final assignments in writing with copies sent to the Project Labor Coordinator and Council.

Section 16.2 A Contractor’s failure to conduct a pre-job conference in accordance with this PLA is considered a breach of contract, and any affected Union may pursue a grievance under Article 10 of this PLA to seek a remedy for such a violation.

Provided, however, if the Contractor has conducted a pre-job conference in accordance with this PLA, that Contractor is not required to participate in any additional pre-job conferences or mark-up meetings related to the original scope(s) of work assigned at the pre-job conference.

DRAFT
- 31 -
Section 16.3 The Project Labor Coordinator may attend and facilitate each pre-job conference.

At each pre-job conference, the Project Labor Coordinator shall address the programs, goals and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program.

ARTICLE 17

LABOR/MANAGEMENT AND COOPERATION
Section 17.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic labor/management cooperation meetings, which will be chaired jointly by a designee of the Public Agency and a designee of the Council. The co-chairs shall determine the frequency and scheduling of the meetings with the assistance of the Project Labor Coordinator. The purpose of the meetings shall be to update the Parties about the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator shall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management cooperation meetings. Substantive grievances or disputes shall not be reviewed or discussed by this Committee but shall be processed pursuant to the provisions of the appropriate Article.

ARTICLE 18

SAVINGS AND SEPARABILITY
Section 18.1 Savings Clause. It is not the intention of the Public Agency, the Project Labor Coordinator, Contractor, or the Union Parties to violate any laws governing the subject manner of this PLA. The Parties hereto agree that in the event any provision of this PLA is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the PLA shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this PLA. Further, the Parties agree that if and when any provision(s) of this PLA is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly

DRAFT
- 32 -
enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this PLA is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this PLA, then the Parties agree that all Covered Projects that would otherwise be covered by this PLA should be continued to be bid and constructed without application of this PLA so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Projects.

Section 18.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the the Public Agency to withdraw, at its absolute discretion, the utilization of the PLA as part of any bid specification should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in delay of the bidding, awarding, and/or construction on the Project.

ARTICLE 19
WAIVER
Section 19.1 Waiver. A waiver of or a failure to assert any provisions of this PLA by any or all of the Parties hereto shall not constitute a waiver of such provision for the future.

Any such waiver shall not constitute a modification of the PLA or a change in the terms and conditions of the PLA and shall not relieve, excuse or release any of the Parties from any of their rights, duties, or obligations hereunder.

ARTICLE 20

AMENDMENTS
Section 20.1 (a) Amendments; Most Favored Nation; The provisions of this PLA can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the Council and the Public Agency. (b) Most Favored Nation. In the event that any city with a population of 100,000 or less (as of the effective date of this PLA) executes a project labor agreement with the Council, Public Agency shall maintain an option, in its sole and exclusive discretion, to amend this PLA to contain substantively all of the provisions as that of said project labor agreement.

DRAFT
- 33 -
ARTICLE 21

DURATION OF THE PLA
Section 21.1 Duration. This PLA shall be effective on the date when it has been executed by both the Council and the Public Agency. The Agreement shall continue in full force and effect for a term of three (3) years after the initial effective date (provided, however, it shall continue in effect for all work awarded prior to such termination date until the completion of such Project Work). At the end of the initial three (3) year term, this PLA shall automatically renew for an additional term of three (3) years unless either party provides written notice to the other at least 60 days before the expiration date of its intention to renegotiate or terminate the PLA.

Section 21.2 Turnover and Final Acceptance of Completed Work. (a) Construction of any phase, portion, section, or segment of Covered Projects Work shall be deemed complete when such phase, portion, section or segment has been turned over to the Public Agency by the Prime Contractor and the Public Agency has accepted such phase, portion, section, or segment. As areas and systems of the Covered Project are inspected and construction-tested and/or approved and accepted by the Public Agency or third parties with approval of the Public Agency, the PLA shall have no further force or effect on such items or areas, except when the Contractor is directed by Public Agency to engage in repairs, modifications or warranty work required by its Contract(s) with the Public Agency or the Prime Contractor.
(b) Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the PLA will continue to apply to each such item on the list until it is completed to the satisfaction of the Public Agency and Notice of Acceptance is given by the Public Agency or its representative to the Contractor.

Section 21.3 Continuation of Schedule A’s. Schedule A's incorporated as part of this PLA shall continue in full force and effect with regard to Covered Work, until the Schedule A is modified by parties thereto.

The Parties agree to recognize and implement all applicable changes on their effective dates, except as otherwise provided by this PLA; provided, however, that any such provisions negotiated in said collective bargaining agreements will not apply to work covered by this PLA if such provisions are less favorable to the

DRAFT
- 34 -
Contractor under the PLA than those uniformly required of Contractors for construction work normally covered by those agreements in San Diego County; nor shall any provision be recognized or applied if it may be construed to apply exclusively or predominantly to work covered by this PLA. Any disagreement between the Parties over the incorporation into a Schedule A of any such provision agreed upon in a negotiation of the local collective bargaining agreement that is the basis for a Schedule A shall be resolved under the procedures established in Article 10.

Section 21.4 Final Termination. Final termination of all obligations, rights, and liabilities, and disagreements shall occur upon receipt by the Council of a Notice from the Public Agency saying that no work remains within the scope of the PLA.

ARTICLE 22

WORK OPPORTUNITIES PROGRAM
Section 22.1 The magnitude, duration, and complexity of the Covered Projects will require large numbers of skilled craft personnel and create significant economic opportunities for Local Residents. It is therefore the understanding and intention of the Parties to use the opportunities provided by the extensive amount of work to collaborate and implement programs and procedures, which may include, for example, North America’s Building Trades Unions Multi-Craft Core Curriculum (MC3) apprenticeship readiness programs, to prepare persons, especially Local Residents, for entrance into Apprenticeship Programs to begin or continue their construction careers on Covered Projects and future projects. With assistance from the Project Labor Coordinator, the Contractors, the Unions and their affiliated regional and national organizations will work jointly to promptly develop and implement procedures for the identification of craft needs, the scheduling of work to facilitate the utilization of available craft workers, and the securing of services of craft workers in sufficient numbers to meet the high demands of the Covered Projects to be undertaken.

Section 22.2 The Parties support the development of increased numbers of skilled construction workers who are Local Residents to meet the labor needs of Covered Projects.

Towards that end, the Parties, together with the Public Agency and the Project Labor Coordinator, agree to develop and implement a work opportunities program for Local Residents to maximize construction career opportunities and create a construction career pipeline to becoming employed on Covered Projects. In

DRAFT
- 35 -
furtherance of the foregoing, the Council and Unions specifically agree to work with the Public Agency and the Project Labor Coordinator to:
(a) Collaborate with existing or newly created MC3 apprenticeship readiness programs in San Diego County to offer opportunities for Local Residents, including students, to enroll in free short-term construction apprenticeship readiness training to prepare them to enter into Apprenticeship Programs and become employed by a Contractor on Covered Projects. The Project Labor Coordinator, with the assistance of the Parties, will assist with the recruitment, career placement, and tracking of such Local Residents who graduate from these apprenticeship readiness programs; and
(b) The Parties will cooperate and collaborate with the Public Agency and Project Labor Coordinator to conduct outreach to and include Local Residents from traditionally underrepresented segments of the local population in the construction craft workforce for Covered Projects; and
(c) The Project Labor Coordinator, with input from the Council, shall produce detailed bi-annual reports to measure and report the outcomes of the policies, requirements, and programs established in this PLA, including the achievement of Local Resident employment participation on Covered Projects; and (d) The Unions will partner with the Public Agency,Contractors and Project Labor Coordinator to conduct outreach and recruitment activities by establishing or continuing to maintain existing centers, programs, and events to facilitate the entry of Local Residents into the building and construction trades. These programs shall serve as a resource for preliminary orientation, assessment of construction aptitude, referral to MC3 apprenticeship readiness programs or Apprenticeship Programs, referral to hiring halls, and provide tailored orientation and mentoring for women; and
(e) The Unions shall assist Local Residents with contacting the Apprenticeship Programs for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking employment on the Project and provide opportunities for Union membership by assessing their work experience and giving them credit for provable past experience in their relevant craft or trade, including experience gained working for non-Union Contractors.

The Unions shall put on their rolls qualified bona fide Local Residents for employment on the Project.

Section 22.3 Joint Subcommittee on Work Opportunities. To carry out the intent and purpose of this Article, a subcommittee of the Labor Management Committee established

DRAFT
- 36 -
pursuant to Article 17 shall be established, jointly chaired by a designee of the Public Agency and a designee of the Council, to oversee the effective development and implementation of the programs and policies described herein, and to work with representatives of each apprenticeship committee and representatives of the MC3 apprenticeship readiness programs to maximize employment opportunities for Local Residents who reflect the diversity of the communities surrounding Covered Projects and who may not be previously qualified for the construction career opportunities created by Covered Projects.

The subcommittee will meet as necessary at the call of the joint chairs to promptly facilitate its purposes in an expeditious manner as soon as this PLA becomes effective. In addition to the joint chairs, the membership of the committee will consist of at least three (3) representatives of the signatory local Unions and three (3) representatives of Contractors (or the organizations to which the Contractors belong) signatory to this PLA and experienced in overseeing and participating in Apprenticeship Programs.

ARTICLE 23

HELMETS TO HARDHATS
Section 23.1 Veterans Entry into Building and Construction Trades. The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter the “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment, and construction aptitude, referral to Apprenticeship Programs or hiring halls, counseling and mentoring, support network, employment opportunities, and other needs as identified by the Parties.

Section 23.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project.

DRAFT
- 37 -
In witness whereof, the Parties have caused this Project Labor Agreement for the the Public Agency to be executed as of the date and year above stated.

Dated: _____________ SAN DIEGO BUILDING AND CONSTRUCTION

TRADES COUNCIL
By: _____________________________________
Carol Kim, Business Manager
Dated: _____________ CITY OF LA MESA
By: _____________________________________
Mark Arapostathis, Mayor
Approved as to form: _____________________________

SIGNATORY UNIONS AND
(See Attached)

DRAFT
- 38 -

SIGNATORY UNIONS
By: By
:

Allied Workers Local 5 Boilermakers Local 92
By: By
:

Bricklayer & Allied Crafts Local 4 Cement Masons Local 500 / Area 744 By: By
:

Electrical Workers Local 569 Elevator Constructors Local 18 By: By
:

Painters and Allied Trades Local 1399 Iron Workers Local 229 By: By
:

Laborers Local 89 Plasterers Local 200
By: By
:

Plaster Tenders Local 1414 Operating Engineers Local 12 By: By
:

Plumbers & Pipefitters Local 230 Road Sprinkler Fitters Local 669 By: By
:

Roofers & Waterproofers Local 45 Sheet Metal Workers’ Local 206 By: By
:

Laborers Local 1184 Teamsters Local 166
By: By
:

Laborers Local 345 Tradeshow & Sign Crafts Local 831

DRAFT
- 39 -
By: By
:

UA Local 345 Laborers Local 300
By:

Southwest Regional Council of Carpenters

DRAFT
- 40 -
ATTACHMENT A – LETTER OF ASSENT
To be signed by all Contractors awarded work covered by the Project Labor Agreement prior to commencing work.
[CONTRACTOR’S LETTERHEAD]
DATE
Project Labor Coordinator
Address
Address
Address
Attention: ________________________
Re: [___________] Project Labor Agreement
Dear Sir:

This is to confirm that [Name of Company] agrees to be party to and bound by the [___________] Project Labor Agreement, effective ______, 202_, as such Agreement may from time to time be amended by the negotiating Parties or interpreted pursuant to its terms. Such obligation to be a Party and bound by this Agreement shall extend to all work covered by the Agreement undertaken by this Company on the Project pursuant to [Contract No. __________], and this Company shall require all of its subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical Letter of Assent prior to their commencement of work.

Sincerely,
[Name of Construction Company]
By:
[Name and Title of Authorized Executive]
[Copies of this Letter must be submitted to the Project Labor Coordinator and to the Council consistent with Article 3, Section 3.3(b)]

DRAFT
- 41 -
ATTACHMENT B-1 – WORKFORCE DISPATCH REQUEST FORM

DRAFT
- 42 -
ATTACHMENT B-2 – CONTRACTOR CORE WORKFORCE FORM

DRAFT
- 43 -
ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Attachment C – Drug and Alcohol Testing Policy, hereafter “Policy.”

1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the PLA.

2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 10 grievance procedure.

4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method.

Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle

DRAFT
- 44 -
urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then these new regulations will be deemed as part of this existing PLA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense. f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy

DRAFT
- 45 -
to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment.

Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA.

DRAFT
- 46 -

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.

Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.

14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties.

DRAFT
- 47 -

SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml Codeine/
Morphine 2000 ng/ml Codeine Morphine 2000 ng/ml2000 ng/ml Hydrocodone/
Hydromorphone 300 ng/ml Hydrocodone Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone 100 ng/ml Oxycodone Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine 500 ng/ml Amphetamine Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCAandbenzoylecgonine):Theconfirmatory testcutoffmustbeusedfor analternate technology initialtestthatisspecific for the target analyte (i.e., 15 ng/mlfor THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy.

DRAFT
- 48 -

MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS PURSUANT TO
ATTACHMENT C – DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.

DATE: September 26, 2023
TO: Members of the City Council
FROM: Mayor Mark Arapostathis
SUBJECT: Consideration and Possible Approval of Fee Waiver and Continuing City Support for the 2024 Juneteenth Special Event
Council Colleagues:

Attached is a correspondence from Allan Durden, President of the La Mesa Juneteenth event, requesting both a waiver of City fees and the continuing support of City staff (including police) regarding the upcoming 2024 La Mesa Juneteenth event (Correspondence).

As you are aware, the significance of Juneteenth has been recognized by the designation of a national holiday. Here in La Mesa, we commemorate the event via a local holiday and the closure of City Hall. Personally, I believe the La Mesa Juneteenth event serves a significant public purpose by bringing the community together to recognize and celebrate contributions and achievements of African Americans far and wide.

Therefore, for the reasons stated above and those contained in the Correspondence (especially promoting sustainability), I am seeking City Council direction to staff to bring back a resolution, for City Council consideration and possible action, approving Mr.

Durden’s requests.

Thank you,
Mayor Mark Arapostathis
cc: Greg Humora, City Manager
Glenn Sabine, City Attorney
Attachment: Allan Durden letter

Date: September 15th, 2023
From: Allan Durden
La Mesa Juneteenth
8030 La Mesa Blvd #100
La Mesa, CA 91942
To: Greg Humora
8130 Allison Ave
La Mesa, CA 91942
Dear City Manager Humora and Members of the La Mesa City Council, I am writing on behalf of the La Mesa Juneteenth Board of Directors to extend our heartfelt appreciation for the ongoing support from the City of La Mesa.

Additionally, we are seeking your assistance for our upcoming annual La Mesa Juneteenth & Friends Jubilee.

La Mesa Juneteenth, established as a public charity in 2022, emerged in response to the need for healing and progress following the events of 2020 in our community.

In the aftermath of protests ignited by incidents of police misconduct, our community rallied together in a spirit of unity and reconciliation.

Since then, we have made significant strides in rebuilding relationships, nurturing understanding, and championing positive change throughout our city.

Next year will mark the third La Mesa Juneteenth & Friends Jubilee in our city's history. We are eagerly anticipating this opportunity to continue our mission of empowering and uplifting the community.

Our vision is to cultivate an inclusive and harmonious La Mesa where education is valued and accessible to all, while promoting historical understanding, cultural appreciation, and social awareness through our event.

To ensure the sustainability of this vital community initiative and its continued positive impact, we respectfully request the following support from the City of La Mesa for our Second Annual La Mesa Juneteenth & Friends Jubilee and our annual events through 2026:

First, we kindly request that the City waive the special event fee and park fees associated with our event. Additionally, we request City support with traffic control, including both the Traffic Control Plan and staffing the day of.

This traffic control support was provided to us this year and was a primary contributor to the smooth running of the event throughout the day.

Both of these requests would also help reduce some of the associated costs of holding this event and will be integral in ensuring successful events in the future.

Lastly, we respectfully request that our event continue to receive the presence of on duty La Mesa Police Officers to enhance the safety and security of the event.

We firmly believe that with the City's support, the La Mesa Juneteenth & Friends Jubilee will remain a cornerstone for meaningful conversations, storytelling, and the acknowledgment of the significant contributions made by the Black community in shaping the fabric of La Mesa.

Thank you for your thoughtful consideration of our request. We look forward to the opportunity to engage in further discussions and collaboration to ensure the continued success of the La Mesa Juneteenth & Friends Jubilee.

Allan Durden,
President
La Mesa Juneteenth

DATE: September 26, 2023
TO: Mayor and Members of the City Council
FROM: Mayor Mark Arapostathis and Councilmember Colin Parent SUBJECT: PROPOSAL FOR DIGITAL BILLBOARDS TO FUND PUBLIC ART AND

PUBLIC SAFETY
At the March 28, 2023 City Council meeting, the Mayor appointed Councilmembers Dillard and Shu to form a Subcommittee to recommend a negotiated development agreement with Clear Channel, LLC for the placement and installation of digital billboards in the City. Pending the first meeting of the Subcommittee, a company known as OUTFRONT Media, LLC submitted a competing proposal (differing terms and conditions) for placement and installation.

At the July 25th meeting, the City Council voted not to proceed with a proposal from the Subcommittee to issue a competitive Request for Proposal (RFP) for the placement and installation of digital billboards.

We both supported the proposal on July 25th. However, we appreciate that the agenda item did not clearly identify the benefits to the public that might flow from an agreement for digital billboards in La Mesa. We are proposing to revisit the question of proceeding with an RFP, with a new guarantee that revenues from any such agreement will finance public art and public safety.

We are asking that the Council consider a new proposal to direct staff to develop and circulate, within 30 days, an RFP for the placement and installation of digital billboards in the City, to include:

1. A statement of facts identifying the process to authorize digital billboards, and

2. A listing of questions and concerns (for response) raised by the Council’s previous Subcommittee

3. A new statement of commitment that the City of La Mesa will only enter into a billboard agreement which requires that for the first five years, any new billboard revenues will fund public art and public safety. In particular, one third of any such revenue will be dedicated to public art, one third will be spent for the La Mesa Police Department, and one third will be spent for the La Mesa Heartland Fire Department.