Finance Committee
February 26, 2024

 Estimates of groundwater gradient direction and water table contour maps for the groundwater monitoring event;
 A description of any water quality violations that have occurred during the reporting period; and,
 Description and documentation of QA/QC procedures employed for field and laboratory work.

Task 12. Semi-Annual Amended Report of Waste Discharge When Required Supplemental report proposing an evaluation monitoring program which may be required by CRWQCB in the event the monitoring parameter constituents exceed the allowable maximum contaminant levels (MCL) for reporting purposes triggering a Notice of Violation to the Institution (discharger).

Task 13. 5 Year Groundwater Monitoring for Semi-Volatile Organic Compounds When Required
Purge wells and collect samples as described in the M&RP, The sampling shall be conducted concurrent with the field parameter measurements.

One groundwater sample from each of the three (3) wells (MW-1 through MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turn around that may require up to two (2) to three (3) weeks for receipt of analytical data. The three (3) samples shall be analyzed for:
 Semi-Volatile Organic Compounds(SVOCs) by EPA Method 8270 Task 14. 5 Year Surface Water Monitoring for Constituents of Concern Samples shall be collected from all stations and analyzed as specified in Table 2 of M&RP 96-010; annual samples shall be analyzed for:
 Bicarbonate
 Alkalinity
 Carbonate (CO3)
 Nitrate-Nitrogen
 Sulfate (SO4)
 Calcium (Ca)
 Chloride (CI)
 Iron (Fe)
 Magnesium (Mg)
 Manganese (Mn)
 Potassium (K)
 Sodium (Na)
 Chemical Oxygen Demand (COD)
 Total Organic Carbon (TOC)
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Task 15. 5 Year Unsaturated Zone Monitoring for Constituents of Concern According to the M&RP, the unsaturated zone shall also be monitored by means of sampling lysimeter LY-1 semi-annual for constituents of concern.

On the first sampling round of this authorization, soil pore liquid sampling shall be obtained from LY-1 on the amounts necessary to ensure laboratory analysis of all field and monitoring parameters as specified in the M&RP. Due to ground conditions, multiple site visits may be required to achieve collection of liquid amounts sufficient for the required analysis. The sampling shall be submitted under chain-of-custody control to a laboratory certified by DTSC for the requested analysis. The sample shall be analyzed on a regular laboratory turnaround which may require no more than two (2) or three (3) weeks for receipt of analytical data. The soil pore liquid sampling shall be analyzed for:
 Alkalinity by EPA Methods
 Bicarbonate
 Calcium (Ca)
 Carbonate (CO3)
 Magnesium (Mg)
 Manganese (Mn)
 Nitrate (as N) by EPA Methods
 Potassium (K)
 Zinc (Zn)
 Semi-Volatile Organic Compounds by EPA Method 8270

6. RESULTS EXCEEDING LIMITS
If the Contractor finds a statistically significant increase in indicator parameters or waste constituents over the water quality protection standards at or beyond the Points of Compliance, the Contractor shall notify the Board and SCC in writing within seven (7) days, and shall immediately resample for the constituent(s) or parameter(s) at the point where the standard was exceeded. Any additional action that must be taken in accordance with the M&RP or WDR shall be considered services outside the scope of this Agreement and will be bid and compensated separately.

7. CHAIN OF CUSTODY
The Contractor shall transport samples directly to the laboratory for testing without any intervening handling of the sample in order to maintain a “chain of custody”. Subcontracting any part of this service is prohibited and shall be grounds for immediate termination of the Agreement. Contractor must institute procedural safeguards to ensure exclusive custody and safekeeping of the samples, and designate individuals responsible for custody of the sample.

At the time of pickup by the Contractor, the Contractor shall complete the Log Book designating initials of courier, date, and time of pickup. Once the sample is in the custody of the Contractor, the sample shall remain in the actual and constructive custody of the Contractor until released to laboratory for testing. The Contractor shall maintain an area for storage of samples that, in addition to requirements imposed by other provisions of these specifications, shall be secured from access by any person other than designated custodian. #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Actual custody shall mean personal and constant control and surveillance over the sample during the transport to or from the secured areas specified above and during the actual time that testing and analytical services are being performed on the samples. Constructive custody shall mean those times when the samples are stored in the secured area specified above.

The Contractor shall ensure that the custody tag shall identify, by signature, the custodian or analyst having custody of the sample and location of the sample during the entire period from the time the sample is submitted to the Contractor until released to laboratory for testing.

8. REPORT SUBMITTALS
The Contractor shall complete all specified services including sample analysis to allow for sufficient time for the preparation and submittal of the reports. The Contractor shall submit all reports in triplicate to the Institution Contract Liaison or designee at SCC. The reports are due no later than January 5 for the semi-annual period of July through December and July 5 for the semiannual period of January through June. The Institution Contract Liaison or designee will review the reports for accuracy and content. The Contractor shall make any necessary report corrections or clarifications within three (3) business days of notification by the Institution Contract Liaison or designee. SCC will be responsible for submitting reports to the Regional Water Quality Control Board.

9. REPAIR SERVICE
The Contractor shall provide unlimited services for any repair on an as needed basis, only when requested or necessary to keep the equipment fully operational. Repair services not covered by the Guarantee section of the Scope of Work, shall be paid by the State at the Repair Hourly Rate, as specified in Exhibit B-1, Rate Sheet. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section.

Repair services shall be provided upon telephone or written request from Institution Contract Liaison or designee. The Contractor shall respond to requests for repair service within one (1) day. Every effort shall be made to perform repair services during normal business hours 8:00 a.m. to 4:00 p.m., Monday through Friday; State holidays excluded. Non-emergency repair services performed outside of designated business hours as specified herein must be approved in advance in writing by the Institution.

The Contractor shall make every attempt to complete repairs within twenty-four (24) to forty- eight (48) hours. Unless the repair requires parts that must be ordered, no repair may take longer than five (5) working days to complete. When a delay in repair will occur due to parts that must be ordered, written notification must be presented to the Institution Contract Liaison or designee immediately.

10. ACCIDENTS/DAMAGES
Damage caused to the equipment covered herein due to fire, abuse, act of God, accident, unauthorized alterations, disasters, the elements, failure of electrical power, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR inmates, are not covered by this agreement except on a time and material basis. Such repairs will be performed by the Contractor at the Contractor’s current, published rates at the time #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

service is required, but only after the Contractor has made an estimate of all costs involved and written documentation has been provided to the Institution Contract Liaison or designee. The Institution Contract Liaison or designee is solely responsible for deciding what, if any, repairs shall be made.

11. GUARANTEE
The Contractor shall guarantee all services performed by the Contractor service technicians, including any replaced parts, for a minimum of 90 days from the date of service performance.

If it is determined that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the State. Correction shall occur during designated State business hours upon request for service by the Institution Contract Liaison or designee.

The Institution Contract Liaison or a designated representative shall be solely responsible for determining acceptability of service, and satisfactory completion of any services provided by the Contractor.

12. PARTS REPLACEMENT
This Agreement will include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way. A published price list for parts shall be submitted with the Contractor’s invoice to the State. The Contractor shall notify the Institution, and obtain written approval, prior to ordering and/or installing any part. A written estimate of the required part(s) must be submitted to the Institution and approved before replacement.

SCC reserves the right to purchase repair parts independently. The Contractor shall supply a published price lists from which the Institution Contract Liaison or designee may purchase any parts not listed herein, at the published price rate. The published price list submitted shall be incorporated as Exhibit B-2, Published Price List and made part of this Agreement by reference only. All costs for replacement parts will be in accordance with the rates specified in Exhibit B-1, Rate Sheet and the Exhibit B-2 Published Price List, which shall include a 10% discount, plus sales tax, and paid in arrears.

Parts replaced by the Contractor under this Agreement shall be new, factory manufactured, or of equivalent quality. The Contractor shall maintain an adequate supply and/or be able to obtain within a reasonable amount of time any necessary replacement parts in order to perform repairs and maintenance in a timely manner. Consumables and other supply items are hereby excluded. Any parts that have been replaced become the property of the State.

A published price list for parts shall be submitted with the Contractor’s invoice to the Institution Contract Liaison or designee when approved for purchase. SCC assumes no responsibility and will not reimburse the Contractor for parts that were ordered and/or installed prior to authorization by the Institution Contract Liaison or designee.

13. QUALIFICATIONS
Contractor must have a minimum of two (2) technicians with a minimum of two (2) years experience working with a Geosynthetic Clay Liner (GCL) design and the soil moisture monitoring sensors to monitor the performance of the GCL. Documentation/letters of reference as specified #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

in Attachment 1, Service Technician Reference form is required to show proof of working experience in this highly specialized area.

14. LICENSES
If the Contractor is located within the State of California, a business license from the city/county in which it is headquartered is necessary. However, if it is a corporation, a copy of incorporation documents/letter from the Secretary of State’s office may be submitted. If a Contractor outside the State of California, Contractor shall include a copy of the business license or incorporation papers from their respective state showing that the company is in good standing in the State.

15. PERSONNEL
The Institution Contract Liaison or designee shall approve in advance all required personnel assigned to this Agreement. If any employee of the Contractor is unable to perform due to illness, resignation, or factors beyond the Contractor’s control, the Contractor shall immediately submit qualifications of proposed substitute personnel to Institution for approval. Failure to do so may be cause for termination of this Agreement.

16. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT

INFORMATION
Should questions or problems arise during the term of this Agreement, the Contractor may contact the following offices:

Billing/Payment Issues:

Accounting Services Branch - Sacramento
Phone Number: (916) 255-2042
FAX Number: (916) 255-2103
Scope of Work/Performance Issues:

Sierra Conservation Center (SCC)
Correctional Plant Supervisor
Phone Number: (209) 984-5291 ext. 5288
FAX Number: (209) 984-0924
General Agreement Issues:

Contract Management Branch
Phone Number: (916) 255-5624
FAX Number: (916) 255-6187
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A-1 Service Report

SERVICE REPORT
Date of Service: ________________
Type of Maintenance/Inspection  Monthly  Quarterly  Semi-Annual  Annual  Safety Inspection  Calibration
__________________ Hours Service Provided (To/From)
Provide explanation on all parts replaced
___________________________________________________________________ Repairs _______________________Hours Service Provided (To/From)

TOTAL REPAIR HOURS
Were parts replaced?  Yes  No
Provide explanation for all parts replaced.

Location of Equipment
Description of Equipment
Equipment Make Make _____________ Model _____________ Serial Number______________ Description of service performed: (use back of this page if more space is needed) Describe any noted deficiencies and suggested corrective action The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the contractor for any work performed prior to approval and scheduling by the Institution Contract Liaison, or designee. Payment will only be made on invoices accompanied by a Service Report signed by the Institution Contract Liaison, or designee.

Name of Service Technician/Contractor Authorized Institution Personnel Print Name Here Print Name Here
Signature Date Signature Date
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TBB Bid Number C5611173-D
California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and the current Contractor’s Published Rates, published at the time of contract award which are incorporated herein by reference only as Exhibit B-2, Published Price List and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.
b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.
c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above. 1) To submit invoices by mail for Institutions, DJJ Facilities, DJJ Headquarters, and Board of Parole Hearing contracts:

California Department of Corrections and Rehabilitation (CDCR) ASB - Sacramento
Attention: Accounts Payable B
P.O. Box 187016
Sacramento, CA 95818-7016
For electronic submission, send invoices to:

[email protected]

2. Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.
b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.
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TBB Bid Number C5611173-D
California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. Subcontractors
Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. Bidder Acknowledgement/Certification (OBS 300)
The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work and all Terms and Conditions.

Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.
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TBB
California Department of Corrections and Rehabilitation (CDCR) Rate Sheet
Bid Number C5611173-D
Exhibit B-1
Cost per
Service X
Est. # of
Services = Total
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 3 = $ -
X 3 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 3 = $ -
X 6 = $ -
X 6 = $ -
Task 1. Semi-Annual Groundwater Field Parameter
Measurements
Task 2. Semi Annual Groundwater Monitoring Parameters
Task 3. Semi Annual Groundwater Monitoring for
Constituents of Concern
Task 5. Annual Surface Water Monitoring Parameters

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE AND REPAIR SERVICES Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells. Any quantities listed on Exhibit B-1 are CDCR's estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

NOTE: Bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services at no cost to the State. Any and all services performed outside of the Scope of Work shall be the sole risk and expense of the Contractor.

The hourly rate will be charged beginning when the Contractor arrives and checks in at the designated location. The time will end when the Contractor finishes providing the repair services required. Any loss of time checking in and out of the Institution gates and sallyports shall be borne by the Contractor.

A. LANDFILL MONITORING
Task 4. Annual Surface Water Field Parameter
Measurements
Task 7. Semi-Annual Unsaturated Zone Monitoring
Parmaeters
Task 9. Semi-Annual Gas Migration Monitoring
Task 10. Semi-Annual Detection Monitoring Report
Task 8. Semi-Annual Soil Moisture Readings
Task 12. Semi-Annual Amended Report of Waste Discharge
When Required
Task 6. Semi-Annual Unsaturated Zone Field Parameter
Measurements
Description
Task 11. Annual Monitoring Summary Report
Task 13. 5 Year Groundwater Monitoring for Semi-Volatile Organic Compounds When Required

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TBB
California Department of Corrections and Rehabilitation (CDCR) Rate Sheet
Bid Number C5611173-D
Exhibit B-1
X 1 = $ -
X 1 = $ -
$ -
Cost Per
Hour X Est. # of Hours = Total
X 48 = $ -
$ -
C. PARTS
$10,000.00
$ -

BASIS FOR
AWARD
_____%
TOTAL AMOUNT FOR A =
* The percent of discount (highest discount prevails) may be used in the event of tie bids. Refer to the Notice to Prospective Bidders, Bid Submission Requirements.

Repair Hourly Rate (Designated Business Hours)
Description
B. REPAIR HOURLY RATE
TOTAL AMOUNT OF AGREEMENT (SUM OF A+B+C) =
Contractor may offer a discount on amount paid on invoices received and accepted by CDCR in order for the invoices to be paid within thirty (30) days of receipt. Discount offered on invoices must be at least one (1%) percent of the amount and a minimum of $50.00.

Discount offered on invoices to be paid within 30 days of receipt = Parts Estimate for term of Agreement
TOTAL AMOUNT FOR B =
Task 14. 5 Year Surface Water Monitoring for Constituents of Concern
Task 15. 5 Year Unsaturated Zone Monitoring for
Constituents of Concern

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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.
a. Final Payment
The acceptance by Contractor of final payment shall release the California Department of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to Contractor for everything done or furnished in connection with this work and from every act and neglect of CDCR and others relating to or arising out of this work except for any claim previously accepted and/or in process of resolution. b. Informal Appeal
Contractor and the program or institution contract liaison, or other designated CDCR employee of the unit for which the goods are being delivered or the service is being performed, shall first attempt in good faith to resolve the dispute or claim by informal discussion(s). Contractor shall identify the issues and the relief sought. Informal discussion(s) between Contractor and contract liaison, or the designated CDCR employee, shall be written, dated, and signed by the authors.

The program or institution contract liaison shall issue an informal written statement to Contractor regarding the dispute within fifteen (15) calendar days following settlement or an impasse in the informal discussion(s) process. The written statement shall either: (1) document the dispute settlement and what, if any, conditions were reached; or, (2) document the reason(s) the dispute could not be resolved informally and provide notification to Contractor of its option to file a formal appeal within thirty (30) days of the informal statement. One (1) copy of the informal statement and the discussion(s) on which it is based shall be forwarded immediately to the Office of Business Services (OBS) for inclusion in the Agreement file.
c. Formal Appeal
If the dispute or claim is not resolved to Contractor’s satisfaction by the informal appeal process, Contractor may file with the Associate Director, OBS, and a formal written appeal within thirty (30) calendar days of the date of CDCR’s informal written decision.

The formal written appeal shall be addressed as follows:
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

(SUBJECT)
Associate Director
Office of Business Services
California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular relief or remedy sought, the factual basis for Contractor’s claim or dispute, and Contractor’s legal, technical and/or other authority upon which Contractor bases its claim or dispute.

The formal written appeal shall include a written certification signed by a knowledgeable company official under the penalty of perjury according to the laws of the State of California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute, claim, or demand is made in good faith, and that the supporting data are accurate and complete. If an Agreement adjustment is requested, the written certification shall further state under penalty of perjury that the relief requested accurately reflects the Agreement adjustment for which the CDCR is responsible.

If Contractor is a corporation, the written certification shall be signed by an officer thereof. If Contractor is a sole proprietorship or partnership, it shall be signed by an owner or full partner. If Contractor is other than a corporation, sole proprietorship or partnership, it shall be signed by a principal of the company with authority to bind the company.

The Associate Director, OBS, shall issue a formal written decision on behalf of CDCR within thirty (30) calendar days of receipt of the properly addressed formal written appeal. If mutually agreed by the parties, the date for the issuance of CDCR’s final written decision may be extended.
d. Further Resolution
If the dispute is not resolved by the formal appeal process to Contractor’s satisfaction, or Contractor has not received a written decision from the Associate Director, OBS, after thirty (30) calendar days, or other mutually agreed extension, Contractor may thereafter pursue its right to institute other dispute resolution process, if any, available under the laws of the State of California.
e. Contract Disputes with Public Entities
A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor. Contractor may submit a written request to terminate this #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

Agreement only if the State should substantially fail to perform its responsibilities as provided herein.

Additionally, the State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor should it be later identified as a service which can be consolidated into a statewide/regionalized Agreement. The State may exercise its option to cancel the remaining years of this Agreement, should it be decided that with additional institutions and/or sites, the State would receive a better rate for the same service.

However, the State can immediately terminate this Agreement for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

3. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

4. Responsibility Hearing
If this Agreement is terminated for cause, CDCR reserves the right to conduct a responsibility hearing to determine if the Contractor is a responsible bidder before an award of future Agreements can be made.

5. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State’s operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor’s possession #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) in violation of any state or federal law.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

6. Compliance with Legal Requirements
The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (“CDCR Policies”) applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

7. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. Liability for Loss and Damages
Any damages by the Contractor to the State’s facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

9. Computer Software Management Memo
Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

10. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a Contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

11. Liability for Nonconforming Work
All work provided by the Contractor shall conform to the latest requirement of federal, state, city and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

12. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify CDCR, OBS in writing within ten (10) working days of any changes to the subcontractor and/or consultant information.

13. Contract Violations
The Contractor acknowledges that any violation of Chapter 2 or any other chaptered provision of the Public Contract Code (PCC) is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

14. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

15. Extension of Term
This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

16. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment; b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (Unauthorized Communications with Prisons and Prisoners Offenses);
c. Ex-Offenders required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or
d. Any ex-offender in a position which provides direct supervision of parolees, except in the following instances:

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years.

An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or Contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.

17. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

18. Tax
The State of California and Contractor will each bear their own respective federal, state and local tax liabilities arising from this Agreement. It is expressly understood that neither the State nor the Contractor will assign, shift, pass on or otherwise assume the tax liabilities of the other party.

19. Licenses and Permits
The Contractor shall be an individual or firm licensed to do business in California and shall obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide CDCR with a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

20. Permits and Certifications from State Board of Equalization This solicitation and any resulting Agreement shall be subject to all requirements as set forth in Sections 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code requiring suppliers to provide a copy of their reseller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization.

Failure of the supplier to comply by supplying the required permit or certification will cause the supplier’s bid response to be considered non-responsive and their bid rejected. Unless otherwise specified in this solicitation, a copy of the reseller’s permit or certification of registration must be supplied within five (5) State business days of the request made by the State.

21. Darfur Contracting Act
Effective January 1, 2009, CDCR generally cannot contract with “scrutinized” companies that do business in the African nation of Sudan, as described in Public Contract Code Sections 10475-10478. A company that currently has (or within the previous three years has had) business activities or other operations outside of the United States must certify that it is not a “scrutinized” company when it submits a bid or proposal to CDCR. A scrutinized company may still submit a bid or proposal for a contract with CDCR if the company first obtains permission from the Department of General Services (DGS).

All bidders must submit a completed OBS 1500 verifying status, with their bid proposal.

22. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees
Consultant Contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service Contractors and/or certain of their employees may be required to file a Form 700 if so requested by CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service Contractors (other than consultant Contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:

1. The Agreement service has been identified by CDCR as one where there is a greater likelihood that a conflict of interest may occur;

2. The Contractor and/or Contractor’s employee(s), pursuant to the Agreement, makes or influences a governmental decision; or
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

3. The Contractor and/or Contractor’s employee(s) serves in a staff capacity with CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for CDCR that would otherwise be performed by an individual holding a position specified in CDCR’s Conflict of Interest Code.
b. Current State Employees

1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2. No officer or employee shall contract on his or her own behalf as an independent Contractor with any state agency to provide goods or services.

3. In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:
a. Using an official position for private gain;
b. Giving preferential treatment to any particular person; c. Losing independence or impartiality;
d. Making a decision outside of official channels; and
e. Affecting adversely the confidence of the public or local officials in the integrity of the program.

4. Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees

1. For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency.

2. For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service.

In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, “affiliated company, person or business” means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or businesses” include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.

The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor’s business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor’s business status or structure that could affect the performance of the Contractor’s duties under the Agreement.

If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

23. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff, made by any inmate or parolee, which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

24. Additional Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases, or communicable diseases. Contractor agrees that it shall comply fully with all applicable Cal/OSHA regulations concerning protection of the Contractor’s employees from diseases; including Title 8, California Code of Regulations section 5193 (Blood Borne Pathogens), and Title 8, section 5199 (Aerosol Transmissible Diseases). Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents and employees from any and all #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

claims and losses accruing or resulting to any of the Contractor’s employees arising out of exposure to any blood borne pathogen, aerosol transmissible disease, or communicable disease during the Contractor’s performance of the Agreement.

25. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor’s employee access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

26. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

27. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement.

28. Workers’ Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this Agreement, carry workers’ compensation insurance, at Contractor’s expenses, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this Agreement. Such coverage will be a condition of CDCR’s obligation to pay for services provided under this Agreement. #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

Prior to approval of this Agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers’ compensation coverage. Contractor agrees that the workers’ compensation insurance shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled at any time during the term of this Agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the Agreement or for a period of not less than one year. The State reserves the right to verify the Contractor’s evidence of coverage. In the event the Contractor fails to keep workers’ compensation insurance coverage in effect at all times, the State reserves the right to terminate this Agreement and seek any other remedies afforded by the laws of this State.

Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor’s workers’ compensation claims and losses by Contractor’s officers, agents and employees related to the performance of this Agreement.

29. Insurance Requirements
Insurance as required herein shall be a condition of the State’s obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a “true and certified” copy of the policy, or any other proof of coverage issued by Contractor’s insurance carrier. Binders are not acceptable as evidence of coverage.

Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractor are insured at the minimum levels required by the State of California.

Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor’s evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage at all times as required, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California.

For all companies and/or businesses and individual providers, the Contractor hereby represents and warrants that the Contractor is currently and shall be, for the duration of this Agreement, at Contractor’s expense insured against:

Commercial General Liability - Provider agrees to carry a minimum of $1,000,000 per occurrence for bodily injury and property damage liability combined (not required if medical services are provided at the institution).
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

The certificate of insurance must include the following provisions:
• The California Department of Corrections and Rehabilitation must be named as the “Certificate Holder” and list the following:

State of California
California Department of Corrections and Rehabilitation Office of Business Services
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
• The State of California, its officers, agents, employees, and servants are hereby named as additional insured but only with respect to work performed for the State of California, under the contract (SCM 7.40).

Auto Liability – Contractor agrees to carry a minimum of $1,000,000 per claim for bodily injury and property damage liability combined.

30. Disabled Veteran Business Enterprise (DVBE)
If this Agreement is exempt from DVBE requirements, CDCR requests your assistance in achieving legislatively established goals for the participation of DVBEs by reporting any certified DVBEs that will be used in the performance of this Agreement.

31. Small Business and DVBE Participation – Commercially Useful Functions This solicitation and any resulting Agreement shall be subject to all requirements as set forth in the following code:

Government Code Sections 14837, 14839, 14842, 14842.5
Military and Veterans Code (MVC) Sections 999, 999.6, 999.9 In part, these codes involve requirements for businesses to qualify as a California certified Small Business, Micro business and/or DVBE. The aforementioned companies must perform a commercially useful function to be eligible for award and be “domiciled” in California. A supplier’s bid will be considered non-responsive and rejected for failure to comply with the definition and requirements set forth in the statutes Contractors found to be in violation of certain provisions within these code sections may be subject to loss of certification, penalties and Agreement cancellation.

32. DVBE Replacement Request
Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veteran’s Code (MVC) § 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). The Contractor shall submit requests for DVBE substitutions electronically on the DVBE Substitution form with justification for the substitution to the Office of Business Services; [email protected] (for institution-related contracts) or to [email protected] (for all other #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

requests). For assistance with access to the “DVBE Substitution” form and instructions, contact the Department of Corrections and Rehabilitation Office of Business Services SB/DVBE Advocate at [email protected]. Requests to replace a DVBE subcontractor must be amply documented to show that the replacement meets the criteria as specified in the California Code of Regulations (CCR), Title II, Section 1896.64(c) or the Public Contract Code (PCC) § 4107 (for public works). Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC § 999.9; PCC § 10115.10, or PCC § 4110 (for public works contracts).

33. DVBE Payment Certification
Military and Veterans Code (MVC) 999.5(d) requires prime contractors to certify that payments to DVBE subcontractors were made upon completion of the contract and allows the awarding department to requests proof of payment. Senate Bill 588 requires prime contractors to certify that payments to DVBE subcontractors were made upon final invoice submittal. MVC 999.7 states that the department shall withhold up to $10,000 from the final payment until the prime contractor complies with the certification requirements in MVC 999.5(d).

Prime contractors shall return the completed Prime Contractor’s Certification – DVBE Subcontractor Report (STD 817) with proof of payment to the DVBE subcontractor via email to “[email protected]” for processing and inclusion in the contract file with the final invoice. If the STD 817 is not submitted with the final invoice or submitted incomplete, up to $10,000 will be withheld from the prime contractor’s final payment pending receipt of a complete and accurate STD 817.

34. Travel
Contractor’s rates shall include all travel expenses required to perform services in accordance with this Agreement.

35. Work Area
Contractor will ensure that the work area is kept clean and free of debris, as necessary, to maintain a safe working environment for staff and inmates. While working on equipment, Contractor agrees to perform services with as little disruption to the State’s operations as possible. All tools, equipment and other work materials belonging to the Contractor will be removed from the institution at the end of each working day. The State shall not be responsible for storage of any Contractor property.

36. Materials and Workmanship
All materials used and all work performed under the contract shall conform in all respects to the latest amended rules, regulations and requirements which are set forth in the Uniform Building Code, Uniform Plumbing Code; National Electric Code; California Electric Safety Orders; California Department of Industrial Relations, Division of Industrial Safety regulations; and any other regulatory requirement having jurisdiction over this type of work.

Materials, articles or equipment furnished by the Contractor for incorporation into the work shall be new. When the contract documents indicate or require that such materials, articles #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

or equipment are to be furnished, but the quality or kind thereof is not particularly specified, shown or indicated, the Contractor shall furnish materials, articles or equipment at least equal to the class or quality of the materials, articles or equipment that are specified, shown or indicated. Substantiating data of the equal item shall be presented to the State within thirty-five (35) calendar days after the award of the contract. All work shall be performed in a first class and workman-like manner in accordance with the true intent and meaning of the Plans and Specifications. Every part of the work shall be accomplished by the workers, laborers or mechanics especially skilled in the class of work required and workmanship shall be the best.

Completed work shall be to the entire satisfaction of the State of California. The State shall be the sole judge as to whether the materials or workmanship is acceptable. Should any portion of the completed work or any materials, articles or equipment delivered fail to comply with the requirements of the contract, such work, materials, articles or equipment shall be rejected. The Contractor shall immediately replace all unacceptable materials at its own expense; all unacceptable work shall immediately be made satisfactory to the State by the Contractor at no additional expense to the State. Any materials, articles or equipment that has been rejected shall immediately be removed from the premises at the expense of the Contractor.

37. Equipment
Restrictions may be placed on the quantity and type of equipment and materials left within existing facilities during breaks, meals or at the end of each workday.

38. Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around inmates/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.

Contractors and their employees who have any contact (physical or nonphysical) with inmates/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

The following provisions apply to services provided on departmental and/or institution grounds:

39. Bloodborne Pathogens
Contractor shall adhere to California Division of Occupational Safety and Health (CALOSHA) regulations and guidelines pertaining to bloodborne pathogens. #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

40. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or wards who are housed within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates or wards. The following is a summation of pertinent information when nondepartmental employees come in contact with prison inmates or wards.

By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates or wards.

Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison inmates, wards, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, 4696, and 4697; WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176(a) and 4696; WIC Section 1712.
e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge.

It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289; WIC Section 1001.7.
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors.

SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574; Title 15, Sections 4681 and 4710; WIC Sections 1001.5 and 1152. g. It is illegal to give or take letters from inmates or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates or wards.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and 4045; WIC Section 1712.
h. In an emergency situation, the visiting program and other program activities may be suspended.

SOURCE: PC Section 2601; CCR, Title 15, Sections 3383, 4002.5 and 4696. i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate or ward clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3174(b)(1) and 4696.
j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger.

SOURCE: CCR, Title 15, Sections 3261.5, 3315(a)(3)(X), and 3177 and 4700(a)(1).

41. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. The Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

42. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of CDCR is prohibited.

43. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim.

All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

If you are providing services for the confinement of our inmates, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR’s Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.

As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR inmates and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds.

Contract employees, who have contact with inmates, shall be provided training via the Exhibit titled; “PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet” to learn their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates.

Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

44. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire. d. Due to security procedures, the Contractor, Contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. f. Electronic and communicative devices such as pagers, cell phones and cameras/micro cameras are not permitted on institution grounds. g. Contractor, Contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.
h. No picketing is allowed on State property.

45. Gate Clearance
Contractor and Contractor’s employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious #4..
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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity.

All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.
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California Department of Corrections and Re, ,abilitation (CDCR) California Regional Water Quality Cont�ol Board Order No. 96-010

CALIFORNIA REGIONAL
CENTRAL V AllEY

WATER QUALITY CONTROL BOARD
REGION
ORDER NO. 96-010

WASTE DISCHARGE REQUIREMENTS
FOR

CLOSURE OF SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS . CLASS ill LANDFILL

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
The California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds that:

1. The State of California-Department of Corrections (hereafter Discharger) owns and operates the Sierra Conservation Center Landfill. These Waste Discharge Requirements (WDRs) are in conformance with Title 23, California Code of Regulations (23 CCR), Division 3, Chapter 15 (hereafter Chapter 15). The Discharger submitted a Solid Waste Water Quality Assessment Test (SWAT), dated 30 September 1992, and a Final Closure and Postclosure Maintenance Plan (Closure Plan), dated 30 July 1993, and subsequently amended on 23 September 1994. These WDRs reflect the approved closure and postclosure maintenance plans for the facility.

2. The landfill is part of a prison complex owned by the State of California and operated by the Department of Corrections. The Sierra Conservation Center is approximately 4.5 miles south of New Melones Lake in Section 34, TlN, Rl4 E, MDB&M, as shown on Attachment A, which is incorporated herein and made part of this Order. The landfill is found on the southwest part of the property, immediately south of the shooting range as·shown on Attachment B, which is incorporated herein and made part of this Order.

3. The 29,400 square foot (0.7 acre) landfill has an average depth of 8 feet. The total volume of waste disposed at the site is estimated to be approximately 11,000 cubic yards. Land filling activities by the Sierra Conservation Center took place for approximately 25 years in a gully in the southwest comer of the complex. Land filling was discontinued in the fall of 1987 at which time approximately a one foot thick layer of soil was spread over the disposal site.

4. The Report of Waste Discharge (Closure and Postclosure Maintenance Plans) requests waste discharge requirements (WDRs) for the closure and postclosure maintenance of the Class III landfill.

Upon Board approval of the closure plans, the Discharger proceeded with closure construction activities. One component of the closure included an engineered alternative barrier layer containment system as part of the final cover design.

5. The alternative engineering design and materials for the barrier component of the final cover demonstrated compliance with the prescriptive standards contained in Chapter 15, Article 8. The Discharger also demonstrated that the design was in accordance with Subsections 2510(b) and (c) of Article l. Subsections 251Q(b) and (c) describe the Board's authority to consider alternatives to construction or prescriptive standards. The Discharger demonstrated that the engineered alternative is feasible and consistent with the performance goal and affords equivalent protection against water quality impairment; that the prescriptive standard is unreasonable and unnecessarily burdensome and will cost substantially more.

6. Final closure activities occurred in the fall of 1994. Construction of the capping of the landfill with an impermeable barrier constitutes corrective action measures to mitigate the infiltration of water to · prevent the generation of leachate in the landfill. The Monitoring and Reporting Program Order

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California Department of Corrections and Re11dbilitalion (CDCR) California Regional Water Quality Control Board Order No. 96-010 Bid Number C5611173-D
Exhibit E
WASTE DISCHARGE REQUIREiv,..,,-trS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA PEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
-2-
No. 96-010 shall verify the effectiveness of the mitigation measures by analyzing the unsaturated zone, ground and surface wat�r quality.

7. Based on borings drilled through the waste, the landfill consisted of metal, plastic, household items {mattress, shoes, shirts, cutlery), wood, and ash. One D-cell battery was found. No aerosol cans, paint cans, cleaning fluid containers, or other objects that could be a source of hazardous constituents were observed. These wastes are classified as 'non-hazardous solid waste' or 'inert waste' using the criteria set forth in Chapter 15.

8. Because the Discharger ceased disposing of waste prior to 9 October 1991, updated RCRA Subtitle "D" requirements are not applicable to this facility.

SITE DESCRIPTION

9. The Sierra Conservation Center is approximately 4.5 miles south of New Melones Lake east of the Stanislaus River in the western foothills of the Sierra Nevada geornorphic province of California.

The geology along the western Sierra Nevada is characterized by a belt of strongly deformed but weakly metamorphosed rocks.

10. Land use within 1000 feet of the facility consists of a prison site with the main compound to the north east, a shooting r!3Dge to north west, and a water treatment facility directly north. Land surrounding the site will becolT!e an unused open area. The SCC will continue to operate the correctional facility for the conceivable future and has no plans to build structures in the immediate vicinity or the landfill.

11. The main structural feature in the area of the Sierra Conservation Center is the Bear Mountain Fault which runs in a northeasterly direction. The fault crosses through the Sierra Conservation Center site on the western side. This fault, in addition to the Melones Fault to the east, make up the Foothills fault system. The fault system has been characterized as being able to produce an earthquake of magnitude 6.5 on the Richter scale. Local underlying rock comprises variable layers consisting of metasedirnents (shales, muscovite schists, hornblende schists), and metavolcanics (chlorite schists, serpentinite schists and "greenstone"). Dominant metamorphic rocks strike to the northwest, dip steeply to the west or to near vertical.

12. Ground water was encountered in borings B-1 and B-2 at a depth of approximately 15 and 10 feet, respectively. Ground water was observed approximately 1-1/2 feet below the waste in B-1 and approximately 2 to 3 feet below the waste in B-2. Ground water did not appear to be in direct contact with the waste, but it did appear to be perched in the alluvium or weathered zone bedrock.

Penetration of water into the bedrock may be possible through open joints or fractures. There is no evidence of any geologic conditions which would provide significant containment or attenuation of leachate generated by the landfill.

13. Two ground water monitoring wells, MW-2 andMW-3 (see Attachment C), are installed at the northern downgradient end of the landfill. Because of the geologic conditions at the site, it was not possible to establish an upgradient well in the same perched ground water zone so no comparison can be made between downgradient and background wells. Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the concentrations of major mineral species. Trichlorofluoromethane (1.0 µ.g/1) was detected in MW-3.

14. Sampling of the unsaturated zone is accomplished by means of a lysimeter (L Y-1) in the central portion of the landfill as shown on Attachment C. The lysirneter was installed at a depth of

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California Department of Corrections and Rehdoilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O WASTE DISCHARGE REQUIRE!VL..J.-.fl'S

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
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EC) relative to either surface water or MW-2. Unsaturated zone samples are somewhat close in character to samples from MW-3. The lysimeter appears to be sampling water from the unsaturated zone that ultimately migrates to the perched ground water and flows past MW-3.

15. Four driven landfill gas migration monitoring probes are p9sitioned in and around the perimeter of the landfill as shown on Attachment C. These gas probes will be monitored for methane concentrations as stipulated by Title 14, California Code of Regulations (CCR), under the authority of the California Integrated Waste Management Board.

16. The beneficial uses of ground water are domestic, agricultural and industrial supply ..

17. The facility receives an average of 16.5 inches of precipitation per year as read from a Mean Annual Precipitation isohyetal map prepared by Solano County. The average annual net evaporation at the facility is approximately 48.5 inches.

18. The 100-year, 24-hour precipitation event for the facility is approximately 0.2 inches per hour, as read from the storm intensity, duration, frequency curve provided by the Tuolumne County Department of Public Works.

19. The facility is not within a 100-year floodplain.

20. Surface drainage is to the Stanislaus River.
.
.

21. The beneficial uses of these surface waters are domestic, agricultural, and industrial supply; ground water recharge; power generation; recreation; aesthetic enjoyment; navigation; fresh water replenishment; and preservation and enhancement of fish, wildlife and other aquatic resources.

OPERATION OF FACILITIES

22. The landfill was operated by a trenching and area fill method. Benns were constructed on both the western and southern extents of the landfill. Then trenches were dug within the confines of the berms and filled with waste. Then at some future date trenching was cease\! and area filling was employed for the duration of the landfill's operation.

23. The Discharger ceased waste acceptance in the fall of 1987. Waste is currently picked up and hauled to an off-site disposal facility by a ?ontractor.

CLOSURE OF WASTE MANAGEMENT UNITS
· 24. The Discharger's data demonstrate that natural geologic materials between the base of the Class ID landfill unit and ground water have not prevented the impairment of beneficial uses of ground water from the discharge of non-hazardous solid wastes to the landfill unit. Construction of a low permeability barrier layer over the landfill will reduce leachate generation.

25. The site currently has no surface impoundments since th�re are no existing liners or leachate collection systems. The Discharger does not propose to construct surface impoundments for the future disposal ofleachate.

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California Department of Corrections and Rt... dbilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O WASTE DISCHARGE REQTJIRE1v...._,,trs

SIERRA CONSERVATION CENTER
· STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-4-

26. The engineered alternative to the prescribed final cover design consists of the following components, listed from bottom to top:

Foundation Layer
• Existing soil cover (Layer "A"): approximately one foot thick native soil. The vegetation from this layer was clear�d and the layer scarified to facilitate proper bonding with the next layer. • Foundation layer (Layer "B"): one foot thick native or imported soil containing particJes·no greater than half inch.

Barrier Layer
• Geosynthetic Clay Liner (GCL); a 3 to 4 millimeter (120 to 160 mil) sodium bentonite layer encapsulated between two layers of geotextile or fixed onto a high density polyethylene (HDPE) liner. The permeability coefficient of sodium bentonite is approx;imately lxI0-9 cm/sec.

Vegetative Layer
• Lower cover layer (Layer "C"): six inch thick native or imported soil containing particles no greater than half inch.
• Upper vegetative cover (Layer "D") eighteen inch thick native or imported.material containing particles no greater than 4 inches.

LayerD
LayerC
LayerB
Layer A
'I!:

Vegetative
Layer
Geosvnthetic Clav Liner .

New Foundation
Existing Foundation
'"' :-., ,?., �� Refuse l rJj .,,
(•1
•!. 1Q't .. ::.
.... ..

Not To Scale
2 feet
160 mil
1 foot
<=1 foot

27. The lower cover (Layer "C"), which is in direct contact with the GCL barrier layer, will contain particles less than one half inch in diameter to reduce the potential of damage to the GCL. The upper cover (Layer "D") will be the vegetative layer and will protect the GCL from mechanical damage.

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California Department of Corrections and Rehabilitation (CDCR) California R�gional Water Quality Control Board Order No. 96-010 l
WASTE DISCHARGE REQUIREilr.. .... ..!TS

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
-5-
The first 1;2 inches of this layer will be screened to remove particles greater than one half inch in diameter.

28. The surface of Layer "D" will be hydroseeded with Zorro Annual Fescue ( 4 lb/acre), Blando Brome (12 lb/acre), and California Poppy (1 lb/acre).

29. A one-foot overlap was used at seam locations. Overlaps were "shingled" on gently sloping areas, so as to prevent flow into the seam. The GCL will be covered within four hours with the vegetative soil layer (Layer "C").

30. Two soil moisture sensors to monitor the performance of the GCL will be placed above and below the GCL in the vegetative and foundation layers, respectively. The sensors will be connected to a datalogger that will store soil moisture measurements taken on a periodic basis. The solid state soil moisture sensors measure the electric constant of soil which is related to soil moisture content

31. Two permanent surveying monuments are proposed to be constructed. Annual surveying of these monuments will be performed as part of postclosure maintenance to measure landfill settlement.

32. Final contours of the cap will range from a minimum slope of 4% to 5% to reduce the amount of soil used in the cap and facilitate drainage of rainwater from the cap. 3 3. A drainage channel runs adjacent to the western and southern edges of the landfill which conveys runoff from the parking lot near the administration building. The drainage design C!l,ptures run-on along the eastern edge of the landfill by a perimeter drainage channel that will route stormwater around the northern tip of the landfill into the existing drainage channel. Runoff from the southern half of the landfill will flow towards a slope drain which will discharge to the existing drainage channel. The slope drain was armored with riprap to control erosion. The channel, as designed, is triangular and one foot deep with 1.5: 1 (H:V) side slopes, and was shotcrete lined.

34. A construction quality assurance plan for the closure of the landfill was approved as part of the closure and postclosure maintenance plans. Implementation of this plan ensures protection of the quality of surface and ground waters of the ar�a during final operations and during any proposed subsequent use of the land.
3 5. The plans were prepared by or under the supervision of a California registered civil engineer or certified engineering geologist.

36. Postclosure landuse for the facility will be unused open area. The Sierra Conservation Center has no plans to build structures in the immediate vicinity of the landfill. · CERTIFICATION
3 7. A registered civil engineer will certify that closµre of the landfill meets the construction or prescriptive standards and performance goals of Chapter 15, including but not liniited to siting, design of liners, LCRSs, precipitation & drainage controls, covers, caps, and considerations of seismic and flood safety.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 Bid Number C5611173-D
Exhibit E
WASTE DISCHARGE REQUIREM..-,.ffS

SIERRA CONSERVATION CENTER
STA TE OF CALIFORNIA D.EP ARTMENT OF CORRECTIONS

TUOLUMNE COUNTY

CEQA CONSIDERATIONS
I
/ -6-
3 8. The action to provide WDRs for this landfill is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), in accordance with Title 14, CCR, Section 15301 for existing facilities.

OTHER LEGAL REFERENCES

39. This Order implements the water quality objectives of the Water Quality Control Plan for the Sacramento River Basin and the San Joaquin River Basin, Third Edition.

40. The Board has notified the Discharger and interested agencies and persons of its intention to adopt WDRs for this facility.

41. In a public hearing, the Board heard and considered all comments pertaining to this facility and discharge.

IT IS HEREBY ORDERED that the State of California Department of Corrections, and its agents, assigns and successors, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following:

A. PROHIBITION:

1. The discharge of any waste at this facility is prohibited.

2. The discharge of solid or liquid waste or leachat� to surface waters, surface water drainage courses, or ground water is prohibited.

3. The discharge of waste to ponded water from any source, is prohibited.

4. The discharge of waste within 100 feet of surface waters is prohibited.

5. The ponding of any liquid on any landfill module that has received waste is prohibited.

B. DISCHARGE SPECIFICATIONS:

Landfill Closure Specifications
1 . The method used to close the landfill and maintain protection of the quality of surface and ground waters shall comply with waste discharge requirements established by the Board and the final closure and postclosure maintenance plan which has been approved by both the Board andCIWMB.

2. Landfill closure shall be under the direct supervision of a California registered civil engineer or certified engineering geologist.

3. The closed landfill shall be provided with at least two permanent monuments, installed by a licensed land surveyor, from which the location and elevation of all wastes, containment

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O Bid Number C5611173-D
Exhibit E
I
WASTE DISCHARGE REQUIREMi.,1-ITS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
-7-
structures, and monitoring facilities can be determined throughout the post-closure maintenance period.

4. At closure, each landfill module shall receive a final cover which is designed and constructed to function with minimum maintenance and consists, at a minimum, of a two-foot thick foundation layer which may contain waste materials, overlain by a one-foot thick clay liner, and finally by a one-foot thick vegetative soil layer, or an engineered equivalent final cover approved.by the Board pursuant to Subsections 2510(b) and (c) of Chapter 15.

5. Vegetation shall be planted and maintained over each closed landfill unit. Vegetation shall be selected to require a minimum of irrigation and maintenance and shall have a rooting depth not in excess of the vegetative layer thickness.

6. Closed landfill modules shall be graded to at least a three percent grade and maintained to prevent ponding.

7. Areas with slopes greater than ten percent, surface drainage courses, and areas subject to erosion by wind or water shall be designed and constructed to prevent such erosion.

Supervision and Certification of Construction
8 . All containment structures shall be designed and constructed under the direct supervision of a California registered civil engineer or a certified engineering geologist and shall be certified by that individual as meeting the prescriptive standards and performance goals of Chapter 15.

Protection from Storm Events

9. Waste management units shall be designed, constructed, and operated to prevent inundation or washout due to floods with a 100-year return period. Landfill related containment structures shall be constructed and maintained to prevent, to the greatest extent possible, ponding, infiltration, inundation, erosion, slope failure, washout, and overtopping under 100-year, 24-hour precipitation conditions.

10. Surf ace drainage from tributary areas and internal site drainage from surf ace or subsurface sources shall not contact or percolate through wastes.

11. Annually, prior to the anticipated rainy season but no later than 1 November, any necessary erosion control measures shall be implemented, and any necessary construction, maintenance, or repairs of precipitation and drainage control facilities shall be completed to prevent erosion or flooding of the facility and to prevent surface drainage from contacting or percolating through wastes. The Discharger shall submit an annual report to the Regional Board by 1 December describing measures taken to comply with this specification.

C. RECEIVING WATER LIMITATIONS:

Water Quality Protection Standards
The concentrations of Constituents of Concern in waters passing through the Points of Compliance shall not exceed the Concentration Limits established pursuant to Monitoring and Reporting Program No. 96-010.

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California Department of Corrections and Rehabilitation (CDCR) California RegionalWaler Quality Control Board Order No. 96-01 O Bid Number C5611173-D
Exhibit E
• I
WASTE DISGHARGE REQUIREM,.,,,rrs

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
D. FINANCIAL ASSURANCE
-8-
The Discharger shall maintain assurances of financial responsibility for initiating and completing corrective action for all known and reasonably foreseeable releases from the waste management unit.

The Discharger shall also maintain an irrevocable closure fund or other means to ensure adequate closure and postclosure maintenance of the waste management unit.

E. PROVISIONS:

1. The Discharger shall comply with the Standard Provisions and Reporting Requirements, dated September 1993, which are hereby incorporated into this Order. The Standard Provisions and Reporting Requirements contain important provisions and requirements with which the Discharger must comply. A violation of any of the Standard Provisions and Reporting Requirements is a violation of these waste discharge requirements.

2. The Discharger shall maintain a copy of this Order at the site and make it available at all times to postclosure maintenance personnel, who shall be familiar with its contents.

3. The Discharger shall comply with Monitoring and.Reporting Program No. 96-010, which is attached to and made part of this Order. A violation of Monitoring and Reporting Program No. 96-010 is a violation of these waste discharge requirements.

4. The Discharger shall maintain waste containment facilities and precipitation and drainage controls, and shall continue to monitor ground water, the unsaturated zone, and surface waters per Monitoring and Reporting Program No. 96.:.010 throughout the postclosure maintenance period.

5. The postclosure maintenance period shall continue until the Board determines that remaining wastes in waste management unit will not threaten water quality.

6. In re!!ponse to the ground water release described in Finding No. 13, the Discharger shall provide a report by 30 January 1997 containing an evaluation of the effectiveness of the corrective action measure of capping the landfill and recommend further mitigation measures, if applicable.

7. Within sixty days after completing final closure, the Discharger shall provide proof of compliance to the Board that the deed to the landfill facility property, or some other instrument that is normally examined during title search, has been modified to include, in perpetuity, a notation to any potential purchaser of the property stating that:
a. the parcel has been used as an MSWLF;
b. land use options for the parcel are restricted in accordance with the postclosure land uses set forth in the postclosure plan and in WDRs for the landfill; and c. in the event that the Discharger defaults on carrying out either the post-closure maintenance plan or any corrective action needed to address a release, then the responsibility for carrying out such work falls to the property owner.

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California Department of Corrections and Rehabilitation (COCR) Bid Number C5611173-D
Exhibit E
,
. California Regional Water Quality Control Board O:�er No. 96-01 O ' )
WASTE DISCHARGE REQUIRE!VL:;1-ITS

SIERRA CONSERVATION CENTER
·STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
TUOLU1\.1NE COUNTY
-9-

8. The Discharger shall notify the Board within 24 hours of any flooding, slope failure, or other change in site conditions which could impair the integrity of waste facilities or of precipitation and drainage control structures.

9. The owner of the facility shall have the continuing responsibility to assure protection of usable waters from discharge wastes and from gases and k:achate generated by discharged waste during the active life, closure, and postclosure maintenance period of the facility and during subsequent use of the property for other purposes.

10. The Discharger shall complete the tasks outlined in these WDRs and the attached Monitoring and Reporting Program No. 96-010 in accordance with the following time schedule:
. a.
b.

Task Compliance Date
Submit as-builts describing the construction
details verifying compliance with the approved
final closure and postclosure maintenance plans,
including the CQA plan.

Submit concentration limits of constituents
of concern under Monitoring and Reporting
Program No. 96-010 as part of the annual
report. Furthermore, submit an evaluation of
the effectiveness of the corrective action measure
of capping the landfill and recommend further
mitigation measures, if applicable.
29 February 1996
30 January 1997

11. The Discharger shall comply with all applicable provisions of 23 CCR, Chapter IS, that are not specifically referre� to in this Order.

F. REPORTING REQUIREMENTS:

1. The Discharger shall comply with the reporting requirements specified in this Order, in Monitoring and Reporting Program Order No. 96-010, and in the Standard Provisions and Reporting Requirements.

2. The Discharger shall notify the Board in writing of any proposed change in ownership or responsibility for construction or operation of the WMUs. The Discharger shall also notify the Board of a material change in the character, location, or volume of the waste discharge and of any proposed expansions or closure plans. This notification shall be given 90 days prior to the effective date of the change and shall be accompanied by an amended Report of Waste Discharge and any technical documents that are needed to demonstrate continued compliance with these WDRs.

3. In the event of any change in ownership of this waste management facility, the Discharger shall notify the succeeding owner or operator in writing of the existence of this Order. A copy of that notification shall be sent to the Board.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 WASTE DISCHARGE REQUIREhli.;1'lTS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
4 . The Discharger shall submit a status report regarding the financial assurances for corrective action and postclosure maintenance every five years after the date of adoption of these requirements that either validates the ongoing viability of the financial instrument or proposes and substantiates any needed changes.

5. The Board will review this Order periodically and will revise these requirements when necessary.

I, WILLIAM H. CROOKS. Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the California Region Water Quality Control Board, Central Valley Region, on 26 January 1996.
°lb� p� .
fttv WILLIAM H. CROOKS, Executive Officer
KAS:kas/lsb

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California Department of Corrections and Rehabilitation (CDCR) Bid Number C5611173-D
Exhibit E
f - California Regional Water Quality Control Board Order No. 96-010

CALIFORNIA REGIONAL WAIBR QUALITY CONTROL BOARD

CENTRAL VAILEYREGION
MONITORING AND REPORTING PROGRAM NO. 96-010
FOR

CLOSURE OF SJERRA CONSERVATION CENTER

STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS
CLASS ill LANDFII.L

TUOLUMNE COUNTY
The Discharger shall maintain a water quality monitoring system that is appropriate for detection monitoring and corrective action that complies with the provisions of Title 23, California Code of Regulations (CCR), Division 3, Chapter 15, Article 5.

Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the concentrations of major mineral species. Trichlorofluoromethane (1.0 µg/1) was detected in MW-3. Closure and capping of the landfill serves as a corrective action under Article 5 of Chapter 15.

Compliance with this Monitoring and Reporting Program, and with the companion Standard Provisions and Reporting Requirements, is ordered by Waste Discharge Requirements Order No. 96-010. Failure to comply with this Program, or with the Standard Provisions and Reporting Requirements, constitutes noncompliance with the \VDRs and with the Water Code, which can result in the imposition of civil monetary liability.

A. REPORTING
The Discharger shall report monitoring data and information as required in this Monitoring and Reporting Program and as required in the Standard Provisions and Reporting Requirements. Reports which do not comply with the required fonnat will be REJECTED and the Discharger shall be deemed to be in noncompliance with the WDRs, In reporting the monitoring data required by this program, the Discharger shall arrange the data in tabular form so that the date, the constituents, the concentrations, and the units are readily discernible. The data shall be summarized in such a manner so as to illustrate clearly the compliance with waste discharge requirements or the lack thereof. A short discussion of the monitoring results, including notations of any water quality violations, shall precede the tabular summaries.

Field and laboratory tests shall be reported in the semi-annual monitoring reports. Semi-annual monitoring reports shall be submitted to the Board by the 15th day of the month following the calendar semiannual event in which the samples were taken. The results of any monitoring done more frequently than required at the locations specified herein shall be reported to the Board. An annual report shall be submitted to the Board by 31 January which contains both tabular and graphical summaries of the monitoring data obtained during the previous twelve months, so as to show historical trends at each well.

Method detection limits and practical quantitation limits shall be reported. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.

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California Department of Corrections and Rehabilitation (CDCR) I
--California Regional Water Quality Control Board Order No. 96-010 I
I ,�
MONITORING AND REPORTING l'RDGRAM

SIERRA CONSERVATION CENTER

STA TE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
B. REQUIRED MONITORING REPORTS

1. Water Quality Protection Standard Report
Bid Number C5611173-D
Exhibit E
-2-
The Discharger shall submit a water quality protection standard report by 30 January 1997 as part of the annual monitoring report. Any changes to the water quality protection standard shall be described in annual monitoring reports,
2 . Detection Monitoring Report and Corrective Action Report The Discharger shall submit reports of the results of detection monitoring and corrective action in accordance with the schedules specified in this Monitoring and Reporting Program 96-010. 3 • Annual Monitoring Summary Report
The Discharger shall submit the Annual Monitoring Summary Report as specified in the Standard Provisions and Reporting Requirements.

4. ConstituentN>f-Concern (COC) 5 Year Report
In the absence of a new release being indicated, the Discharger shall monitor all Constituents of Concern for all Monitoring Points for each monitored medium for all COCs every fifth year, beginning with calendar year 1996 (the first Reporting Period ends 31 March 1997) with subsequent COC monitoring efforts being carried out every fifth year thereafter alternately in the Summer (Reporting period ends 30 September) and Winter (Reporting Period ends 31 March). The COC Report may be combined with a Detection Monitoring Report or an Annual Summary Report having a Reporting Period that ends at the saine time.

C. MONITORING
(
If the Discharger, through a detection monitoring program, or the Board finds that' there is a statistically significant increase in indicator parameters or waste constituents over the water quality protection standards (established pursuant to Monitoring and Reporting Program No. 96-010) at or beyond the Points of Compliance, the Discharger shall notify the Board or acknowledge the Board's finding in writing within seven days, and shall immediately resample for the constituent(s) or parameter(s) at the point where the standard was exceeded. Within 90 days, the Discharger shall submit to the Board the results of the resampling and either:
a. a report demonstrating that the water quality protection standard was not, in fact, exceeded; or b. an amended Report of Waste Discharge for the establishment of a verification monitoring program, per Section 2557 of Chapter 15, which is designed to verify that water quality protection standards have been exceeded and to determine the horizontal and vertical extent of pollution.

If the Discharger, through an evaluation monitoring program, or the Board verifies that water quality protection standards have been exceeded at or beyond the Points of Compliance, the Discharger shall notify the Board or acknowledge the Board's finding in writing within seven days. Within 180 days, the Discharger shall submit to the Board an amended Report of Waste Discharge for the establishment of a con:e�tive action program, per Section 2558 of Chapter 15, which is designed to achieve compliance with the water quality protection standards.

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California Department of Corrections and Rehabilitation (CDCR) -California Regional Water Quality Control Board Order No. 96-010 MONITORING AND REPORTING .t'ROGRAM

SIERRA CONSERVATION CEN'IER
STATE OF CALlFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Standard Observations
Bid Number C5611173-D
Exhibit E
-3-
Each monitoring report shall include a summary and certification of completion of all Standard Observations for the waste management unit, for the perimeter of the WMU, and for the receiving waters.

The standard observations shall be performed on a weekly basis and shall include those elements as defined in the Standard Provisions and Reporting Requirements.

C. REQUIRED 1\10NITORING PROGRAMS
1 . Leachate Monitoring
The landfill does not have a leachate collection and removal system (LCRS). If leachate surfaces, the discharger shall immediately sample the leachate for the following parameters: Flow rate, specific conductance, pH, chloride, sulfate, total dissolved solids, alkalinity, nitrate-nitrogen, sulfides, and volatile organic compounds. The results of the analysis must be submitted to the Board.

Daylighting of any leachate must be reported to the Board within seven days. 2 . Detection and Corrective Action Monitoring Program
For each m�mitored medium, all Monitoring Points assigned to detection monitoring shall be monitored once each semi-annually for the Monitoring Parameters listed in this Program, unless otherwise specified. The Discharger shall report, in writing, to the Regional Board on the effectiveness of the corrective action program. The Discharger shall submit these reports at least semi-annually.

For any given monitored medium, a sufficient number of samples shall be taken from all Monitoring Points to satisfy the data analysis requirements for a given Reporting Period, and shall be taken in a manner that ensures sample independence to the greatest extent feasible.

Ground water sampling shall also include an accurate determination of the ground water surface elevation and field parameters (pH, temperature, electrical conductivity, turbidity) for that Monitoring Point. Ground water elevations taken prior to purging the well and sampling for Monitoring Parameters shall be used to fulfill the ground water gradient/direction analyses required. For each monitored ground water body, the Discharger shall measure the water level in each well and determine ground water gradient and direction at least semi-annually, including the times of expected highest and lowest elevations of the water level for the respective ground water body. Ground water elevati(?ns for all downgradient wells for a given ground water body shall be measured within a period of time short enough to avoid temporal variations in ground water flow which could preclude accurate detennination of ground water gradient and direction. This information shall be included in the annual monitoring reports.

Statistical or non-statistical analysis shall be performed as soon as the monitoring data are available. 2 . Ground Water Monitoring
Field and laboratory tests shall be reported in the semi-annual monitoring reports. All Monitoring - Parameters shall be graphed so as to show historical trends at each well.

The ground water surface elevation (in feet and hundredths, M.S.L) in all wells shall be measured on a semi-annual basis and used to determine the depth of ground water. Since there are two downgradient monitoring wells and no background wells updgradient, it is not possible to calculate

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 MONITORING AND REPORTING rROGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY
. J
Bid Number C5611173-D
Exhibit E
-4-
velocity of ground water flow. However, the Discharger is required to interpolate from these two wells the general direction of flow based on the topography of the site. This information shall be displayed on a water table contour map and/or ground water flow net for the site and submitted with the annual monitoring reports.

The detection monitoring network shall consist ofMW-2 and MW-3. These wells are installed in the shallow, perched ground water aquifer immediately downgradient of the landfill. The Discharger has attempted to establish an up-gradient monitoring well in the same aquifer to serve as a background monitoring point, but was unable due to the shallow depth to bedrock. Since there is no background for either ground water or the unsaturated zone, Water Quality Protection Standards (WQPS) cannot be set at background. The monitoring results from MW-2 and MW-3 shall set WQPS. Locations of these wells are shown on Attachment C. Samples shall be yollected from the wells at the frequency and for the parameters specified in Table 1- Ground Water and Corrective Action Monitoring Program.

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California Department of Corrections and Rehabilitation {COCR) California Regional Water Quality Control Board Order No. 96-01 O MONITORING AND REPORTJNG r-i.OGRAM

SIBRRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-5-
TABLE 1 - GROUND WATER AND CORRECTIVE ACTION MONITORING PROGRAM Parameter
Field Parameters
Temperature
Ground Water Elevation
Specific Conductance !
pHl
Turbidityl
Monitoring Parameters
Total Dissolved Solids (TDS)l
Total Organic Carbon (TOC)l
Chemical Oxygen Demand (COD)l
Ironl
Chloridel
Sodium!
Sulfatel
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Alkalinityl
Bicarbonate 1
Calciuml
Carbonatel
Magnesiuml
Manganesel
Nitrate-nitrogen 1
Potassiuml
Zinc l
Semi-Volatile Organic Compc:mnds
(EPA Method 8270}
Units
·c
Ft. & hundredths, MSL
µmhos/cm
number
Turbidity units
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/1
Frequency
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
5 years
All wells shall be monitored quarterly until four quarters of data have been collected in order to determine concentration limits.
3 • Surface Water Monitoring
Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area, as shown on Attachment C. Sample point S 1 is located upstream from any influence from the landfill and point S3 is further downs�arn and beyond the limits of the landfill area.

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California Department of Corrections and Rehabilitation (CDCR) California R
_
egional Water Quality Control Board Order No. 96-010
)
MONITORIN"G AND REPORTING r.tWGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-6-
Swface water samples shall be sampled at locations where stonn water runoff leaves the facility during the first storm of the rainy season which produces significant flow and annually (winter) when water is present. Samples shall be collected from all stations and analyzed as specified in Table 2.

Swface water monitoring reports may be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on su.rlace water quality. The samples shall be collected at the frequencies and analyzed for the parameters listed in Table 2- Surface Water Monitoring Program.

TABLE 2 - SURFACE WATER MONITORING PROGRAM
Parameter
Field Parameters
Temperature
Specific Conductance
pH
Turbidity
Dissolved Oxygen
Monitoring Parameters
Total Suspended Solids (TSS)
Total Dissolved Solids (IDS)
Oil and Grease
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Bicarbonate
Alkalinity
Carbonate
Nitrate-Nitrogen
Sulfate
Calcium
Chloride
Iron
Magnesium
Manganese
Potassium
Sodium
Chemical Oxygen Demand (COD)
Total Organic Carbon (TOC)
Units
oc
µmhos/cm
number
Turbidity units
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L

Frequency
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
S years
S years
5 years
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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No, 96-010 ,,- ·.

I
MONITORING AND REPORTING l'ROGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY

4. Unsaturated Zone Monitoring
Bid Number C5611173-D
Exhibit E
-7-
Sampling of the unsaturated zone is accomplished by means of a lysimeter (L Y-1) in the central portion of the landfill as, shown on Attachment C. The lysimeter was installed at a depth of approximately six feet. Soil-pore liquid samples shall be analyzed at the frequency and for the monitoring parameters specified in Table 3. Unsaturated Zone Monitoring Program.

Unsaturated zone monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the unsaturated zone. The samples shall be collected at the frequencies and analyzed for the parameters listed in Table 3 - Unsaturated Zone Monitoring Program.

TABLE 2 - UNSATURATED ZONE MONITORING PROGRAM
Parameter
Field Parameters
Specific Conductance
pH
Monitoring Parameters
Total Dissolved Solids (TDS)
Total Organic Carbon (TOC)
Chemical Oxygen Demand (COD)
Chloride
Iron
Sodium
Sulfate
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Alkalinity
Bicarbonate
Calcium
Carbonate
Magnesium
Manganese
Nitrate-Nitrogen
Potassium
Zinc
Semi-Volatile Organic Compounds
(EPA Method 8270)
Units
µmhos/cm
number
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/1

Freguency
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No, 96-010 MONITORING AND REP.ORTING t'KOGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPARTMENT .OF CORRECTIONS

TUOLUMNE COUNTY
5 . Soil Moisture
_)
Bid Number C5611173-D
Exhibit E
-8-
Soil moisture readings shall be collected from the two soil moisture sensors above and below the GCL as shown on Attachment C. The readings shall be sorted in a datalogger for later retrieval.

Soil moisture monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the amount of moisture penetrating the GCL. The results shall verify the perf onnance goals of the engineered alternative cap to meet the prescriptive standards specified in Chapter 15.

D. WATER QUALITY PROTECTION STANDARD·
The -Water Quality Protection Standard (Standard) shall consist of the following elements:
1 . Constituents of Concern
The 'COC list' (list of Constituents of Concern required under 23 CCR 2550.3) shall include all parameters and constituents listed in Tables 1, 2, and 3 listed above. The Discharger shall monitor all COCs every five years, or more frequently as required.
2 . Concentration Limits
The Concentration Limit for any given Constituent of Concern or Monitoring Parameter in a given monitored medium (i.e., the uppermost aquifer) at a landfill shall be as follows, and shall be used as the basis of comparison with data from the Monitoring Points in that monitored medium:

Concentration limits for synthetic constituents in ground water samples shall be set at the analytical detection limits. Concentration limits for metals and general water quality parameters shall be determined after data has been collected from the completion of four quarterly monitoring events for monitoring well MW-2 and M.W-3. Once these limits are established the monitoring reports shall. be required to be submitted semi-annually.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 r. )
MONITORING AND REPORTING l"ROGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
TABLE 4 - IDSTORICAL GROUND WATER CONCENTRATIONS
Constituent Units MW-2 MW-3
Specific Conductance (EC) µmhos/cm
pH number
Total Dissolved Solids (IDS) mg/L 578-882 929-1485
Alkalinity, bicarbonate mg/L
Carbonate mg/L
Chloride mg/L 43.9-103 195-690
Nitrate mg/L
Sulfate mg/L
Nitrate-nitrogen mg/L
Total Organic Carbon (TOC) mg/L
Chemical Oxygen Demand (COD) mg/L
Arsenic, dissolved mg/L
Barium, dissolved mg/L
Berylium, dissolved mg/L
Calcium, dissolved mg/L --
Cadmium, dissolved mg/L
Chromium, dissolved mg/L
Cobalt, dissolved mg/L
Copper, dissolved mg/L.

Iron, dissolved mg/L
Magnesium, dissolved mg/L·
Manganese, dissolved mg/L
Potassium, dissolved mg/L
Lead, dissolved mg/L
Mercury, dissolved mg/L
Molybdenum, dissolved mg/L
Nickel, dissolved mg/L
Selenium, dissolved mg/L
Silver, dissolved mg/L
Sodium, dissolved mg/L
Zinc, dissolved rng/L
Volatile Organic Compounds µg/1 Detect* Detect*
(EPA Method 8260 & 8270)
-- Concentration limits to be determined after four quarters of data are available. * Detection limits shall be 0.1 µg/L or less.
3 . Monitoring Points
Bid Number C5611173-D
Exhibit E
The ground water monitoring and surface water monitoring points for detection monitoring shall be MW-2 and MW-3, and S1 and S3, respectively.

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California Department of Corrections and Rehau,11tation (CDCR) California Regional Water Quality Control Board Order No. 96-01 0 MONITORING AND REPORTING dOGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
4 . Points of Compliance
Bid Number C5611173-D
Exhibit E
-10-
The points of compliance for ground water are monitoring wells MW-2 and MW-3. The point of C(?mpliance for surface water monitoring shall be the sutf ace drainage point downstream of the landfill at S3.
5 . Compliance Period
The Compliance Period is the number of years equal to the active life of the waste management plus the closure period. Each time the Water Quality Protection Standard is exceeded (i.e., a release is discovered), the landfill begins a Compliance Period on the date the Board directs the Discharger to begin an Evaluation Monitoring Program. If the Discharger's Corrective Action Program (CAP) has not achieved compliance with the Standard by the scheduled end of the Compliance Period, the Compliance Period is automatically extended until the landfill has been in continuous compliance for at least three consecutive years.

The Discharger shall implement the above monitoring program on the effective date of this Order. . r
Ordered by Yi� R p� _ � WITLIAM H. CROOKS, Executive Officer 26 January 1996
(Date)
KAS:kas/lsb

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Ground Zero Analysis, Inc.

California Department of Corrections and Rehabilitation (CDCR) 1 - ·California Regional Water Quality Control Board Order No. 96-010

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Bid Number C5611173-D
Exhibit E

ATTACHMENT A

SITE LOCATION MAP
S1ERRA CONSERVATION CENTER

TUOLUMNE COUNTY, CALJFORNIA
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STATi:AUTOM0BlUASSOCIATI0N
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California Department of Corrections and Rehabilitation (CDCR) !
California Regional Water Quality Control Board Order No. 96-010 N
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Bid Number C5611173-D
Exhibit E

ATTACHMENT B
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SITE MAP

SIERRA CONSERVATION CENTER

TUOLUMNE COUNTY, CALIFORNIA
APPROXIMATE SCALE: 1" ,.400•
0 400 800
200 Scale in Feet
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California Department of Corrections and Rehabilitation (CDCR) r California Regional Water Quality Control Board Ord�r No. 96-010 � MW-2
Rip-Rap

NOTTO SCALE
Bid Number C5611173-D
Exhibit E
_,,
-· ATTACHMENT C
LEGEND
0- Groundwater Monitoring Well Location
• Gas Probe Location
0 . Soil Moisture Sensor Location
(1 above & 1 below GCL)
® Lysimeter Location
A Surface Water Sampling Point
·-·········· Approximate Extent of Landfill Cap
c:;::;::::;J Drainage Channel
f:•':•:+:•:-:-:-:-3 Shotcrete-Uned Drainage Channel
.PGP-1
2'x2'
Concrete
Box

SIERRA CONSERVATION CENTER LANDFILL

MONITORING POINTS

03S1A
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California Department of Corrections ancl Rehabilitation (CDCR) , California Regional Water Quality Control Board Order No. 96-010

INFORMATION SHEET

CLOSURE OF SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA-DEPAR1MENT OF CORRECTIONS
CLASS ill LANDFILL

TIJOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
The Sierra Conservation Center Landfill is a closed Class m landfill. Toe landfill is part of a prison complex owned by the State of California and operated by the Department of Corrections. Land filling activities started approximately 25 years ago in a gully in the southwest comer of the prison complex. Land filling was discontinued in the Fall of 1987 at which time approximately a one foot thick layer of soil was spread over the disposal site.

The 29,400 square foot (0.7 acre) landfill has an average depth of 8 feet. The total volume of waste disposed at the site is estimated to be approximately 11,000 cubic yards. Based on borings drilled . shirts,
through the waste, the landfill consisted of bits of metal, plastic, household items (mattress, shoes, cutlery), wood, and ash. One D-cell battery was found. No aerosol cans, paint cans, cleaning fluid containers, or other objects that could be a source of hazardous constituents were observed.

Borings through the landfill show that ground water did not appear to be in direct contact with the waste, but it did appear to be perched in the alluvium or weathered zone bedrock. Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the. concentrations of major mineral species. Trichlorofluoromethane ( 1.0 µg/1) was detected in J\.1vV-3. There are no beneficial uses of the local perched ground water zone.

The beneficial uses of ground water are domestic, agricultural and industrial supply. The beneficial uses of surface waters of the Stanislaus River are domestic, agricultural, and industrial supply; ground water recharge; power generation; recreation; aesthetic enjoyment; navigation; fresh water replenishment; and preservation and enhancement of fish, wildlife and other aquatic resources.

The closure cap for the Sierra Conservation Center was approved in the closure and postclosure maintenance plans as an engineered alternative in accordance with Subsections 2510(b) and (c) of Chapter 15. The Discharger demonstrated that the engineered alternative is feasible and consistent with the perfonnance goal and affords equivalent protection against water quality impairment; that the prescriptive standard is unreasonable and unnecessarily burdensome and will cost substantially more.

Several issues were considered in the decision process in determining the feasibility of SCC's application. They included: (1) the type of waste disposed at the site (predominantly dry), minimal),
(2) age and size of the landfill (majority of settlement has occurred, any future settlement would be (3) lack of borrow source clay (low permeability) material on-site, (4) the expense of transporting imported clay (cost effectiveness), and (5) the remoteness of the facility.

Final closure activities occurred :in the fall of 1994. Construction of the capping of the landfill with an impermeable barrier constitutes corrective action _measures to mitigate the infiltration of water to prevent the generation of leachate in the landfill.

KAS:kas/lsb

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California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. For purposes of this Policy, the word “staff” includes volunteers and private contractors.

Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect, and respond to sexual violence, staff sexual misconduct, and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.

CDCR Policy
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender and staff sexual harassment towards an offender.

CDCR’s policy provides for the following:
• CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. • This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole.

Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shallresult in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishments.
• Any other activities intended to discourage or prevent staff or offenders from reporting incident(s).

Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect. • Speaking without judging, blaming, or being demeaning. • Listening to others with an objective ear and trying to understand their point of view. • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color"humor. • Taking responsibility for your own behavior.
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California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor.

The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times.
• Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator.
• Never advise an offender to use force to repel sexual advances.

Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially, to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation.

You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision; 3) Use the restroom facilities; and 4) Consume any liquids.

I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

Volunteer/Contractor Name (Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part B PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.

Duty to Report
You are required to answer the following questions:
1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?
Yes No If yes, provide the date of the incident and the facility name in the space below. 2) Have you ever been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse?
Yes No If yes, provide the date of the incident and the county in the spacebelow. 3) Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?
Yes No If yes, provide the date of the incident and the county in the space below. 4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution? Yes No If yes, provide the date of the incident and the facility name in the space below.

If you answered “Yes” to any of the questions, please provide the date of the incident and the facility name/county where it occurred:

As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.

I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct. I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.

Signature: Date
Printed
Date:

Facility/County Name:
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Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Service Technician Reference

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE

AND REPAIR SERVICES
Contractor Name:

Address: Phone/Fax: Email
List three (3) references for each service technician providing services similar to the services described. Attach additional sheets if necessary. The State reserves the right to verify all references provided by the Contractor.

Failure to complete and return this information may cause your bid to be rejected.

SERVICE TECHNICIAN NAME:

REFERENCE 1
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
REFERENCE 2
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
REFERENCE 3
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
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Contractor Certification Clause
CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES
STATEMENT OF COMPLIANCE:

Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
DRUG-FREE WORKPLACE REQUIREMENTS:

Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b) Establish a Drug-Free Awareness Program to inform employees about:

1. the dangers of drug abuse in the workplace;

2. the person's or organization's policy of maintaining a drug-free workplace;

3. any available counseling, rehabilitation and employee assistance programs; and,
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4. penalties that may be imposed upon employees for drug abuse violations. c) Provide that every employee who works on the proposed Agreement will:

1. receive a copy of the company's drug-free policy statement; and,

2. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
NATIONAL LABOR RELATIONS BOARD CERTIFICATION:

Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.)
CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT:

Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

EXPATRIATE CORPORATIONS:

Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in #4..
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whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

DOMESTIC PARTNERS:

For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

GENDER IDENTITY:

For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

CONFLICT OF INTEREST:

Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
a) Current State Employees (PCC 10410):

1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives
compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
b) Former State Employees (PCC 10411):

1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- #4..
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making process relevant to the contract while employed in any capacity by any state agency.

2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) LABOR CODE/WORKERS' COMPENSATION:

Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
AMERICANS WITH DISABILITIES ACT:

Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
CONTRACTOR NAME CHANGE:

An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a) When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b) "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good #4..
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standing by calling the Office of the Secretary of State.

RESOLUTION:

A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all contractors that are not another state agency or other government entity.
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) SINGLE MEMBER LLC Disregarded Entity owned by an individual MEDICAL (e.g., dentistry, chiropractic, etc.)

PARTNERSHIP

ESTATE OR TRUST
LEGAL (e.g., attorney services)
EXEMPT (e.g., nonprofit)

ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.

For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.

CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.

No services performed in California
Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).

Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.

Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.

Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.

Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships Limited Liability Partnerships (LLP) and, LLC treated as a Partnership Partnerships Estate Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.

A partnership is considered a resident partnership if it has a permanent place of business in California.

An estate is a resident if the decedent was a California resident at time of death.

A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form. #4..
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 555 (02/11)
Non-Small Business Preference Request and Subcontractor Acknowledgement Name of Bidding Firm / Prime Contractor CDCR IFB or RFP Number:

Total Dollar Value of Subcontractor Use CDCR Bid Number:

This document confirms and acknowledges that the firm named below agreed to be identified by a bidding firm as a proposed small business or microbusiness (SB/MB) subcontractor or supplier for a CDCR agreement.

Subcontractor acknowledgements:

A. The subcontracting firm named herein has committed to perform or provide services/labor or supplies equal to a percentage of the total bid/cost proposal price submitted by the bidding firm named above.

B. The subcontracting firm named herein acknowledges the total dollar value of claimed participation identified above.

C. The subcontracting firm named herein agrees to provide the following subcontracted services/labor or supplies under the resulting contract if the bidding firm named above receives the contract award:

Provide a brief description in the box below of the commercially useful function(s) that the subcontractor/supplier identified herein will provide or supply. Attach additional page(s) if necessary.

The subcontracting firm named herein understands it is its sole responsibility to contact the bidding firm named above to learn if the Proposer was awarded the contract pursuant to the referenced bid number and to confirm its subcontract agreement. If the bidding firm named above receives an award based in part on non-small business subcontractor preference, the bidding firm/contractor is obligated to use each SB/MB subcontractor or supplier identified in its proposal unless a subcontractor substitution is requested after contract execution pursuant to Public Contract Code Section 4107 and Title 2 California Code of Regulations Section 1896.10.

The person signing below certifies the information supplied on this form is true and accurate to the best of their knowledge and agrees to allow the State to confirm this information, if deemed necessary.

Net Dollar Value of SB/MB
Subcontractor Agreement:

Total SB/MB
Percentage:

SB/MB Certification #:

SB/MB Certification
Expiration Date:

Name of Proposed Subcontractor/Supplier:

Date Signed:

Street Address:

City:

State:

Zip Code:

Telephone Number:
( )
SB/MB E-mail Address (if applicable):

SB/MB Federal Employer ID (FEIN) #:

Printed/Typed Name:

Title:

Signature of Subcontractor/Supplier Representative:

For State Use Only
Information Verified by:

Date:
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 1500 (06/11)

DARFUR CONTRACTING ACT
Bid Number: C5611173-D
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company, or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

Select only one of the following options:

OPTION #1 – NO ACTIVITIES OUTSIDE THE US
If your company has not, within the previous three years, had any business activities or other operations outside of the United States, print your company name, date and signature below:

Company/Vendor Name (Printed) Date
By (Authorized Signature)
OPTION #2 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State Of:

OPTION #3 – WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code Section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code Section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 1510 (01/17)

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

COMPANIES AFFORDING COVERAGE COMPANY

LETTER A

COMPANY

LETTER B
INSURED: COMPANY

LETTER C

COMPANY

LETTER D

COMPANY

LETTER E COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTHWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR TYPE OF INSURANCE POLICY NUMBER POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY) LIMITS

GENERAL LIABILITY GENERAL

AGGREGATE
$

COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP
AGG.
$
CLAIMS MADE OCCUR. PERSONAL & ADV.

INJURIES
$
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $
FIRE DAMAGE (Any
One person)
$
MED. EXPENSE (Any
One person)
$
AUTOMOBILE LIABILITY COMBINED SINGLE $

ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per Person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per Person)
GARAGE LIABILITY PROPERTY DAMAGE $

EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $

OTHER THAN UMBRELLA FORM

WORKER'S COMPENSATION STATUTORY LIMITS
AND EACH ACCIDENT $

EMPLOYERS' LIABILITY DISEASE-POLICY
LIMIT $

DISEASE-EACH
EMPLOYEE $
OTHER

DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/SPECIAL ITEMS Re: All operations The State of California, its officers, agents, employees and servants are hereby named as additional insured but only with respect to work performed for the State of California.

CERTIFICATE HOLDER CANCELLATION
State of California
C/O Denise M. Pulido
Department of Corrections and Rehabilitation
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _30_____ DAYS WRITTEN NOTICE TO

THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
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ATTACHMENT ___
Solicitation Number _____

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS
(09/03//09)
Please read the instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document) and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:
5% or Over 5%
4% to 4.99% inclusive 4%
3% to 3.99% inclusive 3%
2% to 2.99% inclusive 2%
1% to 1.99% inclusive 1%
As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.
(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document).

Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. #4..
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ATTACHMENT ___
Solicitation Number _____

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to qualify for a DVBE incentive(s). The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS:

Awarding Department: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.eprocure.dgs.ca.gov To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at:
www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected].

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions.

Remember to verify each firm’s status as a California certified DVBE.

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf). #4..
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ATTACHMENT ___
Solicitation Number _____

RESOURCES AND INFORMATION
For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:
http://www.pd.dgs.ca.gov/smbus/advocate.htm.

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:
• DVBE Trade Paper Listing (New 02/09) (pdf)
• DVBE Focus Paper Listing (New 02/09) (pdf)
U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov/.

FOR:

Service-Disabled Veteran-owned businesses
in California (Remember to verify each DVBE’s
California certification.)
Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select:

DVBE Local Contacts (New 02/09) (pdf)
FOR:

List of potential DVBE subcontractors
DGS-PD EProcurement
Website: www.eprocure.dgs.ca.gov
Phone: (916)375-2000
Email: [email protected]
FOR:
• SB/DVBE Search
• CSCR Ads
• Click on Training tab to Access
eProcurement Training Modules including:

Small Business (SB)/DVBE Search
DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus
OSDS Receptionist, 8 am-5 pm: (916) 375-4940
PD Receptionist, 8 am-5 pm: (800) 559-5529
Fax: (916) 375-4950
Email: [email protected]
FOR:
• Directory of California-Certified DVBEs
• Certification Applications
• Certification Information
• Certification Status, Concerns
• General DVBE Program Info.
• DVBE Business Utilization Plan
• Small Business/DVBE Advocates
Commercially Useful Function Definition
California Code of Regulations, Title 2, § 1896.61(l):

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:
ƒ Is responsible for the execution of a distinct element of the work of the contract. ƒ Carries out the obligation by actually performing, managing, or supervising the work involved. ƒ Performs work that is normal for its business services and functions. ƒ Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.
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BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):
a. Identify current California certification(s) (MB, SB, NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2) b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___ (2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Subcontractor Address CA Certification (MB, SB, Work performed or goods provided Corresponding Good 51% Phone Number & Fax Number & Email Address NVSA, DVBE or None) for this contract % of bid price Standing? Rental? Solicitation Number_____________________
Certification: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09)
Page_____ of _____
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BIDDER DECLARATION Instructions
All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:
• Microbusiness (MB)
• Small Business (SB)
• Nonprofit Veteran Service Agency(NVSA)
• Disabled Veteran BusinessEnterprise(DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE. (1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.
(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly.

2. (continued) Column Labels
Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:
• Possessesvalidlicense(s) foranylicense(s)orpermits requiredbythesolicitation orbylaw • If acorporation,thecompanyisqualifiedtodobusiness in CaliforniaanddesignatedbytheState of California Secretary of State to be in good standing • PossessesvalidStateofCaliforniacertification(s) if claiming MB,SB,NVSA,and/or DVBEstatus 51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:
• Subcontractor is NOTa DVBE(regardlessof whetheror not rentalequipment isprovidedbythe subcontractor) or
• Subcontractor is NOTprovidingrentalequipment (regardlessof whetheror not subcontractor isa DVBE)
Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractordoes NOTown at least51%of therentalequipment (quantityandvalue) it willbeproviding.

Read the certification at the bottom of the page and complete the “Page ___ of ___” accordingly.

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions
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STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS
(Rev. /20 )
Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

SECTION 1
Name of certified DVBE: DVBE Ref. Number:

Description (materials/supplies/services/equipment proposed):

Solicitation/Contract Number: SCPRS Ref. Number:__________________________ (FOR STATE USE ONLY)
SECTION 2
APPLIES TO ALL DVBEs. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also, complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for the principal(s) listed below or on an attached sheet(s). (Pursuant to Military and Veterans Code 999.2 (e), State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent DVBE participation goal.) All DV owners and managers of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Owner/Manager) (Signature of DV Owner/ Manager) (Date Signed) (Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed) Firm/Principal for whom the DVBE is acting as a broker or age nt:
(If more than one firm, list on extra sheets.) (Print or Type Name) Firm/Principal Phone: Address:

SECTION 3
APPLIES TO ALL DVBEs THAT RENT EQUIPMENT AND DECLARE THE DVBE IS NOT A BROKER.

Pursuant to Military and Veterans Code Section 999.2 (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or a DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Military and Veterans Code Section 999 et. seq.

The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented for use in the contract identified above. I (we), the DV owners of the equipment, have submitted to the administering agency my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Military and Veterans Code 999.2, subsections (c) and (g). Failure by the disabled veteran equipment owner(s) to submit their personal federal tax return(s) to the administering agency as defined in Military and Veterans Code 999.2, subsections (c) and (g), will result in the DVBE being deemed an equipment broker.

Disabled Veteran Owner(s) of the DVBE (attach additional pages with signature blocks for each person to sign):
(Printed Name) (Signature) (Date Signed)
(Address of Owner) (Telephone) (Tax Identification Number of Owner) Disabled Veteran Manager(s) of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Manager) (Signature of DV Manager) (Date Signed) Page of

PRINT CLEAR
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 554
DVBE Bid Incentive Request and Acknowledgement
Name of Prime Contractor: CDCR IFB or RFP Number:

Completion of this document confirms DVBE BID Incentive request and acknowledges that the firm named below agreed to be identified by a bidding firm as a proposed DVBE subcontractor or supplier for a CDCR agreement. Unless otherwise stated, the DVBE incentive shall be equal to a bidder’s DVBE participation level. Unless otherwise stated, the DVBE Bid Incentive is subject to a minimum of 3 percent and a maximum of 5 percent during the bid evaluation process. Each named DVBE must have an application on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) by 5:00 p.m. on the day bids are due. If the DVBE is a subcontractor, then they must acknowledge their participation as claimed herein via the DVBE Subcontractor/Supplier Acknowledgement below:

Subcontractor/Supplier Acknowledgement
Subcontractor acknowledgements:

A. The subcontracting firm named herein has committed to perform or provide services/labor or supplies equal to a percentage of the total bid/cost proposal price submitted by the bidding firm named above.

B. The subcontracting firm named herein acknowledges the total dollar value of claimed participation identified above.

C. The subcontracting firm named herein agrees to provide the following subcontracted services/labor or supplies under the resulting contract if the bidding firm named above receives the contract award:

Provide a brief description in the box below of the commercially useful function(s) that the subcontractor/supplier identified herein will provide or supply. Attach additional page(s) if necessary. l
The subcontracting firm named herein understands it is its sole responsibility to contact the bidding firm named above to learn if the Proposer was awarded the contract pursuant to the referenced bid number and to confirm its subcontract agreement. If the bidding firm named above receives an award based in part on the DVBE incentive, the bidding firm/contractor is obligated to use each DVBE subcontractor or supplier identified in its proposal unless a subcontractor substitution is requested after contract execution pursuant to Public Contract Code Section 4107 and Title 2 California Code of Regulations Section 1896.10.

The person signing below certifies the information supplied on this form is true and accurate to the best of their knowledge and agrees to allow the State to confirm this information, if deemed necessary.

Total Dollar Value of DVBE
Subcontractor Use:

Total DVBE
Percentage:

DVBE Certification #:

DVBE Certification
Expiration Date:

Name of Proposed DVBE Subcontractor/Supplier:

Date Signed:

Street Address:

City:

State:

Zip Code:

Telephone Number:
( )
DVBE E-mail Address (if applicable):

DVBE Federal Employer ID (FEIN) #:

Printed/Typed Name:

Title:

Signature of Subcontractor/Supplier Representative:

For State Use Only
Information Verified by:

Date:
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 26, 2024
Date: February 05, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice Chair
David Wright, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Amended and Restated Agreement for Maintenance Services with Stanislaus Regional Transit Authority Fleet Maintenance
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 342-2274
DESCRIPTION:

Consider the Amended and Restated Agreement for Maintenance Services to the Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority and amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and forwarding to Council for approval. (Funding Source: Stanislaus Regional Transit Authority) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

On January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority (StanRTA).

On April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the StanRTA.

As part of the transition and implementation process to form StanRTA, several agreements were put in place to assign responsibility, provide services and lease facilities between the City and the StanRTA.
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Finance Committee, February 26, 2024
Amended and Restated Agreement with Stanislaus Regional Transit Authority for Fleet Maintenance

On June 22, 2021, by Resolution 2021-252, Council approved the various agreements with StanRTA to transition City transit services to them.

On October 04, 2022, by Resolution 2022-406, Council approved Amendment #1 to the Facility and Fleet Maintenance Agreements with StanRTA. Amendment #1 further defined indemnifications, building access, hourly rates, and delegated authority to Modesto City Manager and StanRTA Chief Executive Officer to approved minor changes the agreement.

DISCUSSION:

During the execution of services provided to the StanRTA, additional bus inventory has been implemented requiring an update to the fleet maintenance agreement. It is necessary to maintain continued operations of the public transit system.

These amendments propose the following changes:

Fleet Maintenance

1. Increase Fleet Maintenance personnel to properly manage the contractual agreement of the agreed upon maintenance and reporting, including the addition of maintenance and office support personnel.

Position Additional
Positions
Total Positions
Administrative Services Technician (AST); the
additional position removes all part time AST
workers and all Direct Charge Agreement
administrative staff from transit fleet
maintenance expenses
1 2
Equipment Services Technician 3 3
Maintenance Worker I (fueler) 4 8
Reclassify Heavy Mechanics to Crew leader;
(total mechanics stay at 15 FTE)
2 4

2. Grant the City Manager the authority to approve additional personnel, mechanics, and service technicians per agreed maximum levels that are mutually agreed without further approval from the City Council.

Position Additional
Positions
Total Positions
Administrative Service Technician 0 2
Equipment Services Technician 4 7
Maintenance Worker I (fueler) 0 8
Heavy Mechanic; (total mechanics increased to
17 FTE including Crew Leaders)
2 17

3. Change the manner of the monthly billing so that it is being billed based on actual cost instead of an estimated fee. This will eliminate the need to complete an annual trueup based on all labor, parts and services being billed at cost. #5..
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Finance Committee, February 26, 2024
Amended and Restated Agreement with Stanislaus Regional Transit Authority for Fleet Maintenance

4. Define 12 key performance indicators and their associated monthly reports, purchase authorization levels, warranty claim parameters, and collaboration between the two Agencies in developing the annual budget.

FISCAL IMPACT:

There is no impact to the General Fund with these amendments. The revenue received from StanRTA for bus maintenance services will fully compensate the City for the services, including management and overhead expenses. There will not be additional funds needed from the General Fund.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Amended and Restated Agreement for Maintenance Services Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority and amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Amended and Restated Agreement to fleet maintenance services

2. Signed Final Agreement July 2021

3. Signed Amendment No. 1 September 2021

4. Resolution 2022-406
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA

AMENDED AND RESTATED

AGREEMENT FOR MAINTENANCE SERVICES

BETWEEN

THE CITY OF MODESTO AND THE

STANISLAUS REGIONAL TRANSIT AUTHORITY
This AMENDED AND RESTATED MAINTENANCE AGREEMENT (“Agreement”), dated _______________ , 2023 for reference purposes, is by and between the City of Modesto, a municipal corporation, hereinafter referred to as “Modesto”, and the Stanislaus Regional Transit Authority, a joint powers agency, hereinafter referred to as “Authority.” Modesto and the Authority are sometimes referred to individually as a “Party” and collectively as the “Parties.” The Effective Date of this Agreement shall be July 1, 2023.

Recitals
A. WHEREAS, Modesto operated a public transit system referred to as Modesto Area Express or MAX; and
B. WHEREAS, the City of Modesto and the County of Stanislaus entered into a joint powers agreement consolidating their respective public transit systems and creating the Authority; and
C. WHEREAS, effective July 1, 2021, the Authority began operating as the countywide public transit provider, except for the City of Turlock; and D. WHEREAS, Authority and Modesto entered into an agreement effective July 1, 2021, as amended by that Amendment #1 effective October 4, 2022, whereby Modesto provided maintenance services to the Authority’s fleet of busses used in operation of its public transit system; and
E. WHEREAS, Modesto owns and operates the real property located at 1609 8th Street, Modesto, California as a bus maintenance facility (“Property”); and F. WHEREAS, Modesto has the qualifications, skill, experience and facilities to provide the desired maintenance services at the Property: and G. WHEREAS, Modesto and the Authority have entered into a lease agreement, dated June 22, 2021, whereby Authority leases a portion of the Property from Modesto; and H. WHEREAS, Modesto and the Authority desire to enter into this amended and restated agreement for bus maintenance services on the terms and conditions contained herein. / / /
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Agreement
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, Modesto and the Authority do hereby agree as follows:

Section 1. General Services to be Provided. Modesto shall provide preventative maintenance, remedial repairs, overhauls, road call services, and such other services as may be required to assure the continuity of effective and economical operation and overall quality of the Authority’s vehicle fleet. Modesto shall provide all necessary management, supervision, labor, parts, fuel (as further specified herein), tools, equipment, and supplies required to maintain the fleet in a state of good repair and service readiness for all scheduled routes and services with reasonable spares as set forth in the “Scope of Work,” attached hereto as Exhibit “A”, and consistent with generally accepted state of the art vehicle fleet practices. Modesto shall also provide Authority with a detailed record of repairs for each vehicle repair upon the billing of such repairs, which shall occur not more than once a month and no less frequently than once a quarter.

Section 2. Compensation and Payment.

2.1. Modesto shall perform all work described in Exhibit “A” of this Agreement and receive compensation as specified in Exhibit “B,” “Definition of Cost of Services Provided” for all work performed in accordance with Exhibit “A” of this Agreement.

2.2. Modesto will be reimbursed for hours worked, parts at cost, and wages and benefits for staffing defined as the actual cost of services being provided to the Authority.

Modesto shall provide notice to Authority of the revised Cost of Services at least ninety (90) days prior to the effective date of the Cost of Services. In addition, the Parties mutually agree to meet approximately 60 days before the end of each fiscal year to discuss the Cost of Services and mutually agree if other adjustments are necessary. The Modesto City Manager and Authority Chief Executive Officer are authorized to approve any such changes in writing. Modesto will not increase staffing levels or other expenses for the purpose of Authority without the mutual written agreement of the Authority. Modesto shall provide to Authority a statement of Modesto’s actual costs for parts, labor and staffing incurred for the preceding fiscal year and compare such amount to the amounts received from Authority. If on the basis of such statement, the Parties mutually determine the Authority owes an amount that is more than the Authority’s payments for the preceding year, Authority shall pay the deficiency to Modesto within thirty (30) days after the Parties mutual agreement of the owed amount. If the Parties mutually determine Authority paid amounts which exceeded Modesto’s actual costs for the preceding fiscal year, Modesto shall refund the overpayment or issue a credit on a future invoice to Authority within thirty (30) days after the Parties mutual agreement of the owed amount.

2.3. Authority shall make payment monthly to Modesto within thirty-five (35) calendar days of receipt of an acceptable invoice and all applicable reports found in Section 3.

Payment shall be based on the hours, cost of parts, and defined as the actual cost of services as reported by Modesto. All detailed invoices shall be submitted in duplicate not more than once a month and no less frequently than once a quarter, and shall be made in writing and delivered, mailed, or emailed to Authority as follows:
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Stanislaus Regional Transit Authority
912 11th Street, Suite 100
Modesto, CA 95354
Email: [email protected]
Attention: Accounts Payable

2.4. Authority shall notify Modesto in writing within fifteen (15) days of receipt of the invoice of any items questioned.

2.5. Except as expressly provided in this Agreement, Modesto shall not be entitled to nor receive from Authority any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement except as specifically provided for in Exhibit “B”. Specifically, Modesto shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays, or other paid leaves of absence of any type or kind whatsoever.

2.6. Unless otherwise provided in Exhibit “A”, Modesto shall provide such office space, supplies, equipment, vehicles, reference materials, and telephone service as is necessary for Modesto to provide the services identified in Exhibit “A” of this Agreement.

Authority is not obligated to reimburse or pay Modesto for any expense or cost incurred by Modesto in procuring or maintaining such items. Responsibility for the costs and expenses incurred by Modesto in providing and maintaining such items is the sole responsibility and obligation of Modesto.

2.7. Authority will not withhold any Federal or State income taxes or Social Security tax from any payments made by Authority to Modesto pursuant to this Agreement.

Authority has no responsibility or liability for payment of Modesto’s taxes or assessments.

2.8. All expenses are to be approved by the Authority prior to expenditure, except fuel, vehicle parts, and labor in the personnel plan. Repairs that exceed $5,000 require approval as set forth in this Agreement.

2.9. The Parties shall meet annually pursuant to Section 2.2 to discuss the transit maintenance budget. During such meetings, Modesto and Authority shall agree upon an annual transit maintenance budget for the upcoming fiscal year. The annual transit maintenance budget shall include the Authority’s estimated total amount of revenue hours for the upcoming year. Modesto shall meet monthly with the Authority to provide a budget update, discuss any operational changes which will impact the budget and notify Authority of circumstances which forecast any expected budget changes, such as increased services offered by Authority or decreased regular staffing availability for Modesto.

Any increase or decrease within each budget line in the approved annual transit maintenance budget requires the approval of the Authority. Amendment of the annual #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA transit maintenance budget to make these increases or decreases must be documented and justified by Modesto and be approved by Authority.

Modesto must provide a personnel plan to maintain the Authority vehicles to the level described in the Maintenance Plan attached to the Agreement as Exhibit “A-1”. The personnel plan must be approved by the Authority and based on best practices in the transit industry. The personnel plan will be updated by Modesto and approved by Authority with any change to the revenue hours operated.

Section 3. Required Reporting.

3.1. Modesto shall submit monthly service summary reports to Authority as part of the invoice. These reports shall be submitted within fifteen (15) days of the end of each calendar month and shall include, but not be limited to:

3.1.1. Daily vehicle inspection and servicing checklists as requested.

3.1.2. Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed.

3.1.3. List of all vehicle breakdowns/road calls occurring during the reporting period with a description of the cause and corrective action(s) taken.

3.1.4. A monthly summary of vehicle miles.

3.1.5. Fuel consumption, fluids and lubricants used.

3.1.6 Out of Service report showing vehicles that were out of service for more than 3 days during the month.

3.1.7 Other reports as reasonably requested by Authority regarding Transit operations, vehicle maintenance and repair, if such reports are feasible for Modesto to produce based on its software system.

3.1.8 Personnel report detailing the approved transit maintenance positions with position title and name of the individual in each position for the month being reported.

3.2. Modesto shall submit a monthly preventative maintenance compliance report to Authority verifying the completion of preventative maintenance inspections and services. Preventative maintenance standards is the service interval found in the Maintenance Plan +/- 5% (e.g. if the preventative maintenance interval is 5,000 miles, the preventative maintenance task could be completed between 4,750 and 5,250 miles). This report shall be submitted by the tenth day of each month.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA

3.3. Modesto shall maintain an electronic maintenance management system which shall have the capability to record each service or repair provided on each vehicle, produce summaries of services, produce a complete vehicle repair history, and other specialized reports as Authority may require. All data gathered in this system is acknowledged to be the property of the Authority and shall be provided to the Authority at any time including at the end of the contract period. Modesto will provide read-only access to the electronic maintenance management system to the Authority staff.

3.4. Service records must be kept for all vehicles and Modesto must make such records available for inspection within ten (10) days of receiving a request from the Authority.

3.5 Modesto will meet weekly with Authority staff to review outstanding issues and maintenance service delivery.

3.6 Modesto will track key performance indicators (KPI) and report them to the Authority each month in a summarized report. The KPI’s will be measured on a monthly basis and compared with the prior 12 months to include the same month from the prior year.

These indicators include the following:

1. Number of Major Mechanical System Failures per 100,000 miles by mode (Demand Response, Commuter, Fixed Route, Contingency), as defined by the National Transit Database.

2. Number of Other Mechanical System Failures per 100,000 miles by mode, as defined by the National Transit Database.

3. Number of road calls per 100,000 miles by mode.

4. Number of preventable road calls, defined as a Major or Other Mechanical Failure, which had a PMI service within the previous 10 days.

5. A list of repeat failures defined as a Major or Other Mechanical Failure that were corrected, but failed again within 30 days of being repaired.

6. The average number of work order hours for each preventable maintenance service and major repair (e.g. Weekly, Level A, Level B, brakes, tire change, etc).

7. The percentage of non-billable hours.

8. Maintenance cost per mile by vehicle and mode.

9. Fuel consumption per mile by vehicle and mode reported as miles per gallon or gallon equivalent (e.g. CNG, Electricity or Hydrogen).

10. Number of Out of Service vehicles by day compared with number of vehicles needed for revenue service with allowable spare vehicles.

11. Preventative maintenance services performed on-time, early and late.

12. A list of open work orders showing work order number, date the work order was opened, number of days opened, vehicle number, expected closure date and reasons for being open more than 10 days. #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Modesto will report KPI performance measured against baseline performance established as the period from July 1, 2021 to June 30, 2023. Modesto will provide an action plan for improvement if performance levels drop below established standards and performance from prior months and prior years.

If Authority has any concerns regarding the performance of Modesto under this Agreement it shall notify the Modesto Public Works Director. If Modesto has any concerns regarding the performance of Authority under this Agreement it shall notify the Authority Director of Operations and Planning. Upon receipt of such notification, the Parties shall schedule a meeting to discuss the concerns, explore possible solutions, and develop a timeline and plan on how these solutions will be implemented.

Section 4. Term. The Term of this Agreement shall be for five (5) years commencing on July 1, 2021 (the “Commencement Date”) and expires on June 30, 2026 (the “Term”) unless this Agreement is sooner terminated as provided herein. The Term will be extended automatically for successive one (1) year terms unless either party provides ninety (90) days prior written notice of non-renewal. Any extended term shall be upon the same terms and conditions as set forth in this Agreement.

Section 5. Termination.

5.1. Either party may terminate this Agreement, with or without cause, upon a minimum of one hundred eighty (180) days prior written notice to the other party. Such termination shall be effective upon the 1st of July immediately following the expiration of the 180-day notice period, unless another effective date for the termination is agreed to by the Parties in writing.

5.2. This Agreement shall terminate automatically upon either party’s dissolution, bankruptcy, or insolvency.

5.3. Copies of all supporting studies, data, reports, plans, correspondence and other written, printed, or tabulated material pertaining in any way to work performed, accumulated or generated by Modesto pursuant to this Agreement, whether finished or not, shall be provided to Authority upon termination or expiration of this Agreement and shall be delivered within ninety (90) days of receipt of notice of termination by Authority.

5.4. After all documents are received from Modesto, Authority shall pay Modesto the sum due for work performed in accordance with Section 5.6.

5.5. Modesto may terminate this Agreement if Authority fails to make any undisputed payment to Modesto when due in accordance with this Agreement and such failure remains uncured for thirty (30) days after written notice to Authority of such default and of Modesto’s intent to terminate.

5.6. If this Agreement is terminated by either party, Authority shall pay Modesto the sum due for work performed through the effective date of the termination. Such payment shall #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA be Modesto’s sole and exclusive compensation and Authority shall have no further liability or obligation to Modesto for any other compensation, including without limitation, anticipated profit, prospective losses or consequential damages of any kind.

Section 6. Maintenance Facility Lease. If at any time prior to the expiration or termination of this Agreement, the Lease for the Bus Maintenance Facility by and between Modesto and Authority expires or terminates for any reason, this Agreement shall automatically and simultaneously terminate.

Section 7. Insurance.

7.1. Modesto shall, at its own expense, procure and maintain in effect at all times during this Agreement, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this Agreement by Modesto or Modesto’s agents, representatives, employees, or subcontractors as follows:

7.1.1. General Liability.

Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations, which includes the care, custody and control of any and all vehicles in Modesto’s care or parked at the Bus Maintenance Facility, with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Modesto under this Agreement or the general aggregate limit shall be twice the required occurrence limit.

7.1.2. Automobile Liability Insurance.

If Modesto or Modesto’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this Agreement, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS ($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND DOLLARS $250,000 per
incident or occurrence.

7.1.3. Workers’ Compensation Insurance.

Workers’ Compensation Insurance as required by the California Labor Code. In signing this Agreement, Modesto certifies under section 1861 of #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA the California Labor Code that Modesto is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and that Modesto will comply with such provisions before commencing the performance of the work of this agreement, as necessary.

7.2. Deductibles, Self-Insured Retentions, Named Insured. Any deductibles, self-insured retentions, or name insureds must be declared in writing and approved by Authority.

7.3. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:

7.3.1. General Liability and Automobile Liability Coverages.

Endorsement providing that Modesto’s insurance shall waive all rights of subrogation against Authority’s insurers and Authority; or Modesto’s insurance shall list Authority as additional insureds under the insurance policy.

7.3.2. Worker’s Compensation Coverages.

Endorsements providing that Modesto’s insurance shall waive all rights of subrogation against Authority’s insurers and Authority.

7.4. Other Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

7.4.1. General Liability and Automobile Liability Coverages.

Endorsements providing that such insurance is the primary insurance and no insurance of Authority will be called upon to contribute to a loss.

Modesto’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

7.4.2. All Coverage.

Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to Authority.

Any failure of Modesto to comply with reporting provisions of the policies shall not affect coverage provided to Authority or Authority’s board members, officers, employees, or volunteers.

7.5. Verification of Coverage. Prior to performing any term or condition of the Agreement, Modesto shall furnish Authority with evidence of insurance effecting coverage required by this section.

7.6. Subcontractors. All insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.

Section 8. Permits and Licenses. Any licenses, certificates, or permits required by the Federal, State, County, or local governments for Modesto to provide the services and work described in Exhibit “A” must be procured by Modesto and valid at the time Modesto enters into this Agreement. Further, during the term of this Agreement, Modesto must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates, and permits may include, but are not limited to, driver’s licenses, professional licenses or certificates, and business licenses. Such licenses, certificates and permits will be procured and maintained in force by Modesto at no expense to Authority. All vehicles serviced or maintained by Modesto shall bear license plates and shall be registered in conformance with the laws of the State of California. All registration and license fees shall be paid by Authority. Modesto reserves the right not to perform any maintenance or repair on any vehicle that is not properly registered, and may hold such vehicle out of services until proof that the vehicle is properly licensed and registered is provided by the Authority. A vehicle shall not be considered not properly registered solely because the vehicle is not registered and/or licensed in the name of the Authority until January 1, 2022.

Section 9. Compliance with Laws and Regulations. Modesto shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements of the Federal, State or local government, and any agency of such government, including, but not limited to Authority, the Federal Transit Administration, Caltrans, and the Office of Management and Budget (OMB) which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations and procedural requirements which are imposed on Authority as a recipient of Federal or State funds are hereby imposed on Modesto including, but not limited to, OMB Circular A-102 which is herein incorporated by this reference and made a part thereof.

Section 10. Federal Transit Administration Requirements.

10.1. Modesto shall comply with all Federal Transit Administration requirements including, but not limited to, compliance with Title VI of the Civil Rights Act of 1964, as amended, and those clauses set forth in Exhibit “C”.

10.2. In connection with the performance of services provided for under this Agreement, it is agreed that Modesto, its agents, officers, and employees shall not, on the basis #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical or mental disability, legally-protected medical condition, family care status, veteran status, marital status, sexual orientation, or any other basis protected by state or federal laws, unlawfully discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws.

Section 11. Records and Audit.

11.1. Modesto shall retain and maintain all writings, documents, and records prepared in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of the Agreement.

11.2. Any authorized representative of Authority shall have reasonable access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts, and transcripts during the period such records are to be maintained by Modesto. Further, Authority has the right at all reasonable times to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement with ten (10) days written notice.

Section 12. Joint Venture. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of a joint venture, co-partner or co-venturer between the parties or as constituting one party as an agent or representative of the other.

Section 13. Defense and Indemnification.

13.1. Modesto shall defend, indemnify, and hold harmless Authority, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, to the extent arising out of, resulting from, or in connection with the performance of this Agreement, including the negligent or wrongful acts in the performance of this Agreement, by Modesto or Modesto’s agents, officers, employees and subcontractors, or any of them. Modesto’s obligation to defend, indemnify, and hold Authority, its agents, officers, and employees harmless applies to any actual or alleged personal injury, death, or damage or destruction to tangible or intangible property including the loss of use arising out of Modesto’s performance of this Agreement. Modesto’s obligation under this paragraph extends to any claim, damage, loss, liability, expense, or other costs which is caused in whole or in part by any negligent or wrongful act or omission of Modesto, its agents, employees, or any one directly or indirectly employed by any of them.

13.2. Modesto’s obligation to defend, indemnify, and hold Authority, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirements in this Agreement for Modesto to procure and maintain a policy of insurance.

13.3. To the extent permitted by law, Authority shall indemnify, hold harmless and defend Modesto and its officers, employees, agents, representatives or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of or resulting from any negligence or #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA wrongful acts of Authority and its officers, or employees, or agents in the performance of this Agreement.

13.4. Modesto and Authority shall not be liable to each other for indirect or consequential damages, including loss of use, revenue or profit, if such damages are asserted on the basis of breach of contract.

13.5. Neither party’s indemnification of the other applies to any claims caused by or arising out of the active or passive negligence of the other party or to the extent a claim actually or allegedly arises out of the willful misconduct of the other. If a party, pursuant to this Section 13, is required to pay damages to the other, that party shall be liable only for the amount of damages allocated to that party’s percentage of fault.

Section 14. Notices. Any notice, communication, amendments, additions, or deletions to this Agreement including change of address of either party during the term of this Agreement which Modesto or Authority shall be required or may desire to make, shall be in writing and may be personally served, mailed by prepaid, certified or registered mail or overnight courier, or transmitted by facsimile or electronic mail transmission, to the respective parties as follows:

To Modesto:

City of Modesto
1010 10th Street
Modesto, CA 95354
Attention: City Manager
To Authority:

Stanislaus Regional Transit Authority
912 11th Street, Suite 100
Modesto, CA 95354
Email: [email protected]
Attention: Adam Barth, Chief Executive Officer
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission.

Section 15. Force Majeure. The time for performance of an obligation other than the payment of compensation under this Agreement will be extended for the period during which a party is prevented from performing by acts of God, government actions, fire or other casualty, or other force or event beyond the reasonable control of that party including, but not limited to, governmental restrictions, laws, regulation, controls, requirements decrees, mandates or order #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA requiring individuals to “shelter in place,” “stay at home” or otherwise quarantine, or requiring businesses to close or be limited in operations.

Section 16. Waiver. Waiver of any default by either party to this Agreement shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless modified pursuant to the terms of this Agreement. No waiver shall be valid unless in writing and executed by the waiving party.

Section 17. Assignment. This Agreement is not assignable by Modesto without Authority’s prior written consent.

Section 18. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State, or local statutes, ordinances, or regulations the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

Section 19. Amendment. This Agreement, including any exhibits hereto, shall not be amended, except in writing signed by the parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement. The Modesto City Manager and Authority Chief Executive Officer shall have the authority to approve minor amendments to this Agreement without further approval from the governing board of Modesto or Authority. For the purposes of this section, an amendment shall be a minor amendment if it substantially conforms with the material terms of this Agreement. Without limiting the generality of the foregoing, changes to the time for either Party to perform any obligation, changes in reporting obligations, and non-material changes to the scope of work may be made via a minor amendment. Changes to the insurance requirements, indemnification obligations or term of the Agreement shall not be minor amendments. The mutual determination of the Modesto City Manager and Authority Chief Executive Officer regarding wither an amendment qualifies as a minor amendment shall be definitive.

Section 20. Entire Agreement. This Agreement, with its exhibits, contains the sole and only agreement of the parties. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

Section 21. Governing Law. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California.

Section 22. Venue/Jurisdiction. Venue for any action brought by either party to this Agreement against the other to enforce the terms and conditions thereof shall be maintained in Stanislaus County, California, in the proper court having jurisdiction. Each party irrevocably consents to the jurisdiction of each such court.

Section 23. No Third Party Benefit. This Agreement is a contract between Modesto and Authority and nothing herein is intended to create any third party benefit. #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Section 24. Number and Gender. All words used herein in the singular number shall include the plural and the present tense shall include the future and the masculine gender shall include the feminine and neutral.

Section 25. Construction. The language of each and all paragraphs, terms, and/or provisions of this Agreement shall, in all cases and for any and all purposes, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity of status of any person or persons who drafted all or a portion of this Agreement.

Section 26. Counterparts and Electronic Signatures.

26.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

26.2. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ****Remainder of page intentionally left blank****
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “A”

SCOPE OF WORK
I. GENERAL SCOPE OF WORK
Modesto shall provide preventative maintenance; remedial repairs, overhauls, road call services, and other such services as may be required to assure the continuity of effective and economical operation of the Authority fleet.

Modesto shall provide all necessary management, supervision, labor, parts, tools, equipment, and supplies required to maintain the fleet in a state of repair and service readiness as defined in this Scope of Work and consistent with generally accepted state of the art fleet practices.

In addition, Modesto will provide Authority with a permanent detailed record of repairs for each vehicle repair once per month.

Modesto shall be fully responsible for the safe and efficient maintenance of all vehicles and associated equipment. Modesto’s duty and responsibility to maintain all vehicles and equipment, is not delegable to any other person, firm, or corporation.

II. GENERAL TERMS AND CONDITIONS
Modesto shall comply with all Federal, State, and local licensing and/or regulatory requirements (including permits) for the provision of transit maintenance services.

Modesto will be required to comply with all applicable Equal Employment Opportunity laws and regulations.

Modesto shall immediately establish a Drug/Alcohol Education, Testing, and Reporting program in accordance with the terms of 49 CFR part 653. A certificate evidencing such program shall be provided to Authority within 30 days of the effective date of this Agreement. Modesto shall submit all documents pertaining to the drug and alcohol program to the Authority upon request to ensure compliance with 49 CFR part 653. As directed by Authority, Modesto must submit the annual Drug and Alcohol Management Information System report by the end of February each year.

Modesto is responsible for providing testing reports to Authority in accordance with 49 CFR part 653.

In connection with the performance of this Agreement, Modesto shall comply with the requirements of Section 508 of the Clean Water Act and Section 306 of the Clean Air Act. These regulations prohibit the use of facilities included in the EPA “List of Violating Facilities” under non-exempt federal contract. In addition, these provisions require the reporting of any violations to FTA and to the EPA.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA All practices, materials, supplies, and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local safety or environmental codes.

III. PREVENTATIVE MAINTENANCE

1. Preventative Maintenance Program

1.1. A preventative maintenance program (PM) has been established by Authority in consultation with Modesto for all vehicles. The PM program shall be designed in accordance with terms and conditions necessary to comply with the original equipment manufacturer’s (OEM) specifications, warranties, and governmental regulations. The Authority Maintenance Plan is attached hereto as Exhibit “A-1” and replaces the City of Modesto Maintenance Plan dated August 27, 2019.

1.2. Adherence to preventative maintenance schedules shall not be regarded as reasonable cause for deferred maintenance in instances where Modesto employees, maintenance personnel, or Authority has observed that maintenance is needed in advance of schedule. Modesto shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles.

Modesto shall adjust the maintenance work schedule as necessary to meet all scheduled services and complete preventative maintenance activities according to the schedule approved by Authority.

1.3. Preventative maintenance and running repairs shall receive first priority in the use of Modesto’s maintenance resources.

1.4. PM intervals for all vehicles are defined in the maintenance plan and may differ between vehicle types. Detail of functions performed with each preventative maintenance task is described in the maintenance plan.

1.5. All components of the bus bodies, accessories, chassis, and any additional equipment on the vehicles, (e.g. lifts, driveline brakes, warning and safety systems) shall be maintained in a safe, sound and undamaged condition at all times. Modesto shall diligently attempt to complete all necessary repairs found during Preventative Maintenance Inspections (PMI) or other reporting sources within ten (10) working days of occurrence. In the event that a repair will take longer than ten (10) days to complete, Modesto shall notify the Authority and provide an explanation of the delay. Additional time will be granted with notification to Authority of the delay. Any repairs that would affect safety, passenger comfort, technology systems or vehicle appearance shall be made before the vehicle is used in revenue service.

1.6. All mechanical, electrical, fluid, air, hydraulic, and safety systems shall be maintained in a safe and working condition at all times.

2. Performance
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2.1. The timely performance of preventative maintenance is defined as completion within ten (10) working days of identification of the necessary repair, or upon notice to Authority with an explanation as to why the repair will take longer than ten (10) days. The work order associated with any preventative maintenance or repair must be closed within ten (10) days, or upon notice to Authority with an explanation as to why the work order will take longer than ten (10) days to close. This measure of timely performance is incumbent upon Modesto for all fleet vehicles.

2.2. If Modesto fails to perform PMI activities, or fails to maintain vehicle safety and reliability, Authority shall notify Modesto in writing. Modesto shall then have ten (10) business days (or such longer period as Authority may authorize in writing) to cure such failure, and in writing state a method or plan preventing recurrence of such failure. Non-compliance of the performance provisions and failure to produce cure may result in contract termination.

3. Repairs

3.1. Necessary repairs that are identified through preventative maintenance activities, by drivers or Authority staff shall be made by Modesto as required, limiting the nature and the extent of repairs to those necessary, unless otherwise approved by Authority.

3.2. Authority shall not be billed for “comeback” failures due to incorrect diagnosis or improper repairs made by Modesto.

3.3. All repairs that exceed $5,000.00 must be approved by Authority and receive prior approval by Authority. No invoices will be paid for work that exceeds $5,000 that does not have an estimate of repairs and prior written approval by the Authority.

3.4. Modesto shall be responsible for arranging and managing outside repairs which cannot be performed economically in-house. Modesto shall be responsible for comparing the cost of specific outside repairs with the costs of performing the same work in-house, considering the quality of work. These outside repairs may include body work and painting, glass replacement, transmission sealing and repair, upholstery, radiator work, alternator, towing, and other work that can result in a cost savings to Authority. All responsibility for paperwork, invoicing, quality control, vehicle movement, vehicle security, etc., will be that of the Modesto.

3.5. In no event shall Authority be required to repair or maintain any vehicle unless such responsibility is assumed by Authority.

3.6. Modesto, at its sole cost and expense, shall maintain stores of and provide fuel, lubricants, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services. These stores shall be sufficient to minimize vehicle down-time and ensure that peak vehicle requirements are met.

4. Road Calls, Assistance and Collision Response
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4.1. Modesto shall provide emergency road service including towing service for vehicles in the Authority fleet.

4.2. Upon the prompt notification of the Authority or its contractor, Modesto shall respond to the site of any Authority involved vehicle collision, stalled vehicle, or other nonoperable state to determine road worthiness for transport back to the BMF for review and repair.

IV. VEHICLE MAINTENANCE

1. General.

1.1. The exterior of vehicles will be kept clean and shall be washed no less than once every other day. A wash log shall be emailed to the Authority Director of Operations and Planning and other designated staff by 10:00 AM documenting the buses washed the previous day.

1.2. Service records must be kept for all vehicles and must be reasonably available for inspection by Authority at any time upon notice to Modesto.

1.3. Modesto shall, at least once per month, supply copies to Authority upon request of all completed inspections, oil sample reports, engine tune-ups and other reports available. These reports shall be in the form of Work Orders which become the basis for the variable parts and labor portion of the monthly invoice.

1.4. If Modesto is not certain of a particular procedure(s) regarding repairs of equipment or components, Modesto shall contact Authority to get clarification to ensure the standards are met.

2. Requirements – Authority Vehicles.

2.1. Air conditioning/heating system maintenance.

2.1.1. Vehicles must have working heating and air conditioning. Heating and air conditioning (A/C) systems shall be maintained to ensure that the passenger compartment is comfortably maintained under all climatic conditions at all times on all service runs. Modesto shall maintain the A/C systems in a state of operating condition at all times.

2.1.2. An air conditioning system maintenance inspection shall be performed with each inspection.

2.1.3. A more detailed air conditioning inspection shall be performed as part of the seasonal start-up in March/April of each year.

2.1.4. A seasonal inspection of the heating system shall be performed in October of each year.
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2.1.5. Modesto shall keep an up-to-date record required by the EPA of airconditioned maintenance performed on all vehicles and such records shall be made available to Authority.

2.2. Engine Maintenance.

2.2.1. It is Authority’s goal to maximize the service life of each engine prior to overhaul or replacement. A good preventative maintenance program, oil analysis, and repairs made prior to major failures should allow a life expectancy of that type of vehicle type as defined by the Federal Transit Administration.

2.2.2. All oil leaks shall be repaired as required to ensure minimal oil leakage on roads, parking lots, and layover points.

2.2.3. Engine tune-ups shall be performed based on OEM recommendations.

2.3. Transmission Maintenance

2.3.1. It is Authority’s goal to maximize the service life of each transmission prior to overhaul or replacement. A good preventative maintenance program, oil analysis and repairs made prior to major failure should allow a life expectancy of that type of vehicle type as defined by the Federal Transit Administration.

2.3.2. Every 30,000 miles the transmission oil and internal transmission filters shall be replaced. During this time an inspection of the materials in the pan shall be made when the pan is removed. Only OEM parts shall be used or equivalent.

2.3.3. If a transmission fails prior to overhaul, an inspection shall be made to determine the cause of failure.

2.4. Wheelchair ramps

2.4.1. Vehicles used in revenue service must be wheelchair accessible.

2.4.2. Wheelchair lifts shall be maintained in accordance with OEM and Authority standards. An inspection shall be made to each coach equipped with a wheelchair lift as part of every routine inspection. Inspections and adjustments shall be made in accordance with the manufacturer’s recommendations.

2.5. Other Requirements

2.5.1. Vehicles used in revenue service must have working radio communication with the dispatcher.
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2.5.2. Vehicles used in revenue service must have a working Computer Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, video surveillance system and farebox.

2.5.3. All vehicles must be properly licensed and comply with federal, state and local laws and requirements pertaining to motor vehicles.

2.5.4. Vehicles must have no apparent accident damage. All damage to vehicles must be repaired as soon as feasible. In the event that a repair cannot be completed within thirty (30) days of occurrence, Modesto shall notify the Authority. Repairs must be completed in a high quality and professional manner.

2.5.5. Authority reserves the right to inspect vehicles and to remove from service any vehicle it determines is not service ready.

2.5.6. Authority shall have at its immediate disposal an adequate number of spare vehicles at all times.

2.5.7. Modesto shall maintain adequate locked, secured, and lighted vehicle storage for vehicles on the Modesto’s premises. There shall be no per unit fee for vehicle storage.

Modesto shall allow for towed vehicles to be placed on Modesto’s premises 24 hours a day.

2.5.8. Modesto shall provide electronic key card access to the Authority Chief Executive Officer (CEO) and all employees that require access to the Bus Maintenance Facility (BMF) as designated by the Authority Director of Operations and Planning and approved by the Modesto Public Works director or designee. Access to the BMF by Authority personnel shall be limited to the Authority operating hours. Modesto shall provide access to any transit contractor or vendor with 48 hours’ notice from the Authority. Authority personnel shall not visit the administrative offices at the BMF without the prior approval of the Modesto Public Works Director, or designee. Authority shall indemnify, hold harmless and defend Modesto and its officers, employees, agents, representatives or subcontractors from and against all claims, damages, losses, judgements, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of or resulting from the gross negligence of the CEO or Authority personnel accessing the maintenance areas of the BMF, except if caused by the sole negligence or willful misconduct of Modesto.

2.5.9. If the Authority has any employee-related issues with Modesto employees, the Authority Director of Operations and Planning shall contact the Modesto Human Resources Director and Modesto Public Works Director, or designees. If Modesto has any employee-related issue with Authority employees, the Public Works Director shall contact the Authority Director of Operations and Planning.

2.5.10. Authority shall have access to Modesto’s video surveillance equipment and surveillance video in the areas of the BMF in which the Authority has beneficial use whether those uses are exclusive or shared. Modesto shall have 72 hours from the time of request to provide the requested video.
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2.5.11. Modesto shall provide designated parking for two Authority services vehicles inside the gate at the BMF. These spaces can also be occupied by Authority employee vehicles. These parking places are in addition to the spaces already allocated to the transit contractor for non-revenue vehicles. Spaces reserved for Authority vehicles and Authority employee vehicles will be identified by signs, installed by Modesto and included in the transit maintenance budget.

3. Vehicle Inspections.

3.1. Modesto shall perform daily safety inspections of vehicles. Vehicles failing the inspection will not be used in service until the reason for failure is corrected.

3.2. Authority reserves the right to ensure that vehicles are being maintained properly and are in safe operating condition. If Authority believes Modesto is not maintaining vehicles in the manner required by this Agreement, Authority shall notify Modesto with its specific concerns.

3.3. Modesto shall deliver any or all vehicles to any required inspection facility when requested by Authority or any regulatory agency. In the event Modesto is instructed by Authority or any other regulatory agency to remove any equipment from service due to mechanical reasons, Modesto shall make any and all specified corrections and repairs to the equipment and provide Authority with a written statement that states corrections and repairs were made prior to placing the equipment into service. Authority reserves the right to do a visual inspection of the repairs and if not done to Authority’s satisfaction, the vehicle will be returned to be repaired.

3.4. Authority or its representative(s) shall be entitled, at all times, to conduct inspections of vehicles or records of Modesto in order to determine compliance with the provisions hereof. Modesto shall, upon request of Authority, immediately remove from operation any vehicle which is determined by Authority not to be in compliance with any of the standards set forth herein.

Modesto shall repair, clean or take other actions reasonably requested by Authority in order to bring the vehicle into compliance. This provision does not relieve Modesto of its obligation to maintain and operate each vehicle in strict compliance with this agreement and the provisions herein.

4. Warranty

4.1. Warranty on Direct Service by Modesto. Modesto shall provide a parts and labor warranty on all work provided directly or from an outside contractor. The parts warranty will be as specified by the manufacturer. The labor warranty shall be at a minimum for 90 days.

4.2. Manufacturer Warranty. Modesto shall perform all maintenance and/or repair work covered by a manufacturer warranty and bill the Authority for such work consistent with the terms of this Agreement (i.e., parts and labor). Modesto will document and complete all warranty claims eligible on the vehicles. Such claims will identify that all warranty funds will be paid directly to the Authority. Each month, Modesto will provide to Authority a list of all warranty work #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA performed and claims sent as a separate report prepared within 30 days of performing the work.

Modesto shall provide all documentation necessary to recover costs related to warranty claims.

5. Corrective Maintenance

5.1. Modesto shall review all driver and fueler reports daily and make necessary repairs to ensure that vehicle availability is met for service each day. Any vehicles found with safety defects or safety related defects will be removed from service immediately and not returned to service until such defects are repaired.

5.2. In the event towing of a vehicle is required due to mechanical failure or damage, Modesto shall be responsible for such towing at its sole cost and expense.

6. Fueling and Daily Servicing

6.1. Modesto shall be responsible for the daily fueling needs of all diesel, hydrogen and electric powered vehicles. Gasoline and Compressed Natural Gas (CNG) vehicles will be arranged by the Authority. The costs for all types of fuel will be the responsibility of the Authority either directly from the fuel type vendor or passed through from Modesto.

6.2. Modesto shall provide daily service to the vehicles including a fluid check, fluid fill as needed, fueling and fare collection.

6.3. Deleted.

6.4. Modesto shall allow and maintain all hydrogen fueling equipment installed at the BMF. Modesto shall ensure all its maintenance staff are properly trained on how to use, repair, and maintain hydrogen fueling equipment. Such training shall be included in the transit maintenance budget and approved by the Authority prior to implementation. While Modesto shall be responsible for the maintenance of such hydrogen fueling equipment, it is expressly understood and agreed that such equipment is and shall remain the property of the Authority.

7. Fare Counting

7.1. Modesto is responsible for probing and emptying each farebox vault in each vehicle that operated revenue service into the large Genfare GFI vaults each evening. Any vehicle being removed from service to be maintained must be probed prior to entering the shop bay or departing for third party maintenance off-site; this includes scheduled preventative maintenance inspections.

7.2. The large Genfare vaults will be opened and the monies contained within counted for deposit by Modesto. Authority will provide deposit bags and forms. Authority will provide armored car service from the BMF to the Authority bank for deposit. Modesto is responsible for coordinating timing and access to deposit bags for armored car transport. #5..
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7.3. Modesto will develop, and the Authority approve all policies and procedures for proper cash control. Authority retains the right to monitor the cash counting process and procedures and may adjust as needed.

7.4. On the last day of the month, the Genfare fareboxes in all revenue vehicles in the maintenance facility yard must be probed.

V. MAINTENANCE STAFF

1. Modesto shall provide an adequate staff or contractors to maintain the vehicle fleet to Authority standards. In addition, Modesto shall assign a Transit Fleet Supervisor who shall be responsible for Modesto’s day-to-day performance of maintenance services under this Agreement and will devote 100% of their time to work under this Agreement. Modesto will take action to improve the performance of the Transit Fleet Supervisor if reported KPI’s fall below established standards.

2. Modesto must comply with all Environmental Protection Agency (EPA), U.S.

Department of Energy (DOE), and U.S. Department of Transportation (DOT) requirements that require certification to perform any and all maintenance.

3. Modesto must provide knowledgeable, trained mechanics for corrective maintenance procedures, including but not limited to, electrical systems, other technology systems including those used and/or contained on hydrogen powered vehicles, heating and air conditioning, brake systems, hydraulics, fuel, hydrogen fuel, body, air suspension, and steering systems. An annual training plan and any certification programs required to perform maintenance functions, including bus and component manufacturer training, shall be complied with and provided by Modesto. Training shall be included in the annual maintenance budget and approved by Authority.

Proof of certification and training must be maintained in Modesto in a file as an auditable item.

Modesto shall submit to the Authority a monthly training report by the 15th of each month.

4. Authority shall provide written notice to Modesto at least ninety (90) days prior to commencing service on any new bus route, as well as extending the hours of service or increasing the frequency of service on any existing bus route. The purpose of the notice is to ensure that Modesto has adequate time to make arrangements for providing the increased maintenance and servicing that would be required by such changes. Any proposed staffing changes must be approved by the Authority prior to implementation. This section is not intended to provide Modesto with any authority to approve or reject proposed route changes.

VI. MAINTENANCE TRACKING

1. Modesto shall comply with DOT regulations for tracking maintenance history.

Modesto shall provide reports on vehicle maintenance performed, preventative maintenance scheduling, fluid consumption, tracking of vehicle and component life-to-date mileages, tire tracking, warranty tracking and cost-per-mile reports.
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2. Authority reserves the right to request copies and review any and all documents of repairs made to the vehicle fleet as well as outside repairs made to the vehicles or components repairs made to the vehicle fleet. Modesto will coordinate with Authority to produce daily reports for vehicle maintenance. These reports include the following, but others may be added as requested:
i. Daily Vehicle Wash report separated by mode, to include date, vehicle number, and maintenance worker name.
ii. Daily Vehicle Out of Service report separated by mode, to include date, vehicle number, defect description, date out of service, number of days out of service, status, estimated date returning to service, and notes. The report will also show the total number of vehicles available for service, total number of vehicles out of service and total vehicles required for peak revenue service. iii. Delayed vehicle component and third-party service log for any vehicle component or third-party service delayed for more than 10 days. iv. Daily log for the previous day’s road calls, to include vehicle number, the reason for the road call and a determination if the road call was preventable. v. Weekly Project Status report, to include each project, percentage completed and estimated date for completion.

3. Modesto shall track and identify re-repairs. Subsequent repair orders on re-repairs shall be clearly marked as such. Re-repairs shall not include any costs in billings presented to Authority without prior written approval.

VII. PARTS AND TOOLS

1. Modesto shall request and receive approval from Authority prior to taking parts from one revenue vehicle for use in another revenue vehicle.

2. The Authority shall inform Modesto of vehicles that are being retired and disposed of. Modesto shall have 60 days from the time of notification to remove specified equipment and hardware from vehicles scheduled for disposal. Such equipment and hardware shall include, but are not limited to, the following systems: APC, AVL, GPS, MDT and mounts, farebox, security cameras, two-way radios, and bike racks. Unless specifically requested by Modesto and approved by Authority, Modesto shall obtain Authority approval before removing parts from the retired vehicles for use in other vehicles.

3. All tools purchased with Authority funds shall become the property of the Authority and given an Authority asset tag. Modesto shall provide a monthly report of tools, including the invoice, purchased for the benefit of Authority by the 15th of each month.

Commented [DB1]: Daily wash report will be provided
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “A-1”

STANISLAUS REGIONAL TRANSIT AUTHORITY MAINTENANCE PLAN
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “B”

DEFINITION OF COST OF SERVICES PROVIDED

1. Monthly billings will be billed based on actual costs incurred that month, which shall eliminate the possibility of overpayment or underpayment existing after the end of the fiscal year. Modesto will provide documentation for each expense at Authority’s request. Modesto will exclude Modesto’s portion of shared BMF expenses mutually agreed upon by both parties.

Modesto’s portion of shared BMF expenses will be included as a credit on the monthly billing on the last monthly billing for the fiscal year to ensure it is based on actuals.

2. The Parties shall meet and confer annually on or before February 1 pursuant to Section 2.2 of the Agreement to start developing the annual transit maintenance budget. Authority and Modesto will mutually agree to the established budget for the fiscal year by April 1. #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “C”

FEDERAL TRANSIT ADMINISTRATION CLAUSES
(1) Buy America Requirements. -- If the Contractor uses Federal funds to purchase any capital items to be used in providing services under the Agreement, the Contractor shall comply with the applicable Buy America requirements set forth in 49 U.S.C. 5323(j) and the applicable regulations in 49 C.F.R. Part 661, as amended, and shall be responsible for obtaining the Buy America certification required under such regulations. (2) Fly America Requirements. -- Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation.
(3) Charter Bus Requirements. -- Contractor shall comply with 49 USC 5323(d) and (g) and 49 CFR 604, which state that recipients and subrecipients of FTA assistance may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, “Charter Service,” 49 CFR part 604, the terms and conditions of which are incorporated herein by reference. (4) School Bus Requirements. -- Pursuant to 69 USC 5323(f) or (g) as amended by MAP21,23 USC 133, 23 USC 142, and 49 CFR 605, recipients and subrecipients of FTA assistance shall not engage in school bus operations exclusively for transportation of students and school personnel in competition with private school bus operators unless #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients shall not use federally funded equipment, vehicles, or facilities.
(5) Energy Conservation. -- Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act.
(6) Clean Water. -- Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance. (7) Lobbying. -- Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 10465 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
(8) Access to Records and Reports. -- The following access to records requirements apply to this Contract:
a. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. b. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $150,000.
c. Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. d. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
e. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA f. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR g. FTA does not require the inclusion of these requirements in subcontracts. (9) Federal Changes. -- All Contracts except micro-purchases ($3,500 or less, except for construction contracts over $2,000)
a. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. (10) Clean Air. -- Applicability - All contracts over $150,000. a. Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office.
b. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance. (11) Recycled Products. -- The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
(12) Contract Work Hours & Safety Standards Act
a. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in para. (1) of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in para. (1) of this section.
c. Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para. (2) of this section. d. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
(13) No Government Obligation to Third Parties
a. The recipient and contractor acknowledge and agree that, notwithstanding any #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
b. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
(14) Program Fraud and False or Fraudulent Statements or Related Acts a. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. b. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate.
c. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA identify the subcontractor who will be subject to the provisions. (15) Termination
a. Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.

Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient’s property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. c. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience.
d. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions
e. If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. f. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
g. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
h. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
i. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. j. Termination for Default (Transportation Services) If contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
k. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. l. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.

Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work.
m. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:
n. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
#5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA o. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
p. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.
q. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor’s failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor’s failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient.
r. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. s. Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient’s convenience, contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
t. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. (16) Government Wide Debarment and Suspension (Non Procurement). -- The Recipient agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S.

OMB, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” http://https.www.sam.gov,.proxy1.semalt.design if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA http://https.www.sam.gov,.proxy1.semalt.design if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. (17) Contracts Involving Federal Privacy Act Requirements a. When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micro-purchases ($3,500 or less, except for construction contracts over $2,000) b. The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
c. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. d. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. (18) Civil Rights Requirements
a. The following requirements apply to the underlying contract:
b. The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Recipient or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service:
c. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s “Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, (g) Age, or (h) Gender identity and (2) The FTA “Nondiscrimination” statute’s prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance, and d. 2 Other applicable Federal guidance that may be issued, but (b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program,
e. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued,
f. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe.

Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer".
g. Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Equal Employment Opportunity,” 42 U.S.C. § 2000e note,
h. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged
i. Business Enterprises” (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to comply with:
i. Section 1101(b) of MAP-21,23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. j. § 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, (c) Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., k. (2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R. part 26 under MAP21 and previous legislation, l. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
m. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 - 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, n. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended,
o. 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S.

DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S.

DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S.

ATBCB regulations, “Electronic and Information Technology Accessibility #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance,
p. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of:
(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, q. Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd - 290dd2, r. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11,2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005, s. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination.
t. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.
(19) Breaches and Dispute Resolution
a. Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided in writing by the recipient’s authorized representative. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, contractor mails or otherwise furnishes a written appeal to the recipient’s CEO. In connection with such appeal, contractor #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the recipient’s CEO shall be binding upon contractor and contractor shall abide by the decision. FTA has a vested interest in the settlement of any violation of Federal law including the False Claims Act, 31 U.S.C. § 3729.
b. Performance During Dispute - Unless otherwise directed by the recipient, contractor shall continue performance under this contract while matters in dispute are being resolved.
c. Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within ten days after the first observance of such injury or damage.
d. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the recipient and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the residing State.
e. Rights and Remedies - Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the recipient or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
(20) Transit Employee Protective Provisions
a. Contracts for transit operations except micro-purchases ($3,500 or less, except for construction contracts over $2,000)
b. Public Transportation Employee Protective Arrangements. The Recipient agrees that 49 U.S.C. § 5333(b) requires employee protective arrangements to be in place #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA as a condition of award of FTA assistance made available or appropriated for FTA programs involving public transportation operations. U.S. DOL recognizes the following categories of arrangements:

1. U.S. DOL Certification. When its Project involves public transportation operations and is financed with funding made available or appropriated for 49 U.S.C. §§ 5307, 5309, 5312, 5337, or 5339, as amended by Map-21, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a Certification of employee protective arrangements before FTA may provide financial assistance for the Project. Therefore, the Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that: (a) It must carry out the Project as provided in its U.S. DOL Certification, which contains the terms and conditions that U.S. DOL has determined to be fair and equitable to protect the interests of any employees affected by the Project, (b) It must comply with 49 U.S.C. § 5333(b), and any future amendments thereto, (c)
c. It will follow the U.S. DOL guidelines, “Guidelines, Section 5333(b), Federal Transit Law,” 29 C.F.R. part 215, except as U.S. DOL determines otherwise in writing, (d) It must comply with the terms and conditions of the U.S. DOL certification of public transportation employee protective arrangements for the Project, which certification is dated as identified on the Underlying Agreement, including: 1 Alternative comparable arrangements U.S. DOL has specified for the Project, 2 Any revisions U.S. DOL has specified for the Project, or 3 Both, and (e) It must comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement for the Project: 1 The U.S. DOL certification of public transportation employee protective arrangements for the Project, which certification is dated as identified on the Underlying Agreement, 2 The documents cited in that U.S. DOL certification for the Project, 3 Any alternative comparable arrangements that U.S. DOL has specified for the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Project, and 4 Any revisions that U.S. DOL has specified for the Project, (2) d. Special Warranty. When its Project involves public transportation operations, and is financed with funding made available or appropriated for 49 U.S.C. § 5311, as amended by Map-21, for former 49 U.S.C. § 5311 in effect in FY 2012, or a previous fiscal year, or for section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, U.S. DOL will provide a Special Warranty for those projects, including projects under the Tribal Transit Program. Therefore, the Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that: (a) It must comply with Federal transit laws, specifically 49 U.S.C. § 5333(b),
e. (b) Follow the U.S. DOL guidelines, “Guidelines, Section 5333(b), Federal Transit Law,” 29 C.F.R. part 215, except as U.S. DOL determines otherwise in writing, (c) It will comply with the U.S. DOL Special Warranty for its Project that is most current on the date when it executed the Underlying Agreement, and documents cited therein, including: 1 Any alternative comparable arrangements U.S. DOL has specified for the Project, 2 Any revisions U.S. DOL has specified for the Project, or 3 Both, and (d) It will comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement: 1 The U.S. DOL Special
f. Warranty for its Project, 2 Documents cited in that Special Warranty, 3 Alternative comparable arrangements U.S. DOL specifies for the Project, and 4 Any revisions that U.S. DOL has specified for the Project, and (3) Special Arrangements for 49 U.S.C. § 5310 Projects. The Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to Subrecipients participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make the following exceptions: (a) FTA will make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA funding authorized under title 23, United States Code (flex funds), and (b) FTA reserves the right to make other exceptions as it deems appropriate. (21) Disadvantaged Business Enterprise
a. Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs
b. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere.
c. The contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
d. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. e. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
f. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.
g. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. (22) Prompt payment. -- The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non-DBE subcontracts.
(23) Incorporation of Federal Transit Administration (FTA) Terms. -- The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions.
(24) Drug and Alcohol Abuse and Testing. -- The Contractor agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants), " 49 C.F.R. Part 32, that #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA implements the Drug-Free Workplace Act of 1988 as amended, 41 U.S.C. §§ 8103 et seq., and 2 CFR part 182, b. Alcohol Misuse and Prohibited Drug Use. FTA Regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 USC 5331, as amended by Map-21,49 CFR part 40, 49 USC chapter 53, 49 CFR Part 655, to the extent applicable.
(25) Full and Open Competition. -- In accordance with 49 U.S.C. § 5325(a) all procurement transactions shall be conducted in a manner that provides full and open competition.
(26) Prohibition Against Exclusionary or Discriminatory Specifications. -- Apart from inconsistent requirements imposed by Federal statute or regulations, the contractor shall comply with the requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support procurements using exclusionary or discriminatory specifications.
(27) Conformance with ITS National Architecture. -- Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
(28) Access Requirements for Persons with Disabilities. -- Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.
(29) Notification of Federal Participation. -- To the extent required by law, in the #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA announcement of any third party contract award for goods and services (including construction services) having an aggregate value of $500,000 or more, contractor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract.
(30) Interest of Members or Delegates to Congress. -- No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any benefit arising therefrom.
(31) Ineligible Contractors and Subcontractors. -- Any name appearing upon the Comptroller General’s list of ineligible contractors for federally-assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General’s list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. (32) Other Contract Requirements. -- To the extent not inconsistent with the foregoing Federal requirements, this contract shall also include those provisions attached hereto, and shall comply with the recipient’s Procurement Guidelines, available upon request from the recipient.
(33) Compliance with Federal Regulations. -- Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT-required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.
(34) Real Property
a. Any contract entered into shall contain the following provisions: Contractor shall #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA at all times comply with all applicable statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use and disposal of real property, including, but not limited to, 49 CFR 18.31-18.34, 49 CFR 19.30-19.37, 49 CFR Part 24, 49 CFR 5326 as amended by FAST Act, 49 CFR part 18 or 19, 49 USC 5334, applicable FTA Circular 5010, and FTA Master Agreement, as they may be amended or promulgated during the term of this contract. b. Contractor’s failure to so comply shall constitute a material breach of this contract.
(35) Access to Services for Persons with Limited English Proficiency. -- To the extent applicable and except to the extent that FTA determines otherwise in writing, the Recipient agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT Notice, “DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries,” 70 Fed.

Reg. 74087, December 14, 2005.
(36) Environmental Justice
a. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote environmental justice by following:
b. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order, and (2) DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377, April 15, 1997, and (3) The most recent and applicable edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable Federal laws, regulations, and guidance,
(37) Environmental Protections. -- Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include:
the National Environmental Policy Act of 1969; the Clean Air Act; the Resource #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future.
(38) Geographic Information and Related Spatial Data. -- Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing.
(39) Geographic Preference. -- All project activities must be advertised without geographic preference, (except in A/E under certain circumstances, preference for hiring veterans on transit construction projects and geographic-based hiring preferences as proposes to be amended in 2 CFR Part 1201).
(40) Organizational Conflicts of Interest. -- The Recipient agrees that it will not enter into a procurement that involves a real or apparent organizational conflict of interest described as follows: (1) When It Occurs. An organizational conflict of interest occurs when the Project work, without appropriate restrictions on certain future activities, results in an unfair competitive advantage: (a) To that Third Party Participant or another Third Party Participant performing the Project work, and (b) That impairs that Third Party Participant’s objectivity in performing the Project work, or (2) Other. An organizational conflict of interest may involve other situations resulting in fundamentally unfair competitive conditions, (3) Disclosure Requirements. Consistent with FTA policies, the Recipient must disclose to FTA, and each of its Subrecipients must disclose to the Recipient: (a) Any instances of organizational conflict of interest, or (b) Violations of federal criminal law, involving fraud, bribery, or gratuity violations potentially affecting the federal award, and (4) Failure to Disclose. Failure to make required disclosures can result in remedies for noncompliance, including debarment or suspension. (41) Federal Single Audit Requirements for State Administered Federally Aid #5..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Funded Projects Only
Non Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A 133, “Audits of States, Local Governments, and Non Profit Organizations” (replaced with 2 CFR Part 200,“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” effective December 26, 2014 as applicable). Non Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity’s fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation’s Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. (42) Veterans Preference
a. Veterans Preference. As provided by 49 U.S.C. § 5325(k), to the extent practicable, the Recipient agrees and assures that each of its Subrecipients:
b. Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter 53, and c. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA (43) Safe Operation of Motor Vehicles
a. The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or AGENCY.
b. The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privatelyowned vehicle when on official business in connection with the work performed under this agreement.
(44) Catalog of Federal Domestic Assistance (CFDA) Identification Number. -- The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received.

Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass through entity.
(45) CFDA number for the Federal Transportation Administration. -- Nonurbanized Area Formula (Section 5311) is 20.509. A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” (replaced with 2 CFR Part 200,“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” effective December 26, 2014 as applicable) agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix “ARRA” in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA #5..
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Attachment 6-MOU for Grant Management and
Asset Transfer

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF MODESTO AND

THE STANISLAUS REGIONAL TRANSIT AUTHORITY

FOR THE PROVISION OF GRANT MANAGEMENT SERVICES

AND TRANSFER OF SPECIFIED ASSETS
This Memorandum of Understanding regarding Grant Management Services (“MOU”), dated ____________________ , 2021 for reference purposes, is by and between the City of Modesto, a municipal corporation, (“CITY”) and the Stanislaus Regional Transit Authority, a joint powers agency, (“AUTHORITY”). The Effective Date of this MOU shall be July 1, 2021.

RECITALS
A. WHEREAS, on January 26, 2021, the CITY and Stanislaus County entered into a Joint Powers Agreement (JPA) to form the AUTHORITY for the purpose of operating transit services in Modesto and Stanislaus County as a consolidated entity; and B. WHEREAS, the CITY accepted grant funds from the Federal Transit Administration (FTA) and State of California to operate transit services and procure capital assets related to transit services; and
C. WHEREAS, the CITY is obligated by its funding grantors to complete certain reports, audits and reviews for transit services that occurred during the 2020/21 fiscal year and before; and
D. WHEREAS, CITY will be required to submit these reports after the AUTHORITY begins operations on July 1, 2021; and
E. WHEREAS, there is a lack of Transportation Development Act (TDA) funds for fiscal year 2021/22 for the CITY to accomplish required processes and reporting for funding grantors; and
F. WHEREAS, the CITY intends to retain ownership of the Bus Maintenance Facility (BMF)(1609 8th Street, Modesto, California) and the Downtown Transportation Center (Transit Center)(1001 9th Street, Modesto, California), and transfer rolling stock and bus stop amenity related assets, as set forth in Attachments 1 and 2, to the AUTHORITY; and G. WHEREAS, the FTA is responsible for the funding it provides to jurisdictions from the federal government, and for the satisfactory continuing control of the assets that it provides to transit agencies; and
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H. WHEREAS, the CITY must ensure that FTA funded property will remain available to be used for its originally authorized purpose throughout its useful life until disposition; and
I. WHEREAS, the CITY’s full obligations are described in 2 CFR Parts 200 and 1201, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" and FTA Circular 5010.1E, “Award Management Requirements”; and J.WHEREAS, by accepting the grant awards, the CITY has been obligated to comply with annual and periodic reports, audits and reviews. These tasks include, but are not limited to, following the Annual National Transit Database reports, Comprehensive Reviews (also known as Triennial Reviews), Milestone Progress Reports (MPR), Federal Financial Reports (FFR), Drug and Alcohol Testing Management Information System reports, Annual Fiscal Audits, Federal Funding Accountability and Transparency Act of 2006 reports, Disadvantaged Business Enterprise (DBE) semi-annual reports and other reviews and reports as determined by the FTA; and
K. WHEREAS, the Stanislaus Council of Governments (StanCOG), California Air Resources Board (CARB), and the California Department of Transportation (CalTrans), are responsible for the funding they provide to jurisdictions including funds from the Transportation Development Act (TDA); and
L. WHEREAS, CITY and AUTHORITY desire to enter into this MOU whereby AUTHORITY will assist CITY with the required reporting, audits and reviews required by the CITY’s funding grantors.

NOW THEREFORE, CITY and AUTHORITY agree as follows:

TERMS AND CONDITIONS

1. OBLIGATIONS OF AUTHORITY

1.1. Beginning July 1, 2021, and continuing thereafter unless terminated as provided for in this MOU, AUTHORITY shall assist the CITY with or perform the following functions related to grant management on behalf of CITY as provided herein:

1.1.1. CITY will timely provide all necessary data to assist AUTHORITY in preparing and filing federal and state reports, as necessary, pertaining to the CITY’s operation and funding of public transit prior to or during Fiscal Year 2020/2021. AUTHORITY shall file all reports by the due date.

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1.1.2. CITY will timely notify AUTHORITY of any requested ECHO drawdowns for the benefit of the CITY for the operation and funding of public transit as operated by the CITY prior to or during Fiscal Year 2020/2021 and AUTHORITY shall timely submit such request on behalf of CITY.

1.1.3. AUTHORITY, on behalf of CITY, will respond to inquiries from federal and state agencies regarding the content of any report submitted by AUTHORITY for the operation and funding of public transit as operated by the CITY prior to or during Fiscal Year 2020/2021.

1.1.4. AUTHORITY will obtain from CITY and convey information required for any Federal or State required audit or review for the operation and funding of public transit prior to or during Fiscal Year 2020/2021.

1.1.5. AUTHORITY will reimburse the CITY for the costs required for any fiscal audit of TDA and FTA funds incurred or expended for fiscal year 2020/21. These costs must be invoiced to the AUTHORITY with appropriate documentation from a third-party auditor. Any costs must not exceed $21,000.

1.1.6. AUTHORITY is hereby authorized to act on behalf of CITY in reporting to the National Transit Database (NTD), report on open grants, and close grants in the Transit Award Management System (TrAMS).

1.2. Transit Center Improvements Project.

1.2.1. The Transit Center Improvement Project is a remodel, rehabilitation and upgrade to the historic Southern Pacific railroad station. The project includes improvements to the building interior, the operations center and the building exterior.

1.2.2. The Transit Center Improvements Project is an approximately $5,600,000 project and is fully funded with a combination of FTA, TDA and CalTrans funds. As this project is on-going and anticipated to be completed by December 2022, the CITY will retain these funds required and previously allocated for the improvement project.

1.2.3. The CITY will manage and oversee the improvement project to completion. The AUTHORITY will not be responsible in any manner for project oversight or management.

1.2.4. The AUTHORITY will enter reports and close the grant in TrAMS once the CITY notifies AUTHORITY of project progress.

1.3. The parts room expansion project at the BMF is fully funded with an FTA grant.

As this project is on-going and anticipated to be completed by October 2021, the CITY will DocuSign Envelope ID: 920FF9A6-43A4-471A-A506-9A0B3F8945C1 #5..
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retain this grant and will be responsible for project oversight and management. The AUTHORITY will enter reports and close the grant in TrAMS once the CITY notifies AUTHORITY of project progress. The AUTHORITY will not be responsible in any manner for project oversight or management.

1.4. Unless provided otherwise herein, beginning July 1, 2021, and continuing thereafter, the AUTHORITY shall perform all reporting functions, duties, and requirements on behalf of the CITY in connection with those federal and state grants identified in Attachment 3 hereto which CITY received for the operation and funding of public transit as operated by the CITY prior to July 1, 2021.

2. OBLIGATIONS OF CITY

2.1. The CITY retains all responsibility for compliance with the terms of the grant agreements identified on Attachment 3 until all obligations of each grant have been fulfilled.

Any deficiencies found as part of the on-going oversight process of the grantors will be the responsibility of the CITY. The AUTHORITY will not be responsible for failure of the CITY to comply with grant agreement obligations.

2.2. The CITY will allow reasonable access or provide required information to AUTHORITY to the Transit Award Management System (TrAMS), including the National Transit Database (NTD) section.

2.3. The CITY will allow reasonable access or provide required information to AUTHORITY to the CITY financial systems or provide CITY financial reports needed to carry out any report, audit or review.

2.4. The CITY will allow reasonable access or provide required information to AUTHORITY to the CITY transit data systems or provide CITY transit reports needed to carry out any report, audit or review.

2.5. As directed by the FTA, at the end of fiscal year 2020/21 the CITY agrees to timely seek grant reimbursements for any expenses incurred in fiscal year 2020/21 and then close the grant(s). CITY and AUTHORITY will seek guidance from FTA on closing open CITY grants and AUTHORITY’s ability to re-open grants closed by the CITY or open new grants. If AUTHORITY is unable to re-open any grant(s) identified on Attachment 3, CITY and AUTHORITY shall work with FTA on the process and procedure required to comply with the terms of the affected grant while also allowing the grant funding to be used by AUTHORITY for fiscal year 2021/22 and subsequent fiscal years.
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2.6. Responsibility for CITY Assets

2.6.1. The CITY intends to retain ownership of the federally funded BMF and Transit Center, and the locally funded Amtrak Station, but as of July 1, 2021 will not receive funding directly from the FTA, StanCOG or CalTrans for the maintenance of the facilities.

2.6.2. The satisfactory continuing control of the facilities are a necessary element of federal funding.

2.6.3. CITY and AUTHORITY have entered into separate agreements regarding AUTHORITY’s use of the BMF, Transit Center and Amtrak Station which set out the rights and responsibilities of the parties.

3. TRANSFER OF ROLLING STOCK ASSETS AND EQUIPMENT

3.1. CITY will transfer, convey, assign, and deliver ownership of the assets listed in Attachment 1 and 2 (collectively the “Assets”) to AUTHORITY with an effective date of July 1, 2021. Upon execution of this Agreement, CITY shall deliver to Authority a bill of sale for the Assets, duly executed by CITY, in the form attached hereto as Attachment 4. Upon execution and at any time or from time to time after execution, CITY will execute and deliver any further instruments of conveyance, transfer and assignment and take such other action as AUTHORITY may reasonably request to more effectively convey, transfer and assign to AUTHORITY any of the Assets, to put AUTHORITY in actual possession and operating control of the Assets, to confirm the title of AUTHORITY to the Assets, or to assist AUTHORITY in exercising any rights with respect to the Assets.

3.2. As of July 1, 2021, AUTHORITY will be fully responsible for all aspects of the maintenance and disposition of said assets.

3.3. CITY shall hold AUTHORITY, its agents, officers, employees and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CITY, its agents, officers, employees or volunteers relating to the Assets which act or omission occurred at any time prior to July 1, 2021.

3.4. AUTHORITY shall hold CITY, its agents, officers, employees and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expenses, arising directly or indirectly out of any act or omission of AUTHORITY, its agents, DocuSign Envelope ID: 920FF9A6-43A4-471A-A506-9A0B3F8945C1 #5..
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officers, employees or volunteers relating to the Assets which act or omission occurred at any time on or after July 1, 2021.

4. TERMS OF AGREEMENT

1. This MOU shall commence on July 1, 2021 and continue thereafter until terminated by either party.

2. Either party may terminate this MOU without cause upon providing one hundred (180) days written notice to the other party. Termination of this MOU shall not affect either party’s obligations required under this MOU that are actually and necessarily incurred by the parties prior to the effective date of such termination. Termination of this MOU shall also not affect either party’s ownership or possessory rights with respect to the Assets.

3. Termination of this Agreement shall not affect the term, validity or enforceability of any of the other agreements validly entered into by CITY and AUTHORITY including, but not limited to the Maintenance Services Agreement, the Lease of the Bus Maintenance Facility, the Maintenance Services Agreement for the Transit Center and Amtrak Station and the Lease of the Transit Center.

5. INDEMNITY
Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that other party under this MOU. The parties further agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.

6. NOTICE
Any notice, communication, amendment, addition or deletion to this MOU, including change of address of either party during the term of this MOU, which either party shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

To MODESTO: City of Modesto
Attention: City Manager
1010 10th Street
Modesto, CA 95354
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To AUTHORITY: Stanislaus Regional Transit Authority
Attention: CEO
912 11th St
Modesto, CA 95354

7. AMENDMENT
This MOU may be modified, amended, changed, added to or subtracted from by the mutual consent of all the parties hereto if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU to maintain continuity.

8. ENTIRE AGREEMENT
This MOU supersedes any and all other MOU’s or agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this MOU shall be valid or binding.

9. ADVICE OF ATTORNEY
Each party warrants and represents that in executing this MOU, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

10. CONSTRUCTION
Headings or captions to the provisions of this MOU are solely for the convenience of the parties, are not part of this MOU, and shall not be used to interpret or determine the validity of this MOU. Any ambiguity in this MOU shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this MOU.

11. GOVERNING LAW AND VENUE
This MOU shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this MOU shall have venue in the County of Stanislaus, State of California. *** Signatures contained on next page ***
/ / /
/ / /
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IN WITNESS WHEREOF, the parties have executed this MOU.

CITY OF MODESTO STANISLAUS REGIONAL

TRANSIT AUTHORITY
By _________________ By _______________________
City Manager Chief Executive Officer
ATTEST:

By _________________
Stephanie Lopez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

By _________________ By __________________
Jose M. Sanchez, City Attorney Monica Streeter,
General Counsel for Authority
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E X
Jessica Nunes
Stanislaus Regional Transit Authority
X 09/14/2021
Valerie Fabela
Amendment #1 with Stanislaus Regional Transit Authority for Grant Management Services and Transfer of Specified Assets
X
75339
Finance
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AMENDMENT #1

TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO

AND THE STANISLAUS REGIONAL TRANSIT AUTHORITY FOR THE PROVISION

OF GRANT MANAGEMENT SERVICES AND TRANSFER OF SPECIFIED ASSETS This AMENDMENT #1 to the Memorandum of Understanding between the City of Modesto and the Stanislaus Regional Transit Authority for the Provision of Grant Management Services and Transfer of Specified Assets (“MOU”) dated June 22, 2021, is made and entered into as of September _____ , 2021 between the Stanislaus Regional Transit Authority (“AUTHORITY”), a joint powers agency established under California Government Code section 6500 et seq., and the City of Modesto (“CITY”), a municipal corporation.

A. WHEREAS, AUTHORITY and CITY have entered into that certain MOU dated June 22, 2021 for Grant Management and Transfer of Assets; and B. WHEREAS, AUTHORITY and CITY desire to amend the MOU to allow for additional grant management services and to update the list of assets transferred.

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions contained herein, the parties desire to amend the MOU and agree as follows:

1. A new Section 1.5 is added to the MOU to read in full as follows:

1.5. Rideshare Program.

1.5.1. CITY is a “worksite” subject to the eTRIP rule (Rule 9410, Employer Based Trip Reduction) as adopted by the San Joaquin Valley Air Pollution Control District, which encourages employees to reduce single-occupancy vehicle trips thus reducing pollutant emissions associated with work commutes.

1.5.2. AUTHORITY will implement the eTRIP rule on behalf of CITY by providing the services described in the “Rideshare Scope of Work”, attached hereto as Exhibit A.

1.5.3. CITY currently utilizes three Congestion Mitigation and Air Quality Improvement (“CMAQ”) grant funding sources for implementation of the eTRIP rule.

AUTHORITY will (i) invoice CITY for the CMAQ grant funds on a monthly basis until all funds are expended; (ii) timely prepare and submit to CalTrans the required grant funding reports at a required frequency of no less than once every six (6) months and no more than once (1) per month; (iii) AUTHORITY will prepare grant closeout documentation when the grant funds are fully spent; (iv) AUTHORITY will submit to the CITY all grant required reports for review prior to submittal to CalTrans; and (v) when the CMAQ grant funds held by CITY are expended, DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E 14th
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AUTHORITY will apply for funding directly to operate the program on behalf of the CITY and the provision of such services will be memorialized in a separate agreement.

1.5.4. CITY retains all responsibility for compliance with the terms of the CMAQ grants and eTRIP rule until all obligations of the CMAQ grants and eTRIP rule have been respectively fulfilled. The AUTHORITY will not be responsible for failure of the CITY to comply with CMAQ grant agreement obligations.

1.5.5. CITY will allow reasonable access or provide required information to AUTHORITY to allow AUTHORITY to carry out and complete the Rideshare Scope of Work and to complete the required grant funding reports.

2. A new Section 1.6 is added to the MOU to read in full as follows:

1.6. Transit Center Video Surveillance System

1.6.1. CITY authorizes AUTHORITY to utilize CalOES Grant No. 6961- 0002 to purchase and install a video surveillance system at the Transit Center. AUTHORITY, in its reasonable discretion, shall identify the required specifications, products, services, and vendor, subject to applicable purchasing rules, of the video surveillance system to meet AUTHORITY needs and ensure compatibility with other AUTHORITY systems and programs.

1.6.2. AUTHORITY will invoice CITY for all expenses associated with the video surveillance system and timely prepare and submit the required grant funding semiannual progress reports and grant closeout reports to CalOES. The AUTHORITY will submit to the CITY all grant required reports for review prior to submittal to CalOES.

1.6.3. CITY retains all responsibility for compliance with the terms of the CalOES grant until all obligations of the grant have been fulfilled. The AUTHORITY will not be responsible for failure of the CITY to comply with grant obligations.

1.6.4. CITY will allow reasonable access or provide required information to AUTHORITY to allow AUTHORITY to carry out and complete the required grant funding reports.

3. A new Section 1.7 is added to the MOU to read in full as follows:

1.7. Low Carbon Transit Operations Program (LCTOP) – Free Fares

1.7.1. Low Carbon Transit Operations Program (“LCTOP”) is a program established by Senate Bill 862 to provide operating assistance to transit agencies to reduce greenhouse gas emissions and improve mobility. The Stanislaus Council of Governments DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E #5..
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(“StanCOG”) is the designated recipient of LCTOP funds for the Stanislaus region and previously separate state allocations were also made directly to Stanislaus County and the cities of Modesto, Ceres and Turlock for transit operations projects. With the creation of AUTHORITY, Stanislaus County and CITY will no longer be eligible recipients of LCTOP funds.

1.7.2. CITY agrees to transfer to AUTHORITY any and all LCTOP funds, Grant No. 19-20-D10-149 Free Fares Project, in its possession so AUTHORITY can provide a free fares program to AUTHORITY riders. CITY agrees to work with AUTHORITY to complete any required LCTOP applications and reports as outlined in the LCTOP guidelines.

1.7.3. AUTHORITY will be an eligible recipient of LCTOP funds for the Fiscal Year 2021/2022 allocation and will work with StanCOG to receive available funding and utilize those funds to continue the regional free fares program.

4. A new Section 1.8 is added to the MOU to read in full as follows:

1.8. Tire Carousel and Parts Storage Room Expansion Projects at the Bus Maintenance Facility

1.8.1. CITY purchased a tire carousel for the Bus Maintenance Facility but due to delays associated with the COVID-19 pandemic, the tire carousel was not received prior to June 30, 2021. Due to the timing delay, CITY will use existing FTA grant CA-04-0198 to pay for the tire carousel project.

1.8.2. CITY has carry-over Local Transportation Fund (LTF) funds of which it intends to use approximately $18,100 for the Bus Maintenance Facility parts storage room expansion project. At the conclusion of the expansion project, any remaining LTF funds held by CITY, the balance of which will be confirmed during the annual audit, will be transferred to AUTHORITY.

1.8.3. CITY retains all responsibility for compliance with the terms of the FTA grant and LTF funds. AUTHORITY will not be responsible for failure of the CITY to comply with the grant agreement obligations.

5. A new Section 2.7 is added to the MOU to read in full as follows:

2.7. Purchase of Replacement Busses

2.7.1. At the direction of the FTA, Grant CA-2021-003-00 will be retained by the CITY. This grant contains Federal Fiscal Year 2018 Section 5339 funds that would lapse if the grant were closed and re-awarded to the AUTHORITY. The FTA suggested that the CITY retain the grant and contract with the AUTHORITY to purchase replacement buses using the grant funding.

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2.7.2. The CITY agrees to pass through these grant funds to the AUTHORITY. The AUTHORITY will conduct a procurement consistent with its procurement policy and the FTA procurement requirements. After payment to the vendor for the buses, the AUTHORITY will invoice the CITY for the cost of the buses to the maximum amount available under the grant. The CITY will promptly remit reimbursement to the AUTHORITY.

2.7.3. The AUTHORITY will own the buses purchased with this grant.

2.7.4. As described in Section 1.1.2 and 1.1.6, the AUTHORITY will be responsible for the ECHO drawdowns, quarterly grant reporting, and grant closing as needed for this grant on behalf of the CITY. All of the aforementioned documents and reports will be submitted to CITY for review prior to submittal by AUTHORITY. The AUTHORITY will make available all documentation, Federal Financial Reporting (FFRS), Milestone Progress Reporting (MPRS), and ECHO drawdowns as requested by the CITY for audit purpose.

6. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with additions underlined):

Under the list of “Equipment”, the following VIN is added:

Asset
Number
Description Parent
Asset
Number
Asset
Category
Location Tag Date
Placed in
Service
53885 BUS STOP MAINTENANCE
TRUCK 2017
F450 One-Ton Truck, Extra
Cab (Transit)
VIN 1FD0X4GY8HED70265
C.BUS MTC
FACILITY.00
.NONE
41706 5-Feb-2018

7. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with deletions in strikethrough):

Under the list of “Rolling Stock”, the following rolling stock is removed:

VEHICLE
NUMBER

VEHICLE
YEAR

VEHICLE
MAKE

VEHICLE

DESCRIPTION

VEHICLE IDENTIFICATION

NUMBER (VIN)
21102 2011 FORD E450 1FDFE4FS9BDB26876
21603 2016 DODGE CARAVAN 2C4RDGC67FR713506
21904 2019 ARBOC SPIRIT OF

MOBILITY
1HA6GUBG3JN009458
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8. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with deletions in strikethrough):

Under the list of “Equipment”, the following equipment is removed:

Asset
Number
Description Parent
Asset
Number
Asset
Category
Location Tag Date
Placed in
Service
30899-00 FORD F-150 HALF-TON
PICKUP
30899-
00 EQUIP CA.CORP

YARD BLDG
3A.00.FLEET
30899-
00 21-Aug2008
31006 2017 Club Car Carryall 510
Utility Vehicle (Project
#100964)
31006 EQUIP CA.BUS.00.

NONE
51703 29-Nov2016
40896-00 2008 FORD F-550 TRUCK 40896-
00 EQUIP CA.CORP

YARD BLDG
3A.00.FLEET
40896-
00 11-Dec2008

9. Attachment 3 – “FTA Grants” to the MOU is hereby amended in part as follows (with additions underlined):

Under the list of Grants, the following grant information is updated:

FAIN Funding Disbur
sement
Available
Funds
Start End Purpose Grant Status on
July 1, 2021
In Process
2021-003-
00 $2,006,514 1656-2020-3
2021-003-00 FY18, FY
19, FY 20 5339 Bus
Replacement
Grant to be
retained closed
by the City, and
reopened by the
StanRTA

10. Except as modified by this Amendment #1, the MOU shall remain unchanged and is in full force and effect.

11. The terms and provisions of this Amendment #1 are incorporated by reference into the MOU as though set forth in full therein.

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12. This Amendment #1 may be executed in any number of counterparts with the same effect as if the parties had all signed the same document, and which together shall constitute one and the same instrument.

13. Each party agrees that this Amendment #1 may be electronically signed and that any electronic signatures appearing on this Amendment #1 are the same as handwritten signatures for purposes of validity, enforceability and admissibility.

IN WITNESS WHEREOF, this AMENDMENT #1 has been executed hereto as of the day and year written above.

CITY OF MODESTO
By: _________________________________
Joseph P. Lopez
City Manager

STANISLAUS REGIONAL TRANSIT

AUTHORITY
By:__________________________________
Philip McGuire
Chief Executive Officer
ATTEST:

By:__________________________________
Stephanie Lopez
City Clerk
APPROVED AS TO FORM:

By:__________________________________
Jose M. Sanchez
City Attorney
APPROVED AS TO FORM:

By: _________________________________
Monica Streeter
General Counsel
DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E 9/24/2021
By: Dana Sanchez
For: Stephanie Lopez, City Clerk

ATTEST (SEAL)
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EXHIBIT A

RIDESHARE SCOPE OF WORK
The Air District Rule 9410 (Employer Based Trip Reduction, eTRIP Rule) requires all larger employers in the San Joaquin Valley to maintain a Trip Reduction Implementation Plan(eTRIP).

The goal is to encourage employees to reduce single-occupancy vehicle trips, thus reducing pollutant emissions associated with work commutes. The required components of the plan include: Marketing, Program Support, Services and Facilities and Transportation, Alternative Schedules and Incentives. eTRIP requires participation in all four categories.

The StanRTA will provide the services below for the City of Modesto to comply with the eTRIP rule.
 Coordinate public events, such as Bike to Work Day and other public events to promote bicycling as an alternative mode of transportation. Participate in various events to encourage and educate about cycling and alternative transportation.  Administer grant funding for City of Modesto CMAQ grants. (Includes grant application, grant closeout, oversight and administration of all funds used for all Rideshare costs, including free bus rides for City of Modesto employees.)  Distribute Annual Employee Rideshare Survey to help assess the Rideshare activities at the City of Modesto worksites, determine the Average Vehicle Ridership and provide required report for Air District Rule 9410.
 Participate as a member of the Safe Kids Stanislaus Coalition in Modesto, attending monthly general meetings. Participate in safety events and promote Family Cycling Festival, Bike to Work Day and any other applicable events.
 Work alongside with Dibs to promote and provide Guaranteed Ride Home Program and Carpool Ridematching services to City of Modesto employees.  Manage assignment of enclosed bike lockers and clothing lockers to city and county employees who run, walk or ride their bike to work.
 Send monthly Rideshare Team Emails to City employees, which include a representative from each department to pass along information and develop new ideas and strategies to encourage employees to rideshare.
 Promote California Rideshare Week. Provide incentives/campaign to encourage walking, riding the bus, biking to work or carpooling.
 Communicate by e-mail and/or telephone any concerns or questions that employees have about carpooling, bicycling, public transit, etc.
 Promote the SJVAPCD’s Check Before you Burn, Clean Green Yard Machine and other Air District outreach programs.
 Attend City of Modesto New Employee Orientation. Present Rideshare information, distribute a newsletter with City of Modesto rideshare information and provide rideshare incentives.

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09/14/2021/Finance/DChristensen/Item 7 1 2021-360

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-360
RESOLUTION APPROVING AMENDMENT #1 TO MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF MODESTO AND THE

STANISLAUS REGIONAL TRANSIT AUTHORITY FOR GRANT

MANAGEMENT SERVICES AND TRANSFER OF SPECIFIED ASSETS, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AMENDMENT
WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on June 22, 2021, by Resolution 2021-250, Council approved the Memorandum of Understanding with the Stanislaus Regional Transit Authority to provide grant management services and transfer transit-related assets, and authorizing the City Manager, or his designee, to sign the Memorandum of Understanding and take action to transfer assets, and
WHEREAS, the transition of transit services from the City to the Authority and the transfer of assets occurred on July 1, 2021, and
WHEREAS, during the transition of grant functions and initial operations of Stanislaus Regional Transit Authority, certain updates to the grant and funding services were discovered, and
WHEREAS, Amendment #1 to the MOU provides updates to grant management functions and procurement of equipment and rolling stock between the City of Modesto and the Authority, and
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10/04/2022/Finance/DChristensen/Item 10 1 2022-406

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-406
RESOLUTION APPROVING AMENDMENT #1 TO THE FACILITY AND

FLEET MAINTENANCE AGREEMENTS BETWEEN THE CITY OF MODESTO

AND THE STANISLAUS REGIONAL TRANSIT AUTHORITY AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AMENDMENTS
WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on June 22, 2021, by Resolution 2021-251, Council approved the various agreements with the Stanislaus Regional Transit Authority to transition City transit services to the Stanislaus Regional Transit Authority, and WHEREAS, the transition of transit services from the City to the Authority and the transfer of assets occurred on July 1, 2021, and
WHEREAS, during the transition of operations to the Stanislaus Regional Transit Authority, certain updates to the facility and fleet maintenance agreements were discovered, and
WHEREAS, Amendment #1 to the facility and fleet maintenance agreements grants the City Manager and Executive Director authority to approve minor amendments to the agreement without further approval from the governing board of the City or Stanislaus Regional Transit Authority, and
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updated various rates charged to Stanislaus Regional Transit Authority to capture changes in labor costs and discretionary expenses, and
WHEREAS, Amendment #1 to the fleet maintenance agreement allows the City of Modesto to recoup costs for expenses not fully captured by the hourly maintenance rate and fixed management and staff support rate, or issue payment to Stanislaus Regional Transit Authority if payments received exceed true costs at fiscal year-end.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves Amendment #1 to the facility and fleet maintenance agreements between the City of Modesto and Stanislaus Regional Transit Authority.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the amendments, in a form approved by the City Attorney. #5..
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10/04/2022/Finance/DChristensen/Item 10 3 2022-406
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of October, 2022, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Vice-Mayor Wright, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 26, 2024
Date: January 19, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:

Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn. The old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures.

Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA). Improvements will include new sidewalks, curb & gutter, lighting, and storm drainage. Due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24. The project must be bid by Summer 2024 to meet this deadline. #6..
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Finance Committee, February 26, 2024
Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project