Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
June 5, 2024
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.
Watch meetings on-line:
All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.
Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented.
CITY COUNCIL
Eric A. Bruen, Mayor
Solomon P. Rajaratnam, Mayor Pro-Tem
Kyle Blades, Vice Mayor
L. Scott Hayman, Council Member
John ‘Skip’ Gorman, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, June 5, 2024 Regular Session – 6:00 p.m.
CALL TO ORDER - Roll call
APPROVAL OF AGENDA
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
PRESENTATIONS
Inyokern Air Service Study Update Scott O’Neil
Code Enforcement Presentation Tucker
Pinney Pool Update Strand
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated May 15, 2024 Charlon
2. A Resolution Of The City Of Ridgecrest City Council To Adopt A Road Project List For Fiscal Year 2024-2025 Partially Funded By SB1: The Road Repair And Accountability Act Of 2017 Reed
3. A Resolution Authorizing The Submission Of The Fiscal Year 2022-2023 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments Reed
4. Grant Acceptance For A Grant Awarded From The Off-Highway Motor Vehicle Recreation Division With The California Department Of Parks And Recreation Tucker
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – June 5, 2024
5. Authorization For The City Manager, Ron Strand To Sign The Notice Of Completion For The Emergency Well Rehab Project Located In Freedom Park; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Eight Thousand Eight Hundred Dollars And Zero Cents ($8,800.00) To The Contractor, Water Well Service Inc. Within Thirty (30) Days After Recordation Of The Notice Of Completion Wegener
6. Authorization For The City Manager, Ron Strand To Sign The Notice Of Completion For The Installation Of A Mow Curb And French Drain System Located At The Splash Pad; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Three Thousand Five Hundred And Twenty-Five Dollars And Zero Cents ($3,525.00) To The Contractor, CLC Construction Inc. Within Thirty (30) Days After Recordation Of The Notice Of Completion Wegener
PUBLIC HEARING
7. Public Hearing And Adoption Of Resolution Of The City Council Of The City Of Ridgecrest, California Declaring Its Intent To Levy And Collect Assessments Within The City Of Ridgecrest Drainage Benefit Assessment District No. 2016-1, Pursuant To The Provisions Of The Benefit Assessment Act Of 1982; Review Of The Preliminary Engineers Report And Authorization To Finalize Said Report For Fiscal Year 2024/2025 Reed
8. Public Hearing And Adoption Of Resolution Of The City Council Of The City Of Ridgecrest, California Declaring Its Intent To Levy And Collect Assessments Within The Consolidated Landscaping And Lighting District No. 2012-1, Review Of The Preliminary Engineers Report And Authorization To Finalize Said Report For Fiscal Year 2024/2025 Reed
DISCUSSION AND ACTION ITEMS
9. A Resolution Regarding The Annual Assessments For The Drainage Benefit Assessment District No. 2016-1 (The “District”); And Adoption Of The Resolution (1) Approving The Annual Engineer’s Report And (2) Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025 Reed
10. A Resolution Regarding The Annual Assessments For The Consolidated Landscaping And Lighting District No. 2012-1 (The “District”); And Adoption Of The Resolution (1) Approving The Annual Engineer’s Report And (2) Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025 Reed
11. A Resolution Of The Ridgecrest City Council Approving A Community Development Activity Agreement (CD#17.22.1) With The County Of Kern For Funding For Skate Park Shaded Seating Area Project In The Amount Of $108,346, And Accepting The Terms Of The Receipt Of (CDBG) Funds And Authorizing The City Manager To Sign The Agreement Wegener
12. A Resolution To Amend A Professional Services Agreement With Willdan Engineering Inc. For $28,600.00 To Provide Additional Design For The Extended Project Limits For The Bowman Channel Between S. Norma St. And S. China Lake Blvd. Reed
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – June 5, 2024
COMMITTEE REPORTS
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Next meeting June 6, 2024
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Report from June 3, 2024
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Next meeting June 11, 2024
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4
th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Next meeting June 27, 2024
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1
st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from June 4, 2024
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.
Location: California Welcome Center
➢ Next meeting June 26, 2024
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated May 15, 2024
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated May 15, 2024
FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: June 5, 2024
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT MINUTES
Wednesday, May 15, 2024 Regular Session – 6:00 p.m.
This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by the Ridgecrest City Successor Agency/Financing Authority/Housing Authority. Meetings are recorded solely for the purpose of preparation of minutes.
ROLL CALL – 6:00 p.m.
Council Present: Mayor Pro-Tem Solomon P. Rajaratnam; Vice Mayor Kyle Blades; Council Member L. Scott Hayman; Council Member Skip Gorman
Absent: Mayor Eric A. Bruen
Staff Present: City Attorney M. Koczanowicz; City Clerk Charlon; PW Director Reed; Acting Chief Tucker; City Planner Spurlock; Transit Supervisor Smith APPROVAL OF AGENDA - Motion To Approve Agenda – Blades - Hayman 4 Ayes; 1 Absent NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Council Member Rajaratnam seconded the motion. Ayes, Noes, Absents, Abstentions follow.
REGULAR SESSION
PRESENTATIONS
1. Presentation Of Proclamations Council
• Emergency Medical Services (EMS) Week
o Liberty Ambulance
o Ridgecrest Regional Hospital
o Kern County Fire
o Ridgecrest Police
• Police Week
• Public Works Week
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – Unknown caller; R. Westa-Lusk;
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
2. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated May 1, 2024 Charlon
3. A Resolution to Approve the FY24-25 Rate Adjustment Request for Solid Waste Services Strand
4. Authorization For The City Manager To Execute The Notice Of Completion (NOC) For The West Ward Ave. Street Rehabilitation Project Phase II, Federal Project No. Stpl-5385(075); For The City Clerk To File The NOC And City Staff To Release Retention In The Amount Of One-Hundred And Eleven Thousand Seven-Hundred And Thirty-Two Dollars And Sixty-Three Cents ($111,732.63) To Griffith Construction Thirty (30) Days After Recordation Reed
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – May 15, 2024
5. A Resolution Of The City Council Of The City Of Ridgecrest Authorizing: An Application for Federal Funding for Fiscal Year 2024 In The Total Amount of One Hundred Sixty Nine Thousand Two Hundred And Eighty Nine Dollars ($169,289); The City Manager To Sign And File The Application; And Execute And File All Certification Of Assurances, Contracts Or Agreements; And Designate The Transit Services Coordinator to Both Provide Additional Information In Connection With The Application For The Section 5311 Project(s) And To Submit And Approve Requests For Reimbursement Of Funds From The Department For The Section 5311 Project(s) Smith
6. Initializing Staff To Prepare An Engineers Report For The Intent To Levy And Collection Of Assessments For Consolidated Landscape And Lighting District 2012-1 For Fiscal Year 2024/2025, Pursuant To The Provisions Of Part 2 Of Division 15 Of The California Streets And Highways Code; And The Announcement Of A Public Hearing On June 5, 2024 For The Proposed Assessment Reed
7. Initializing Staff To Prepare An Engineers Report For The Intent To Levy And Collection Of Assessments For Drainage Benefit Assessment District 2016-1 (The “District”) For Fiscal Year 2024/2025, Pursuant To The Provisions Of The Benefit Assessment Act Of 1982, Being Chapter 6.4 Of The California Government Code; And The Announcement Of A Public Hearing On June 5, 2024 For The Proposed Assessment Reed
Item 3 pulled by Blades
Motion To Approve Consent Calendar Items 2, 4 - 7 – Blades – Gorman 4 Ayes; 1 Absent Item 3 staff report reviewed
Public comment – none
Motion To Approve Consent Calendar Item 3 – Blades – Hayman 4 Ayes; 1 Absent
DISCUSSION AND ACTION ITEMS
*Vice Mayor Blades took over meeting – Rajaratnam recused himself and leaves chambers for this item
8. Offer Of A Private Party To Acquire Successor Agency Land: Approximately 1.46 Acres Within The Ridgecrest Business Park (APN: 033-070-28) And Approval Of Resolution Spurlock Public comment – R. Westa-Lusk
Motion To Approve– Hayman – Gorman 3 Ayes; 1 Absent; 1 Recused (Rajaratnam) *Rajaratnam returns to chambers and leads meeting
9. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman
Public comment – R. Westa-Lusk
10. A Resolution Of The City Council Of The City Of Ridgecrest Adopting A Position Description For A Part-Time Community Development Clerk Into The Classification Plan Reed Public comment – None
Motion To Approve – Blades – Gorman 4 Ayes; 1 Absent
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – May 15, 2024
11. A Resolution To Accept Supreme Courts Construction As A Sole Source Bidder, Award A Construction Contract To Supreme Courts Construction To Construct The Leroy Jackson Tennis Court Improvement, Allocate Six-Hundred & Fifty Thousand Three Hundred And Twenty-Four Dollars And Zero Cents ($650,342.00) From Identified Funds, And Authorize The City Manager, Ronald Strand, To Execute The Contract And Amendment Reed Update reso to reflect correct amount of $650,244.00 by Reed Public comment – None
Motion To Approve with said change – Hayman – Gorman 4 Ayes; 1 Absent
12. A Resolution Of The City Of Ridgecrest Approving Contract Change Orders Number One Through Fourteen; And Quantity Adjustments Through April 25th, 2024 In The Amount Of $750,000.00 For The Phase II Sewer Rehab Project. Said Adjustments Are For Contract Additions, Unknown At The Time Of Bidding; And Work Necessary To Facilitate A Complete Project; Thereafter Authorize The City Manager, To Sign Said Change Orders Reed
Request to reflect change of amount to $1million requested by Reed Public comment – None
Motion To Approve – Blades – Gorman 4 Ayes; 1 Absent
13. A Resolution To Amend A Professional Services Agreement With Willdan Engineering Inc. In The Amount Of $140,446.00 To Include Additional Inspection And Construction Management Time For The Phase II Sewer System Rehabilitation Project; And Authorize The City Manager To Execute The Amendment Reed
Public comment – None
Motion To Approve – Blades – Hayman 4 Ayes; 1 Absent
COMMITTEE REPORTS
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.
Location: California Welcome Center
➢ Next meeting May 22, 2024
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4
th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Next meeting May 23, 2024 – canceled due Budget hearing on this date City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ May 2, 2024 - Canceled
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Report from May 6, 2024
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – May 15, 2024
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1
st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from May 7, 2024
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Report from May 14, 2024
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
Discussed and agreed to canceling of July 3rd meeting
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:34 p.m.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Of Ridgecrest City Council To Adopt A Road Project List For Fiscal Year 2024-2025 Partially Funded By SB1: The Road Repair And Accountability Act Of 2017
PRESENTED BY: Travis Reed, Public Works Director
SUMMARY:
Senate Bill SB1, “The Road Repair and Accountability Act of 2017” provided much needed funding for maintaining streets, roads and highways throughout the State of California. One step in becoming eligible to receive these funds each year is for the City of Ridgecrest to adopt by resolution a proposed work plan that will be funded using SB1 funding.
The 2024/2025 work plan is submitted with this resolution. Changes to the work plan are likely but do not revoke eligibility. As long as the City is eligible and the work completed using the funding is within the guidelines, then use of Road Maintenance and Rehabilitation Account (RMRA) funding will be approved by the California Transportation Commission (CTC).
Once the resolution is signed and forwarded to the CTC, our submittal will be reviewed and when approved the City will become eligible to receive funds in the 2024/2025 fiscal year.
FISCAL IMPACT: In the 2024/2025 fiscal year it is estimated that this funding will provide approximately $713,643.00 to improve our City’s streets.
ACTION REQUESTED: Approve Resolution To Adopt A Road Project List For Fiscal Year 2024-2025 Partially Funded By SB1: The Road Repair And Accountability Act Of 2017 CITY MANAGER’S RECOMMENDATION:
Submitted by: Lovette Alligood, Administrative Analyst II Action Date: June 5, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY OF RIDGECREST CITY COUNCIL TO ADOPT A ROAD PROJECT LIST FOR FISCAL YEAR 2024-2025 PARTIALLY FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Ridgecrest are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and, WHEREAS, the City of Ridgecrest must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and, WHEREAS, the City of Ridgecrest, will receive and estimated $713,643 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and,
WHEREAS, this is the sixth year in which the City of Ridgecrest is receiving SB 1 funding and will enable the City of Ridgecrest to continue essential road maintenance and rehabilitation projects, for the traveling public that would not have otherwise been possible without SB 1; and, WHEREAS, the City of Ridgecrest has undergone a robust public process by presenting this program to Council and the City’s Infrastructure Committee, to ensure public input into our community’s transportation priorities/the project list; and, WHEREAS, the City of Ridgecrest used a Pavement Management System when developing the SB 1 project list to ensure revenues are being used on the highest priority and cost-effective projects that also meet the communities priorities for transportation investment; and, WHEREAS, the funding from SB 1 will help the City of Ridgecrest maintain and rehabilitate 8 streets in eight neighborhoods within the City this year and hundreds of similar projects into the future; and,
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of Ridgecrest’s streets and roads overall are in an fair to good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and, WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, and using cutting-edge technology, materials and practices, will have significant positive benefit; and, WHEREAS, the improvements made to these neighborhoods will bring roads that have not been touched for the last 30 years back from a poor to failed condition to an average/good condition; and,
WHEREAS, all the roads listed below have either been prepared or will be before they are resurfaced; and,
Resolution 24-XX Page 2 of 2
WHEREAS, all the roads listed below will receive at least a slurry coat, which will add between 6 and 7 years of life; and,
WHEREAS, for fiscal year 2024-2025 the list of projects will be at least partially funded with Road Maintenance and Rehabilitation Account revenues include:
2024/2025 Paving Program
The 2024/25 Paving Program will encompass * streets of full depth grind and repaving. This project cost far exceeds the funding received by more than two times. The 24/25 paving program will also include numerous slurry sealed streets which is a preventative measure utilized to preserve existing asphalt infrastructure. Below is the list of planned streets for full paving reconstruction.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that The City of Ridgecrest City Council adopts a road project list for fiscal year 2024-2025 partially funded by SB1: The Road Repair and Accountability Act of 2017.
APPROVED AND ADOPTED this 5
th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
Eric A Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Authorizing The Submission Of The Fiscal Year 2022-2023 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments PRESENTED BY: Christopher Smith, Transit Services Coordinator SUMMARY:
The Transportation Development Act is a statewide program that added a quarter cent sales tax for the purpose of funding transit needs within local jurisdictions throughout the state. Those funds are distributed to regional transportation planning agencies (RTPA) who are responsible for the allocation and distribution of the said funds to local transit systems. Pursuant to California Government Code Section 29532, the Kern Council of Governments (Kern COG) is the designated regional transportation planning agency for purposes of administering the Act within the Kern County region.
TDA allows that a certain portion of those funds be retained by the RTPA for administration purposes, and a certain amount may be retained for pedestrian and bicycle transportation improvements. The balance of the funds is available to the local transit systems, with the provision under Article 4 of the Act that if there is money left over after the needs of the local transit systems have been met and unmet transit needs have been addressed, the remaining funds shall be distributed to the City and County for road maintenance purposes under an established formula.
The approval of this item will allow the Public Works Director to submit the attached claim to Kern COG.
FISCAL IMPACT: Provides a reimbursement of Streets and Road repair funding in the amount of $3,323,702.
ACTION REQUESTED: Approval Of A Resolution Authorizing The Submission Of The Fiscal Year 2022-2023 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments
CITY MANAGER’S RECOMMENDATION:
Submitted by: Travis Reed, Public Works Director Action Date: June 5th, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-
A RESOLUTION OF THE RIDGECREST CITY COUNCIL AUTHORIZING SUBMISSION OF THE FISCAL YEAR 2022-2023 TRANSPORTAION
DEVELOPMENT ACT CLAIM TO THE KERN COUNCIL OF
GOVERNMENTS
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and, WHEREAS, the Kern Council of Governments (KernCOG) is designated as the Transportation Planning Agency for the City of Ridgecrest to receive claims for approval pursuant to TDA rules and regulations; and,
WHEREAS, KernCOG has adopted funding of apportionment for the Local Transportation Funds for Fiscal Year 2022-2023; and,
WHEREAS, after transportation needs have been met, any unused funds may be used for streets and roads improvements.
NOW, THEREFORE, BE IT RESOLVED that the attached Fiscal Year 2022-2023 TDA Article 4 claim be hereby approved and that the Public Works Director is hereby authorized to forward the claim to KernCOG.
APPROVED AND ADOPTED, this the 5th day of June, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
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Amount
$ 67
$ 4,038,181
$ 1,467,954
$ 45,401
$ 2,280
$ 5,553,883
$ -
$ 1,647,686
$ 45,401
$ 3,860,796
$ 3,323,769
$ 3,323,769
FY 2022-2023 NET CLAIM AMOUNT (Line M - Line A) $ 3,323,702 O. DEFERRED REVENUES OR FUND BALANCE AT JUNE 30, 2023
(Line G-M-N1)
For Fiscal Year 2022-2023
1. Local Transportation Fund
2. Regional Planning Contribution
balances through June 30, 2023.
C. FY 2022-2023 Trust Fund Apportionments - (from Kern COG estimate) D. FY 2022-2022 Interest Earned - estimated interest earnings on claimant cash B. Trust Fund Balances at June 30, 2023
1. Local Transportation Fund
E. TOTAL ESTIMATED FY 2022-2023 AVAILABLE RESOURCES
(Line A+B1+C1+C2+D)
TRANSPORTATION DEVELOPMENT ACT
STREETS AND ROADS CLAIM
Part 4 of 6 - Object Budget
Account/Description
I. Prior Year Available Resources
A. Available Resources - estimated unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2023 (from Part 3, Line L) II. FY 2022-2023 Planning & Transit Allocations
F. Local Transportation Fund
G. NET ESTIMATED PRIOR YEAR AVAILABLE RESOURCES (Line E-F1-F2) III. FY 2022-2023 Estimated Expenditures
1. Public Transit (from transit claim)
2. Regional Planning Contribution (from Fund Estimate, Schedule B) N. Capital Outlay Reserve Allocations
1. Local Transportation Fund
L. Other
M. TOTAL FY 2022-2023 ESTIMATED EXPENDITURES-Itemize in Part 5 (Line H+I+J+K+L)
H. Administration and Engineering
I. Maintenance
J. Construction
K. Equipment
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Grant Acceptance For A Grant Awarded From The Off-Highway Motor Vehicle Recreation Division With The California Department Of Parks And Recreation PRESENTED BY: Aaron Tucker, Captain
SUMMARY:
The Off-Highway Motor Vehicle Recreation Division with the California Department of Parks and Recreation has awarded funding to the City of Ridgecrest Police Department in the amount of $43,509.00. This grant is to be administered by the Ridgecrest Police Department.
The OHV (Off-Highway Vehicle) grant program will provide funding for maintaining current department OHV equipment, provide training regarding the use of the equipment, and provide overtime funding for OHV enforcement for the Ridgecrest Police Department. The grant will also provide funding for educating local youth in safe and responsible OHV activities within our area. Grant funding will also be used to support the police department activities with local OHV events.
The grant period begins October 1
st, 2023 and ends September 30th, 2024.
The grant requires at least 25% in part matching funds and the total project cost is $60,512.00. The grant funding will provide $43,509.00 of the total project cost and the city will provide approximately $17,003.00 towards the project with “in-kind” services and approximately $5000.00 of capital to help purchase and outfit the new OHV trailer. The inkind services will include reserve officers, PACT volunteers, minimal use of city of vehicles (ATV’s), and the indirect administrative cost to operate the OHV project. The $5000.00 is expected to be drawn from the fleet vehicle repair account.
FISCAL IMPACT:
Approximate revenue to the city in the amount of $43,509.00.
ACTION REQUESTED:
Approval of Resolution.
CITY MANAGER’S RECOMMENDATION:
Action as requested:
Submitted by: Captain Aaron Tucker Action Date: June 5
th, 2024
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RESOLUTION NO. 22-66
A RESOLUTION OF THE RIDGECREST CITY COUNCIL AUTHORIZING
ACCEPTANCE OF THE STATE OF CALIFORNIA, OFF-HIGHWAY VEHICLE (OHV) GRANT
WHEREAS, the people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for planning, acquiring, developing, operating, conserving and maintaining off-highway vehicle recreation; and,
WHEREAS, the Off-Highway Motor Vehicle Recreation Division within the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and,
WHEREAS, procedures established by the California Department of Parks and Recreation to certify by resolution the approval of applications before submission to the State; and, WHEREAS, the Ridgecrest Police Department wishes to accept a grant for the funds to maintain our current OHV equipment and conduct educational and enforcement programs; and, WHEREAS, the Ridgecrest Police Department is receiving grant funding in the amount of $60,512.00 with a mix of in-kind match and capital funds in the amount of $17,003.00; and, WHEREAS, this grant period begins October 1, 2023 and ends September 30, 2024, and; WHEREAS, this project appears on, or is in conformity with, this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding this project.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Certifies that this agency understands its legal obligations to the State upon approval of the grant; and,
2. Certifies that the project will be well-maintained during its usual life; and,
3. Certifies that this agency will implement the project with diligence once funds are available and a Project Agreement has been consummated between the State and Ridgecrest Police Department.
BE IT FURTHER RESOLVED, that the City Council of the City of Ridgecrest authorizes the City Manager, or his designee, to approved this grant with the Off-Highway Motor Vehicle Recreation Division within the California Department of Parks and Recreation, and to sign and execute any and all documents relating to the grant award, including amendments, and is authorized to make any necessary adjustments to the FY24 budget.
APPROVED AND ADOPTED THIS 5
th day of June, 2024, by the following vote.
AYES:
NOES:
ABSENT:
___________________________
Eric Bruen, Mayor
ATTEST:
_______________________
Ricca Charlon
City Clerk
This Page Intentionally Left Blank
5 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Authorization For The City Manager, Ron Strand To Sign The Notice Of Completion For The Emergency Well Rehab Project Located In Freedom Park; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Eight Thousand Eight Hundred Dollars And Zero Cents ($8,800.00) To The Contractor, Water Well Service Inc. Within Thirty (30) Days After Recordation Of The Notice Of Completion
PRESENTED BY: Nerissa Wegener, Parks and Recreation Director SUMMARY:
The Contractor, Water Well Service Inc., has finished the emergency well rehab project that consisted of brushing, bailing, and removal of debris to clean the well. Perform packer assisted air lifting using a 4" trim pipe to further cleanse the well. Video camera inspection post rehab to assess well integrity. Install a new ~6.9" SDR 17 PVC liner for structural support. Install new pump and a special silica mix filter pack for improved filtration. Seal the well with a new well seal to prevent contamination.
There was one Change order that consisted of Demolishing the well head and concrete slab.
Remove the gravel tube. Seal the hole and level the area and complete framing. Install a 10- sack concrete slurry. Remove all existing pipes and plumbing from the old well to the pressure tank. Furnish and install a discharge head, including: - 4” galvanized pipes, nipples, couplings, and unions. Flanges, check valve, and water meter (0 to 1000 GPM). Gate valve, tee, plugs, bolts, and gadgets. Install electrical conduits and fixtures. Clean the pressure tank and remove sand. Perform all-day system flushing. Install and adjust sprinklers and air compressor pressure. Conduct final system startup. The slab around the Well was broken and pieces falling off. The change order was necessary to make sure that the well and the area around it was fixed properly. This project did come in over budget in the amount of $13,500, additional funds were used from the FY24 unutilized Parks and Rec funds. The project accounting is as follows:
The original budget amount: $162,500
BID Amount: $125,000
Change Order #1: $51,000
Revised total contract amount: $176,000
With the work being completed, and with the exception of the 5% retention in the amount of $8,800.00; Water Well Service Inc., will be paid in full for the work completed.
The City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion as long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
FISCAL IMPACT: This project did come in over budget in the amount of $21,000, additional funds were used from the FY24 unutilized Parks and Rec funds.
ACTION REQUESTED:
1. Authorizes the City Manager to sign the Notice of Completion
2. Authorizes the City Clerk to file the Notice of Completion
3. Authorizes City Staff to release retention in the amount of, $8,800.00 to Water Well Service Inc., within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Nerissa Wegener, Parks and Recreation Director Action Date: June 5, 2024 RESOLUTION NO. 24-Xx
AUTHORIZATION FOR THE CITY MANAGER, RON STRAND TO SIGN THE
NOTICE OF COMPLETION FOR THE EMERGENCY WELL REHAB PROJECT LOCATED IN FREEDOM PARK; FOR THE CITY CLERK TO FILE THE NOTICE OF
COMPLETION AND FOR CITY STAFF TO RELEASE RETENTION IN THE
AMOUNT OF EIGHT THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS ($8,800.00) TO THE CONTRACTOR, WATER WELL SERVICE INC.
WITHIN THIRTY (30) DAYS AFTER RECORDATION OF THE NOTICE OF
COMPLETION
WHEREAS, the Contractor, Water Well Service Inc. has completed the emergency well rehab project located in Freedom Park. Project consisted of brushing, bailing, and removal of debris to clean the well. Relining the well and replacing the damaged well head and concrete slab as directed by City staff on May 3, 2024; and,
WHEREAS, with the work completed and the exception of the retention amount of eight thousand eight hundred dollars and zero cents ($8,800.00) the contractor all Water Well Service Inc. has been paid in full; and,
WHEREAS, the City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion so long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Authorizes the City Manager to sign the Notice of Completion; and
2. Authorizes the City Clerk to file the Notice of Completion for recordation for the Emergency well rehab project.
3. Authorizes City Staff to release retention in the amount of eight thousand eight hundred dollars and zero cents ($8,800.00) the contractor all Water Well Service Inc. within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.
APPROVED AND ADOPTED this 5th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
Recording Requested By:
CITY OF RIDGECREST
When Recorded Mail to:
City of Ridgecrest
City Clerk
100 West California Avenue
Ridgecrest, CA 93555
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Ridgecrest
3. The FULL ADDRESS of the OWNER is 100 West California Avenue, Ridgecrest, CA 93555
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED May 3, 2024
8. The work of improvement completed is described as follows: Rehab of the well in Freedom Park
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Water Well Service Inc.
10. The street address of said property is: 100 W California Ave, Ridgecrest CA
11. The property on which said work of improvement was completed is in the City of Ridgecrest County of Kern, State of California, and is described as follows:
Freedom Park Well
Date Ronald Strand, City Manager, City of Ridgecrest
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Ronald Strand, City Manager, City of Ridgecrest SUBSCRIBED AND SWORN TO before me on
Ricca Charlon, City Clerk, City of Ridgecrest Revised 9/22/2003 Document Title(s):
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6 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Authorization For The City Manager, Ron Strand To Sign The Notice Of Completion For The Installation Of A Mow Curb And French Drain System Located At The Splash Pad; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Three Thousand Five Hundred And Twenty-Five Dollars And Zero Cents ($3,525.00) To The Contractor, CLC Construction Inc. Within Thirty (30) Days After Recordation Of The Notice Of Completion
PRESENTED BY: Nerissa Wegener, Parks and Recreation Director SUMMARY: The Contractor, CLC Construction Inc., has finished the Splash Pad project that consisted of installation of a mow curb and French drain around the exterior of the Splash Pad located in Freedom Park on May 7, 2024. There was one Change order that consisted of locating underground irrigation control wired, trenching and relocating control wires. This project did come in under budget and has a remaining balance that will go back to the General Fund Reserves in the amount of $6,021.00. The project accounting is as follows:
Original budget amount + 15% Const. Contingency: $76,521 BID Amount: $66,540.00
Change Order #1: $3,960.00
Revised total contract amount: $70,500
Project was delivered under budget.
With the work being completed, and with the exception of the 5% retention in the amount of $3,525.00; CLC Construction Inc., has been paid in full for the work completed.
The City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion as long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
FISCAL IMPACT: The retention amount of $3,525.00 is within the revised contract/budget amount of $76,521.00 per contract Change Orders and Bid Item adjustments, thus no additional funding is necessary. There is a total project remainder amount of $6,021.00.
ACTION REQUESTED:
1. Authorizes the City Manager to sign the Notice of Completion
2. Authorizes the City Clerk to file the Notice of Completion
3. Authorizes City Staff to release retention in the amount of, $3,525.00 to CLC Construction Inc., within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Nerissa Wegener, Parks and Recreation Director Action Date: June 5, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-Xx
AUTHORIZATION FOR THE CITY MANAGER, RON STRAND TO SIGN THE
NOTICE OF COMPLETION FOR THE INSTALLATION OF A MOW CURB AND FRENCH DRAIN SYSTEM LOCATED AT THE SPLASH PAD; FOR THE CITY
CLERK TO FILE THE NOTICE OF COMPLETION AND FOR CITY STAFF TO
RELEASE RETENTION IN THE AMOUNT OF THREE THOUSAND FIVE HUNDRED AND TWENTY-FIVE DOLLARS AND ZERO CENTS ($3,525.00) TO THE CONTRACTOR, CLC CONSTRUCTION INC. WITHIN THIRTY (30) DAYS AFTER
RECORDATION OF THE NOTICE OF COMPLETION
WHEREAS, the Contractor, CLC Construction Inc. has completed the project that consisted of: installation of a mow curb and French drain around the exterior of the splash pad as directed by city staff on May 7, 2024; and,
WHEREAS, with the work completed and the exception of the retention amount of three thousand five hundred and twenty-five dollars and zero cents ($3,525.00) the contractor all CLC Construction Inc. has been paid in full; and,
WHEREAS, the City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion so long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Authorizes the City Manager to sign the Notice of Completion; and
2. Authorizes the City Clerk to file the Notice of Completion for recordation for Installation of the mow curb and French drain system.
3. Authorizes City Staff to release retention in the amount of three thousand five hundred and twenty-five dollars and zero cents ($3,525.00) the contractor all CLC Construction Inc. within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.
APPROVED AND ADOPTED this 5th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
Recording Requested By:
CITY OF RIDGECREST
When Recorded Mail to:
City of Ridgecrest
City Clerk
100 West California Avenue
Ridgecrest, CA 93555
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Ridgecrest
3. The FULL ADDRESS of the OWNER is 100 West California Avenue, Ridgecrest, CA 93555
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED May 7, 2024
8. The work of improvement completed is described as follows: Installation of Mow curb and French drain system along the exterior of the Splash pad.
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: CLC Construction Inc.
10. The street address of said property is: 100 W California Ave, Ridgecrest CA
11. The property on which said work of improvement was completed is in the City of Ridgecrest County of Kern, State of California, and is described as follows:
Freedom Park Splash Pad
Date Ronald Strand, City Manager, City of Ridgecrest
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Ronald Strand, City Manager, City of Ridgecrest SUBSCRIBED AND SWORN TO before me on
Ricca Charlon, City Clerk, City of Ridgecrest Revised 9/22/2003 Document Title(s):
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7 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Public Hearing And Adoption Of Resolution Of The City Council Of The City Of Ridgecrest, California Declaring Its Intent To Levy And Collect Assessments Within The City Of Ridgecrest Drainage Benefit Assessment District No. 2016-1, Pursuant To The Provisions Of The Benefit Assessment Act Of 1982; Review Of The Preliminary Engineers Report And Authorization To Finalize Said Report For Fiscal Year 2024/2025
PRESENTED BY: Travis Reed, Director of Public Works
SUMMARY:
At the May 15
th
, 2024 City Council Meeting, the City Council adopted a resolution initiating the annual proceedings; directed staff to prepare the annual Engineers Report and set a public hearing to declaring its intention to levy the annual assessments for The City of Ridgecrest Drainage Benefit Assessment District 2016-1. The formation of Drainage Benefit Assessment District No. 2016-1 was established in 2016 pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter
6.4 of the California Government Code, commencing with Section 54703. The City of Ridgecrest is perpetuating the District to continue a dedicated revenue source to fund the expenses related to the special benefit to properties in the District to pay for the ongoing maintenance, operation and servicing of the local drainage improvements established, or proposed, in connection with development of the properties within the residential subdivisions known as a portion of Tract No. 6740, all of Tentative Tract No. 6700 and all of Tentative Tract No. 6775 which are generally located on the west side of College Heights Boulevard, just North of Kendall Avenue and South of Springer Ave. The District includes a portion of Tract 6740 with fifty-three (53), TTM 6775 with seventy-six (76) and TTM 6700 with fifty-three (53) single-family residential properties, associated public drainage easements drainage basin as identified on the approved tract maps for Tract No. 6740, TTM 6700 and TTM 6775.
Tonight, staff recommends that the City Council: (1) Open the Public Hearing to accept public testimony and any written protests regarding the yearly assessment. (2) Upon conclusion of the public testimony, the Mayor will close the public hearing and Council approve the Resolution authorizing staff to finalize the Annual Engineers Report as written, or as amended. At the June 5th meeting, staff will request the adoption of the Final Engineers Report, and the Ordering of the levy and collection of assessments on the County tax rolls for fiscal year 2024/2025 as described in the report.
The deadline for submission to the County Tax rolls is July 8 th
, 2024
FISCAL IMPACT: The total annual maintenance cost to the District is $4,031.06, identical to the previous year. Annual maintenance costs are funded through the assessments placed on the property tax bills.
ACTION REQUESTED:
1.) Conduct the Public Hearing to accept public testimony and written protest of yearly assessments
2.) Adopt the resolution approving the Finalization of the Engineer’s Report for the levying of assessments for fiscal year 2024/2025
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested Submitted by: Travis Reed Action Date: June 5, 2024
This Page Intentionally Left Blank
RESOLUTION NO. 24-Xx
A RESOLUTION AND PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST, CALIFORNIA DECLARING ITS INTENT TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE CITY OF RIDGECREST DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 2016-1, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982; REVIEW OF THE PRELIMINARY ENGINEERS
REPORT AND AUTHORIZATION TO FINALIZE SAID REPORT FOR FISCAL YEAR 2024/2025.
The City Council of the City of Ridgecrest, California (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows:
WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the City of Ridgecrest Drainage Benefit Assessment District No. 2016-1 (hereinafter referred to as the “District”); for the fiscal year commencing July 1, 2024, and ending June 30, 2025; pursuant to the provisions of the Benefit Act of 1982, Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing of the improvements within the District; and
WHEREAS, City Staff as directed by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Preliminary Engineer’s Annual Levy Report (hereafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report preparation; and,
WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024, and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located within the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding at the time the District was formed to establish the maximum assessment authorized for the District and the proposed assessments to be levied for Fiscal Year 2024/2025 as described in the Report are less than or equal to that authorized maximum assessment, and therefore comply with the approval provisions of the California State Constitution Article XIIID.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 Based upon its review (and amendments, as applicable) of the Preliminary Engineer’s Annual Levy Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within the boundaries of the District will receive special benefit by the operation, maintenance and servicing of the improvements to be provided by the District and funded by the annual assessments.
b) District includes the lands receiving such special benefit.
Pg. 2 of 3
Resolution 24-Xx
c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net special benefit amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2024, and ending June 30, 2025.
Section 3 The Preliminary Report and assessment as presented to the City Council and on file in the office of the City Clerk and are hereby confirmed.
Section 4 The City Council hereby orders the proposed Report be made final, which improvements are briefly described as the maintenance and operation of and the furnishing of services, materials and labor for drainage maintenance areas, structures, related appurtenant facilities and services.
Section 5 The adoption of this Resolution constitutes the intent to levy and collect for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
PASSED, APPROVED, AND ADOPTED this 5
th day of June, 2024.
_______________________________ ,
Eric Bruen, Mayor
City of Ridgecrest
_______________________________ ,
Ricca Charlon, City Clerk
City of Ridgecrest
STATE OF CALIFORNIA)
COUNTY OF KERN) ss
CITY OF RIDGECREST)
I, Ricca Charlon, City Clerk of the City of Ridgecrest, County of Kern, State of California do hereby certify that the foregoing Resolution No. 24-Xx was adopted by the City Council of said City of Ridgecrest at a regular meeting of said council held on the 5
th day of June, 2024 by the following vote:
AYES:
NOES:
_______________________________ ,
Ricca Charlon, City Clerk
8 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
Submitted by: Travis Reed Action Date: June 5, 2024
SUBJECT: Public Hearing And Adoption Of Resolution Of The City Council Of The City Of Ridgecrest, California Declaring Its Intent To Levy And Collect Assessments Within The Consolidated Landscaping And Lighting District No. 2012-1, Review Of The Preliminary Engineers Report And Authorization To Finalize Said Report For Fiscal Year 2024/2025
PRESENTED BY: Travis Reed, Director of Public Works
SUMMARY:
At the May 15
th
, 2024 City Council Meeting, the City Council adopted a resolution initiating the annual proceedings and directed staff to prepare the annual Engineers Report. This public hearing is being held to adopt a resolution declaring its intention to levy the annual assessments and review said Preliminary Annual Engineers Report. The formation of the Consolidated Landscaping and Lighting District No. 2012-1 was established in 2012 and subsequently have had future annexations to the District pursuant to the provisions of the Landscaping and Lighting Act of 1972 and the California Constitution Article XIIID, (Proposition 218).
Per the 1972 Act and Prop 218, an annual Engineers Report must be prepared and reviewed by public hearing so levy values can be discussed or protested. The City of Ridgecrest is perpetuating the District to continue a dedicated revenue source to fund the expenses related to the special benefit provided to the properties within the District. Said funding is being levied to pay for the ongoing maintenance, operation and servicing of the local streetscape, landscaping and street lighting improvements established in connection with development of the properties within the boundaries of the District which are further described within the preliminary report.
Tonight, staff recommends that the City Council: (1) Open the Public Hearing to accept public testimony and any written protests regarding the yearly assessment. (2) Upon conclusion of the public testimony, the Mayor will close the public hearing and Council approve the Resolution approving staff to finalize the Preliminary Engineers Report as written, or as amended. At the June 5 th meeting, staff will request the adoption of the Final Engineers Report, and the Ordering of the levy and collection of assessments on the County tax rolls for fiscal year 2024/2025 as described in the report.
The deadline for submission to the County Tax rolls is July 8 th
, 2024
One Zone of Note is Zone 3, based on previous council action which capped an initial levy on certain parcels to a beginning cost of $100.00 (annually) this fund is now in a structural deficit and will require a $11,190.73 contribution from the general fund to remain in current operation. Also of note, if council perpetuates this for future years the impact on the budget will raise annually by approximately 3.5%.
FISCAL IMPACT: The total annual maintenance cost to the District is $92,680.55. Annual maintenance costs are funded through the assessments placed on the property tax bills.
ACTION REQUESTED:
(1) Conduct the Public Hearing to accept public testimony and written protest of yearly assessments (2) Adopt the resolution approving the Finalization of the Engineer’s Report for the levying of assessments for fiscal year 2024/2025.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested This Page Intentionally Left Blank
RESOLUTION 24-Xx
A RESOLUTION AND PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST, CALIFORNIA DECLARING ITS INTENT TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1, REVIEW OF THE PRELIMINARY ENGINEERS REPORT AND AUTHORIZATION TO FINALIZE SAID REPORT FOR FISCAL YEAR 2024/2025 The City Council of the City of Ridgecrest, California (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows:
WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Consolidated Landscaping and Lighting District No. 2012-1, (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2024, and ending June 30, 2025; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing of the improvements located within the District; and,
WHEREAS, City Staff as directed by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Preliminary Engineer’s Annual Levy Report (hereafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report preparation; and,
WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024, and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located within the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding at the time the District was formed to establish the maximum assessment authorized for the District and the proposed assessments to be levied for Fiscal Year 2024/2025 as described in the Report are less than or equal to that authorized maximum assessment, and therefore comply with the approval provisions of the California State Constitution Article XIIID.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 Based upon its review (and amendments, as applicable) of the Preliminary Engineer’s Annual Levy Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within the boundaries of the District will receive special benefit by the operation, maintenance and servicing of the improvements to be provided by the District and funded by the annual assessments.
b) District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net special benefit Resolution 24-Xx Page 2 of 2
amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2024, and ending June 30, 2025.
Section 3 The Preliminary Report and assessment as presented to the City Council and on file in the office of the City Clerk and are hereby confirmed.
Section 4 The City Council hereby orders the proposed Report be made final, which improvements are briefly described as the maintenance and operation of and the furnishing of services and materials for landscape maintenance areas, street lighting and related appurtenant facilities and services.
Section 5 The adoption of this Resolution constitutes the intent to levy and collect for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
PASSED, APPROVED, AND ADOPTED this 5
th day of June, 2024.
_______________________________ ,
Eric Bruen, Mayor
City of Ridgecrest
_______________________________ ,
Ricca Charlon, City Clerk
City of Ridgecrest
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF RIDGECREST)
I, Ricca Charlon, City Clerk of the City of Ridgecrest, County of Kern, State of California do hereby certify that the foregoing Resolution was regularly adopted by the City Council of said City of Ridgecrest at a regular meeting of said council held on the 5
th day of June, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
________________________________
Ricca Charlon, City Clerk
City of Ridgecrest
9 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Regarding The Annual Assessments For The Drainage Benefit Assessment District No. 2016-1 (The “District”); And Adoption Of The Resolution (1) Approving The Annual Engineer’s Report And (2) Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025
PRESENTED BY:
Travis Reed, Director of Public Works
SUMMARY:
At the May 15
th
, 2024 City Council Meeting, the City Council adopted a resolution initiating the annual proceedings and directing staff to prepare the Annual Engineer’s Levy Report.
At the June 5
th, 2024 City Council Meeting the City Council adopted a resolution and held a public hearing to discuss and revise, if necessary, the annual Engineers Report. Said Resolution declared the intention of the Council to levy the annual assessments and conduct a public hearing for all interested parties. The formation of Drainage Benefit Assessment District No. 2016-1 was established in 2016 pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703. The City of Ridgecrest is perpetuating the District to continue a dedicated revenue source to fund the expenses related to the special benefit to properties in the District to pay for the ongoing maintenance, operation and servicing of the local drainage improvements established in connection with development of the properties within the residential subdivisions known as a portion of Tract No. 6740, all of Tentative Tract No. 6700 and all of Tentative Tract No. 6775 which are generally located on the west side of College Heights Boulevard, just North of Kendall Avenue and South of Springer Ave.
The District includes a portion of Tract 6740 with fifty-three (53), TTM 6775 with seventy-six (76) and TTM 6700 with fifty-three (53) single-family residential properties, associated public drainage easements drainage basin as identified on the approved tract maps for Tract No. 6740, TTM 6700 and TTM 6775.
Tonight, staff recommends that the City Council approve the Resolution approving the Annual Engineers Report and Order the levy and collection of assessments on the County tax rolls for fiscal year 2024/2025 as described in the report.
The deadline for submission to the County Tax rolls is July 8 th
, 2024
FISCAL IMPACT: The total annual levy for maintenance costs to the District is $4,031.06.
Annual maintenance costs are funded through the assessments placed on the property tax bills.
ACTION REQUESTED:
Adopt the resolution approving the Engineer’s Report and ordering the levy of assessments for fiscal year 2024/2025.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:
Action as requested:
Submitted by: Travis Reed Action Date: June 5, 2024
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RESOLUTION NO. 24-__
Resolution 24-__ Page 1 of 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST APPROVING THE ANNUAL ENGINEER’S REPORT AND ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY OF
RIDGECREST DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 2016-1, FOR FISCAL YEAR 2024/2025, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, The City Council of the City of Ridgecrest (hereafter referred to as the “City Council”) has, by previous Resolutions declared its intention to levy assessments for the City of Ridgecrest Drainage Benefit Assessment District No. 2016-1 (hereinafter referred to as the “District”); and,
WHEREAS, Staff as directed by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”) that describes the assessments against the parcels of land within the Assessment District for the fiscal year commencing July 1, 2024 and ending June 30, 2025 to pay for the maintenance, operation and servicing of improvements and facilities related thereto; and,
WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as previously presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said the Engineer’s Report; and, WHEREAS, The City Council and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Article XIIID of the California State Constitution; and,
WHEREAS, The City Council desires to levy and collect assessments against parcels of land within Assessment District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located within the District.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
1. The above recitals are true and correct.
2. Following notice duly given, the City Council has held a full and fair public hearing regarding the Drainage Benefit Assessment District No. 2016-1, the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons.
3. The City Council finds the record owners of property within the District previously approved the continued levy and collections of assessments through property owner balloting proceedings, and that the proposed assessment for Fiscal Year 2024/2025 is consistent with the assessment so approved.
RESOLUTION NO. 24-__
Resolution 24-__ Page 2 of 3
4. Based upon its review of the facts presented and the Engineer’s Report that has been filed with the City Clerk, the City Council hereby finds and determines that:
4a) The land within the District will receive special benefit from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer’s Report.
4b) The District as defined by the Assessment Diagram contained in the Engineer’s Report, includes all of the lands receiving such special benefit. 4c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2024 and ending June 30, 2025.
5. The Engineer’s Report and assessment as presented to the City Council and on file in the office of the City Clerk comply with the applicable provisions of the California State Constitution Article XIIID and are hereby confirmed as filed.
6. Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file the levy of assessments for fiscal year 2024/2025 as approved herein with the Kern County Auditor/Controller along with a certified copy of this Resolution; and/or as may be required by the County Auditor/Controller or County Assessor, copies of the Engineer’s Report or Assessment Diagram confirmed by this Resolution.
7. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the formation of the District; the confirmation of the Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula, and the assessments for Fiscal Year 2024/2025 as outlined in the Engineer’s Report and approved in these proceedings.
8. The maintenance, operation and servicing of the improvements shall be performed pursuant to the provisions of the Benefit Assessment Act of 1982, Title 5, Division 2, Part 1, Chapter
6.4 of the Government Code of the State of California Commencing with section 54703 (hereafter referred to as the "Act"). The City Council hereby orders the improvements to be made, which improvements are briefly described as the operation, maintenance, servicing and administration of the improvements, and incidental expenses related thereto for the District located within the boundary of the City of Ridgecrest, and the jurisdiction of the City Council. A more detailed description of the improvements is contained within the Report, but the improvements and facilities can be classified within the following general categories:
Installation, construction or maintenance of any authorized improvements under Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
9. The County Auditor of Kern County shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to the provisions RESOLUTION NO. 24-__
Resolution 24-__ Page 3 of 3
provided in the Act. After collection by the County, the net amount of the levy shall be paid to the Treasurer of the City of Ridgecrest.
10. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Ridgecrest Drainage Benefit Assessment District No. 2016-1, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in section 5.
11. A copy of the levy shall be filed in the office of the City Clerk and open for public inspection PASSED, APPROVED, AND ADOPTED at a regular meeting of the Ridgecrest City Council, held on this 5
th day of June, 2024.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss
CITY OF RIDGECREST)
I, Ricca Charlon, City Clerk of the City of Ridgecrest, County of Kern, State of California do hereby certify that the foregoing Resolution was adopted by the City Council of said City of Ridgecrest at a regular meeting of said council held on the 5 th day of June, 2024 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
____________________________________
Eric Bruen, Mayor
City of Ridgecrest, California
ATTEST:
_________________________________
Ricca Charlon, City Clerk
City of Ridgecrest, California
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
Submitted by: Travis Reed Action Date: June 5
th
, 2024
SUBJECT: A Resolution Regarding The Annual Assessments For The Consolidated Landscaping And Lighting District No. 2012-1 (The “District”); And Adoption Of The Resolution (1) Approving The Annual Engineer’s Report And (2) Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025
PRESENTED BY: Travis Reed, Director of Public Works
SUMMARY:
At the May 15th, 2024 City Council Meeting, the City Council adopted a resolution initiating the annual proceedings and directing staff to prepare the annual Engineer’s Levy Report. At the June 5
th, 2024 City Council Meeting the City Council adopted a resolution and held a public hearing to discuss and revise, if necessary, the annual Engineer’s Report. Said Resolution declared the intention of the Council to levy the annual assessments and conduct a public hearing for all interested parties. The formation of the Consolidated Landscaping and Lighting District No. 2012-1 was established in 2012 and subsequently have had future annexations to the District pursuant to the provisions of the Landscaping and Lighting Act of 1972 and the California Constitution Article XIIID, (Proposition 218). Per the 1972 Act and the Prop 218, annual engineering reports of cost are prepared and a public hearing is required. The City of Ridgecrest is perpetuating the District to continue a dedicated revenue source to fund the expenses related to the special benefit to properties in the District to pay for the ongoing maintenance, operation and servicing of the local streetscape, landscaping and street lighting improvements established in connection with development of the properties within the boundaries of the District.
Tonight, staff recommends that the City Council: (1) Council approve the Resolution approving the Annual Engineers Report. (2) Order the levy and collection of assessments on the County tax rolls for fiscal year 2024/2025 as described in the report.
The deadline for submission to the County Tax rolls is July 8 th
, 2024
FISCAL IMPACT:
The total annual maintenance cost to the District is $92,680.55. Annual maintenance costs are funded through the assessments placed on the property tax bills.
ACTION REQUESTED:
(1) Adopt a Resolution approving the Annual Engineer’s Levy Report. (2) Adopt a resolution ordering the levy of assessments for fiscal year 2024/2025.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:
Action as requested
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RESOLUTION 24-Xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1, FOR FISCAL YEAR 2024/2025
WHEREAS, The City Council of the City of Ridgecrest, California (hereafter referred to as “City Council”) has, by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Consolidated Landscaping and Lighting District No. 2012-1, (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2024, and ending June 30, 2025; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing of the improvements located within the District; and,
WHEREAS, City Staff as directed by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024, and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located within the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding at the time the District was formed to establish the maximum assessment authorized for the District and the proposed assessments to be levied for Fiscal Year 2024/2025 as described in the Report are less than or equal to that authorized maximum assessment, and therefore comply with the approval provisions of the California State Constitution Article XIIID.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Report prepared in connection with the levy and collection of assessments, and has considered the oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented.
Section 3 Based upon its review (and amendments, as applicable) of the Engineer’s Annual Levy Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within the boundaries of the District will receive special benefit by the operation, maintenance and servicing of the improvements to be provided by the District and funded by the annual assessments.
b) District includes the lands receiving such special benefit.
Resolution 24-__ Page 2 of 3
c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net special benefit amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2024, and ending June 30, 2025.
Section 4 The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
Section 5 The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance and operation of and the furnishing of services and materials for landscape maintenance areas, street lighting and related appurtenant facilities and services.
Section 6 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act and the County Auditor of Kern County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 7 The City Treasurer shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 2012-1, and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineer’s Report.
Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
Section 9 The City Clerk or its designee is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 5
th day of June, 2024.
_______________________________ ,
Eric Bruen, Mayor
City of Ridgecrest
_______________________________ ,
Ricca Charlon, City Clerk
City of Ridgecrest
Resolution 24-__ Page 3 of 3
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF RIDGECREST)
I, Ricca Charlon, City Clerk of the City of Ridgecrest, County of Kern, State of California do hereby certify that the foregoing Resolution was regularly adopted by the City Council of said City of Ridgecrest at a regular meeting of said council held on the 5
th day of June, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
________________________________
Ricca Charlon, City Clerk
City of Ridgecrest
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
Subject: A Resolution Of The Ridgecrest City Council Approving A Community Development Activity Agreement (CD#17.22.1) With The County Of Kern For Funding For Skate Park Shaded Seating Area Project In The Amount Of $108,346, And Accepting The Terms Of The Receipt Of (CDBG) Funds And Authorizing The City Manager To Sign The Agreement
PRESENTED BY: Nerissa Wegener, Parks and Recreation Director SUMMARY:
The City of Ridgecrest is proposing to make improvements to the Skate Park using the Community Development Block Grant (CDBG) funds administered by the Kern County Resource Management Agency (RMA). Funding for the FY22/23 fiscal year for this project is $108,346. The City has been working with the Kern County Planning and Natural Resources Department for the application process for the grant.
A public hearing was held during the regularly scheduled City Council meeting held December 1, 2021 to discuss potential uses of the CDBG funds. At the conclusion of the hearing, the City Council approved the use of funds to add a shaded seating area to the skate park.
As of this time there’s no place for visitors to sit that is close to the skate park when they are not actively skating.
The Board of Supervisors held a public hearing on 03/12/2024 and approved the project, thus creating CD Project No. 17.22.1.
County Counsel has provided the attached agreement for the project. The City Attorney has reviewed the agreement.
Staff requests approval of the attached resolution approving the project agreement and authorizing the City Manager to sign.
FISCAL IMPACT:
ACTION REQUESTED:
1. Authorizes The City Manager, Ronald Strand, To Execute all Contracts & Agreements.
CITY MANAGER’S RECOMMENDATION:
Submitted by: Nerissa Wegener Action Date: June 5, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING A COMMUNITY DEVELOPMENT ACTIVITY AGREEMENT (CD#17.22.1) WITH THE
COUNTY OF KERN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE INSTALLATION OF A SHADED SEATING AREA AT
THE RIDGECREST SKATE PARK, AND ACCEPTING THE TERMS OF THE
RECEIPT OF CDBG FUNDS AND AUTHORIZING THE CITY MANAGER TO SIGN
THE AGREEMENT
WHEREAS, the City of Ridgecrest has received notification of a CDBG funding allocation in the amount of $108,346.00; and,
WHEREAS, the City of Ridgecrest is proposing to install a shaded seating area at the skate park using Community Development Block Grant funds (CDBG).
WHEREAS, the project consists of installation of shade structure and benches at the Ridgecrest skate park; and,
WHEREAS, the City Council of the City of Ridgecrest held a Public Hearing on 12/01/2021 and approved use of the $108,346.00 to provide improvements to the Skate Park; and, WHEREAS, the Kern County Board of Supervisors, at its regular meeting of 03/12/2024, approved the proposed use of the CDBG allocation funding and authorized an agreement to be drawn up for the activity; and,
WHEREAS, staff recommends that the City enter into the Community Development Block Grant Agreement CD#17.22.1 with the County of Kern for the receipt of Community Development Block Grant funds related to the Skate Park Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ridgecrest the following:
1. Approves the Community Development Block Grant Agreement Activity CD#17.22.1; and,
2. Authorizes the acceptance of the term of the receipt of the Community Development Block Grant Funds; and,
3. Authorizes the City Manager to execute the agreement.
APPROVED AND ADOPTED this 5
th day of June, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric A. Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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AGREEMENT
COMMUNITY DEVELOPMENT PROJECT
CITY OF RIDGECREST – LEROY JACKSON PARK SKATEPARK IMPROVEMENTS
PROJECT
CD#17.22.1
(County – City of Ridgecrest)
THIS AGREEMENT (“Agreement”) is made and entered into as of ______________________,, ("Execution Date") by and between the COUNTY OF KERN, a political subdivision of the State of California ("COUNTY"), and CITY OF RIDGECREST within the County of Kern ("CITY"),
RECITALS:
(a) The Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), ("Act"), which provides for Community Development Block Grants for eligible activities; (b) COUNTY has submitted the required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant, Catalogue of Federal Domestic Assistance ("CFDA") Number 14.218, ("Grant") pursuant to the Act;
(c) COUNTY and CITY entered into a Community Development Block Grant Cooperative Agreement on July 14, 2020, wherein the parties thereto agreed to undertake activities eligible for Grant assistance within the corporate limits of CITY; (d) COUNTY is empowered under the Act to administer Grant funds pursuant to the Act, and to enter into project/activity agreements with cities which have executed Community Development Block Grant Cooperative Agreements with COUNTY for Community Development projects/activities;
(e) CITY has requested the use of Grant funds for the design and installation of fencing related improvements at existing softball field within Leroy Jackson Park; and (f) COUNTY desires to assist CITY by providing the funds for the purchase of materials for installation of new fencing of a softball field within Leroy Jackson Park.
AGREEMENT:
1. Definitions
a. Except to the extent modified or supplemented by the Grant Agreement between COUNTY and HUD dated September 14, 2022, ("HUD Grant to COUNTY") any term defined in Title I of the Act, or the HUD Community Development Block Grant regulations at 24 CFR Part 570 shall have the same meaning when used herein.
b. "Program" means COUNTY's Community Development Program, including the administration thereof, with respect to the terms of the HUD Grant to COUNTY. c. "Project" means the all activities related to the design and installation of identified Skatepark Shaded Seating at Leroy Jackson Park, all as more fully described in Schedule "A", attached hereto and incorporated herein by this reference as if set forth in full. d. "Activity" means the design, construction and installation of a shaded covering, concrete slab, benches and related improvements for Leroy Jackson Park, all as more fully described in Schedule "A", attached hereto.
e. "Program Income" shall have, with respect to the Project/Activity undertaken pursuant to this Agreement, the same meaning as the definition found in the HUD Community Development Block Grant regulations at 24 CFR part 570.500(a)(1), as amended, at 24 CFR part 570.504, and as defined in HUD Training Bulletin CPD-90-1, dated April 1990, entitled “Program Income”.
f. "Change in Use Restriction Period" means that period which starts upon filing of the Notice of Completion, in the case of construction work, or upon the close of escrow if Grant funding is solely for the acquisition of property, and ends five (5) years after HUD ceases to consider the CITY to be part of the COUNTY's entitlement jurisdiction.
CITY may cease to be part of COUNTY's entitlement jurisdiction by:
Expiration of, or CITY's failure to renew, the CITY/COUNTY Cooperative Agreement dated July 14, 2020; or
HUD's order to cancel the CITY/COUNTY Cooperative Agreement dated July 14, 2020; or
COUNTY ceasing to be a Grant entitlement jurisdiction; or The federal government's termination of the Grant program. g. "Expiration of Agreement" means the date of expiration of the Change in Use Restriction Period or the date of resolution of all monitoring findings as determined solely by COUNTY, whichever occurs last.
h. "Subgrantee" and "Subrecipient" as these terms are used in any of the attached exhibits, means CITY.
i. Whenever duties or obligations are performed jointly by CITY and COUNTY, CITY and COUNTY will be referred to as "PARTIES".
2. Maximum Amount Payable Under Agreement and Mode of Payment
a. COUNTY shall reimburse CITY, or its designee(s), through progress payments for Project/Activity costs incurred pursuant to this Agreement upon CITY making satisfactory progress, as determined solely by COUNTY, towards the completion of the Project/Activity detailed in the attached Schedule "A"; provided, however, that the total amount made available by COUNTY through this Agreement and payable to CITY, or its designee(s), shall not exceed ONE HUNDRED EIGHT THOUSAND THREE HUNDRED AND FORTY-SIX DOLLARS ($108,346). Unless PARTIES otherwise expressly agree in writing, CITY agrees to accept sole financial responsibility for all costs related to this Project/Activity in excess of the ONE HUNDRED EIGHT THOUSAND THREE HUNDRED AND FORTY-SIX DOLLARS ($108,346) made available by COUNTY pursuant to this Agreement. b. COUNTY’s duty to pay CITY is expressly contingent on COUNTY’s receipt and continued use of Grant funds from the federal government allocated for this Project/Activity.
In the event such funds are not received by COUNTY, or are reallocated by HUD after receipt and prior to completion of the Grant funded Project/Activity, this Agreement shall be immediately terminated or suspended as of the date the Grant funds are or become unavailable, and COUNTY shall have no further obligation to CITY under this Agreement until such time, if ever, that Grant funds are approved by HUD and allocated for the Project/Activity which is the subject of this Agreement. CITY agrees to indemnify and hold COUNTY harmless pursuant to the indemnification provisions of this Agreement from any costs, liabilities, losses, damages or expenses incurred as a result of termination of the Agreement due to unavailability of the Grant funds for this Project/Activity. c. Payments shall be made to CITY, or its designee(s), upon CITY’s submittal to COUNTY of a monthly certified claim executed by a properly designated official of CITY indicating the percentage of the Project/Activity that has been completed. Said certified claims shall be itemized and properly documented to clearly show the items, tasks or services for which reimbursement is being claimed and the basis for cost computation whether by cost per hour, cost per weight, cost per task or other measurement as agreed by and between PARTIES, as more fully described in the attached Schedule "A". d. After receipt and approval by COUNTY of a monthly certified claim for construction, COUNTY shall make a payment to CITY, or its designee(s), in the amount of ninety-five percent (95%) of COUNTY's pro rata portion of the project construction costs. The balance of the cumulative five percent (5%) retention from each claim shall be paid to CITY thirty-five (35) days after CITY files a Notice of Completion and after COUNTY has verified CITY's satisfactory compliance with Paragraphs 5 and 6 of this Agreement. The foregoing five percent (5%) retention is subject to the project construction contractor's right to substitute securities as explained in the document entitled "Withheld Contract Funds Certification", attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in full.
The party entering into the construction contract with the prime contractor shall ensure compliance with the requirements set forth in the attached Exhibit "A". CITY agrees that COUNTY is hereby empowered to make an independent determination of the percentage of the Project/Activity which has been satisfactorily completed and any such determination by COUNTY is conclusive. There will be no retention on monthly claims for architectural or design services.
3. CITY's Obligations
In addition to CITY’s obligations as set forth in other sections of this Agreement, CITY agrees to perform the following specific duties:
a. CITY shall be responsible for implementation of this Project/Activity.
Implementation shall include preparation of specification documents and plans if necessary; solicitation and hiring of contractors; construction engineering and inspection; contract administration; and HUD compliance monitoring services. CITY will provide COUNTY with all plans and specifications, including changes requested during construction, for COUNTY review and approval prior to their use.
b. CITY agrees that COUNTY may terminate, suspend and/or reduce the amount of Grant funding provided for in this Agreement if all work performed by CITY is not completed satisfactorily and within the budgetary limits and time schedule milestones provided for in this Agreement. The length of any suspension or the amount of the reduction of Grant funding shall be at COUNTY’s sole option and will be principally based on compliance with Project/Activity specifications and plans, and on timely initiation of CITY’s design and/or construction obligations under this Agreement. COUNTY agrees that delays in completion of the work subject to this Agreement may result for reasons outside the control of CITY, and agrees that COUNTY will extend the time for completion of the work for unavoidable delays for a reasonable period, as determined solely by COUNTY. However COUNTY shall not be obligated to pay or to otherwise reimburse CITY for work performed subject to this Agreement if Grant funding for the Project/Activity is revoked or suspended by HUD due in part or whole to the delay in the completion of the work contemplated by this Agreement.
c. CITY shall be responsible for complying with all applicable local, state, and federal regulations, including, but not limited to, the monitoring of construction for compliance with the federal labor standards contract requirements set forth in the "Preconstruction Checklist for Contractors" attached hereto as Exhibit "B" and incorporated herein by this reference as if set forth in full. If CITY hires a consultant to provide compliance monitoring required to ensure to the satisfaction of HUD and COUNTY, that all applicable regulations are met during the implementation of this Project/Activity, CITY shall monitor the consultant’s compliance efforts and shall remain responsible to COUNTY for providing compliance monitoring records in a form acceptable to COUNTY. CITY agrees to become familiar with the applicable statutes, regulations and guidelines governing the Grant program. All applicable statutes, regulations, guidelines, codes, rules and executive orders referred to in this Agreement are as from time to time amended.
d. CITY or any contractors hired by CITY to perform work on the Project/Activity shall obtain any and all permits necessary to implement this Project/Activity from appropriate state, COUNTY and/or CITY agencies.
e. CITY (in collaboration with COUNTY) shall conduct a pre-bid and a preconstruction conference for the purposes stated within the document, "Material Covered at Preconstruction Conference" (Exhibit "C"), attached hereto and incorporated herein by this reference as if set forth in full.
f. CITY shall accept title to and be responsible for the maintenance and/or operation of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park, according to the terms of this Agreement and all applicable local, federal and state laws and regulations.
g. CITY shall be responsible for the control and safety of CITY officers, employees, agents, and invitees during the implementation of this Project/Activity. CITY shall take all actions necessary to ensure the safety of its employees and invitees during the implementation of the project and during the subsequent maintenance and/or operation of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park funded pursuant to this Agreement.
h. CITY shall cooperate fully with COUNTY in undertaking, monitoring and completing this Project/Activity.
i. CITY shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Project/Activity to be completed under this Agreement. j. Subsequent to bid opening, if the Director of COUNTY Planning and Natural Resources Department determines that funds budgeted herein are insufficient to satisfactorily accomplish or complete the work referenced in this Agreement, CITY will have thirty (30) calendar days from the date of such determination to obtain additional funding beyond COUNTY's maximum financial obligation or satisfactorily reduce the scope of the work, as provided for herein. If CITY does not obtain the necessary additional funding, or a reduction of scope is not successful in satisfactorily lowering overall Project/Activity costs, PARTIES hereby agree to mutually terminate this Agreement according to the requirements and standards of 2 CFR part 200.339, "Termination". In the event of termination, the work contemplated herein shall be abandoned and COUNTY shall incur no liability whatsoever to CITY for expenses incurred after termination of this Agreement or for costs related to any subsequent completion of the work contemplated by this Agreement. k. CITY shall, as part of its contract administration responsibility, publish in a newspaper of general circulation, in trade journal publications and in minority oriented publications, a notice soliciting small, and (as applicable) Section 3 business participation in this Grant funded Project/Activity. Prior to submitting a notice to a newspaper for publication, CITY shall obtain approval from COUNTY concerning the content of these required newspaper notices.
l. CITY shall be responsible, during the Change in Use Restriction Period, for the continued use (for the purpose described herein) of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park funded pursuant to this Agreement and shall comply with federal property management regulations and standards in accordance with 24 CFR part 570.505 "Use of Real Property" (applicable to expenditure of Grant funds in excess of TWENTY FIVE THOUSAND DOLLARS [$25,000.00]); 24 CFR part 570.501, "Responsibility for Grant Administration"; and with 24 CFR part 570.503(b)(7), "Reversion of Assets".
m. In the event that CITY cannot or fails to utilize the subject improvements for the purpose described herein throughout the Change in Use Restriction Period, CITY shall immediately notify COUNTY regarding CITY's proposed new use of the subject improvements. COUNTY shall review the Grant eligibility and national objective compliance of the proposed new use of the subject improvements prior to CITY and COUNTY performing any of the following steps listed in this section. COUNTY will communicate in writing to CITY its determination in this matter. After COUNTY has made its determination, and if directed by COUNTY, CITY shall conduct a public hearing to provide affected citizens an opportunity to comment on CITY's proposed new use of the subject improvements. After these steps have been completed, COUNTY, at its option, may require that CITY comply with one of the following:
(1) Reimburse COUNTY in an amount equal to the Grant funds expended for this Project/Activity or its "proportionate share" of the current "Fair Market Value" (as defined by the California Code of Civil Procedure, Part 3, Title 7, Chapter 9, Article 4, Section 1263. 320) of all real property and/or improvements for which Grant assistance was provided pursuant to this Agreement, whichever is more. "Proportionate share" is that amount equivalent to COUNTY's percentage contribution toward the total acquisition, design, construction or other cost(s) of the Project/Activity, as described in Schedule "A" of this Agreement, or
(2) Offer the improvements for which Grant funds were expended pursuant to this Agreement for sale at "Fair Market Value" and, subsequent to sale, reimburse COUNTY for its "proportionate share" of the sales price.
PARTIES shall first use good faith efforts in an attempt to agree on the "Fair Market Value". If, however, PARTIES are unable to agree, they shall, within thirty (30) days from and after written request given by either party to the other, select an arbitrator mutually acceptable to both PARTIES. The arbitrator shall render an advisory decision as to the "Fair Market Value" of the real property and/or improvements referenced in this Agreement. The arbitrator’s decision in this matter shall be nonbinding and advisory only; provided, however, that PARTIES shall, in good faith, give serious consideration to the arbitrator’s decision.
If PARTIES are unable to agree with a single arbitrator within the above-referenced thirty (30) days, then each shall, within twenty (20) additional working days, appoint one (1) arbitrator and the two (2) arbitrators shall select a third arbitrator within ten (10) additional working days after both are selected. Any decision as to the "Fair Market Value" determined and jointly agreed upon by any two (2) of the three (3) arbitrators shall be nonbinding and advisory only; provided, however, that PARTIES shall each give good faith and serious consideration to the arbitrators’ decision.
All arbitrators shall be real estate appraisers who have at least ten (10) years experience in appraising real estate in the State of California and must be either a member of the American Institute of Real Estate Appraisers, holding an M.A.I. (Member of Appraisal Institute) designation, or a member of the Society of Real Estate Appraisers, holding an S.R.P.A. (Senior Real Property Appraiser), or an S.R.E.A. (Society of Real Estate Analysts) designation. PARTIES shall each pay half of the fees and necessary expenses for the arbitrators.
In no event shall the amount reimbursed to COUNTY be less than COUNTY's total contribution toward the Project/Activity. The Change in Use Restriction, as stated herein, shall be in effect for that period defined in Paragraph 1.f. of this Agreement.
4. COUNTY's Obligations
a. Any regulation enacted by COUNTY to facilitate the administration of the Grant will be made available to CITY by County’s Board of Supervisors or its designee. b. COUNTY shall make available to CITY, at its written request, copies of the terms of the Grant.
c. COUNTY shall cooperate fully with CITY in undertaking this Project/Activity and process CITY invoices for payment under this Agreement with due diligence. d. COUNTY shall make available to CITY a copy of the notice which CITY may use in soliciting small and Section 3 business participation in the Grant funded work contemplated by this Agreement, if required.
e. COUNTY shall review plans and specifications submitted by CITY and shall provide comments and approval or disapproval.
5. Laws and Regulations
a. CITY agrees to comply with the provisions of the Act, any amendments thereto, the federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to COUNTY now or hereafter in effect, and the regulations now or hereafter enacted by COUNTY to facilitate its administration of the Grant in Kern County, or any other statute, regulation or guideline applicable to the Program. CITY shall become familiar with the applicable statutes, regulations and guidelines governing the Grant program, each of which is made a part hereof and incorporated herein by this reference as if set forth in full. b. It is agreed that all provisions of State of California law applicable to public contracts (except to the extent California law may be waived and is waived by the PARTIES) are a part of this Agreement to the same extent as if set forth herein in full and shall be complied with by CITY under this Agreement and any related agreements.
6. Records and Administration
a. In the event CITY expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal financial assistance in any single fiscal year, from all sources combined, it shall arrange at its own expense for performance of a "Single Audit" of its entire operation by an independent auditor. Such audit shall comply with the requirements and standards of OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations", including appendices; Pub. L. 98-502, "Single Audit Act of 1984", as amended; 2 CFR part 200.425, "Audit Services"; and OMB Circular A-87, "Cost Principles for
State, Local and Indian Tribal Governments"; all of which are incorporated herein by this reference as if set forth in full.
The results of the audit must be submitted to COUNTY within thirty (30) days of completion. Acceptance of CITY's audit reports by COUNTY does not prohibit COUNTY from performing any additional audit work required to follow up on findings, as deemed necessary by COUNTY, or as necessary for COUNTY to comply with any administrative or audit requirements imposed by the federal or state government. b. As a condition of receiving federal financial assistance under this Agreement, CITY agrees to comply with 2 CFR part 200.336, "Access to Records". It is further agreed by CITY that any agreement between CITY and its independent auditor shall provide for access during normal business hours to the independent auditor's work papers by federal, state and COUNTY auditors, or their authorized agents, as may be deemed necessary to carry out their audit responsibilities. The audit agreement must also require CITY's independent auditor to retain for review purposes said audit work papers for a minimum of five (5) years from date of audit completion or until all related audit issues are resolved, whichever should occur later. c. CITY agrees to maintain a financial management system which complies with 2 CFR part 200.302, "Financial Management", except paragraph (a). Particular reports and records that may be applicable to this Project/Activity and require compliance by CITY are described in and attached hereto as Exhibit "D", and are incorporated herein by this reference as if set forth in full.
d. CITY agrees to comply with the methods and procedures for payment as outlined in 2 CFR part 200.305, "Federal Payment", except as modified by 24 CFR part 570.513, "Lump Sum Drawdown for Financing of Property Rehabilitation Activities". e. CITY agrees to comply with the standards and requirements of 2 CFR part 200.314, "Supplies", and 2 CFR part 200.313, "Equipment", with the exception that in all cases in which the equipment is sold, the proceeds shall be considered to be Program Income and be immediately refundable to COUNTY.
f. CITY agrees to comply with the requirements and standards of 2 CFR part 200.213, "Reporting a Determination that a non-Federal Entity is not Qualified for a Federal Award", except paragraph (a), and 2 CFR part 200.420, "Consideration for Selected Items of Cost".
g. CITY agrees to comply with the standards and requirements of 2 CFR part 200.214, "Suspension and Debarment", and 2 CFR part 200.328, "Financial Reporting", except paragraphs (b) through (d) and paragraph (f) thereof. CITY further agrees that COUNTY has the right to monitor and supervise the administration and/or implementation of the Project/Activity to be completed pursuant to this Agreement to help ensure compliance with the requirements of the Act as now or hereinafter amended, the federal regulations as now or hereafter promulgated pursuant to the Act, or guidelines developed by the federal government for administering and/or implementing the Project/Activity, or any other statute, rule, regulation or guideline applicable to the administration and/or implementation of the Grant program.
h. CITY agrees to comply with the standards and requirements of 2 CFR part 200.339, "Remedies for Noncompliance", and 2 CFR part 200.340, "Termination". CITY also agrees that COUNTY can, by unilateral action, terminate this Agreement, with cause, by giving ten (10) days prior written notice to CITY. In the event COUNTY determines that an intentionally false or fraudulent certified claim has or is being filed, COUNTY, in its sole discretion, may immediately terminate this Agreement and/or CITY shall reimburse COUNTY for any and all funds found to be improperly paid, as well as those reasonable costs associated with the investigation and recovery of the contested claims and/or amounts. i. CITY shall be accountable to COUNTY for any and all Grant funds expended by CITY or any officer, employee, agent or representative thereof, whether or not such officer, employee, agent or representative thereof was acting within the scope of his employment.
CITY shall repay COUNTY the full amount of any improperly expended Grant funds upon demand and shall comply with the requirements of 2 CFR part 200.344, "Closeout".
COUNTY may retain any funds of CITY in COUNTY's possession as an offset against the debt resulting from such improper expenditure.
j. CITY agrees to comply with the standards and requirements of 2 CFR part 200.345, "Post-closeout Adjustments and Continuing Responsibilities". k. CITY shall return to COUNTY, within thirty (30) days at the end of the program year in June, all Program Income which is directly generated by Grant funded activities during the Change in Use Restriction Period.
l. At COUNTY’s sole option, COUNTY may either terminate this Agreement upon three (3) days written notice to CITY or withhold funds from the Project/Activity if CITY is not complying with provisions of the Act, federal regulations thereunder, terms of the Grant from the federal government to COUNTY, the regulations of COUNTY to facilitate the administration of the Grant, the terms of this Agreement, or any other statute or regulation applicable to the Program or administration thereof as determined solely by COUNTY.
Should COUNTY become subject to any claims, causes of action, costs or sanctions due to any failure by CITY or CITY's agent to comply with all applicable federal, state, and local laws and regulations, CITY hereby agrees to be solely liable for any such expenses, costs, damages and sanctions and shall fully reimburse, hold harmless, and indemnify COUNTY for any payments made or funding lost by COUNTY and COUNTY's expenses related thereto, including COUNTY's costs.
7. Use Restriction Monitoring
Beginning approximately one year after the date of the filing of the Notice of Completion and resolution of all monitoring findings, COUNTY may conduct on-site monitoring of real property purchased and/or improvements constructed with Grant funds pursuant to this Agreement for compliance with the change in use restriction during the period defined in Paragraph 1.f. herein. The purpose of the monitoring visit is to ensure that the Grant funded real property and/or improvements continue to be utilized for their original eligible use or for another Grant use approved by COUNTY in accordance with applicable regulations found at 24 CFR part 570.201, and/or that the beneficiaries continue to qualify
pursuant to the national objectives of the Grant program, documented in regulations found at 24 CFR part 570.208. Monitoring visits shall consist of interviews with the operator and members of the staff of CITY, an examination of relevant data and application forms regarding the use of the Grant funded real property or improvements and clientele served, and, at the discretion of COUNTY, interviews with clients served by the Grant funded Project/Activity. COUNTY shall notify CITY at least two (2) weeks in advance of each monitoring visit.
In order to assist COUNTY in monitoring the continued use and area of benefit of the real property purchased and/or improvements constructed pursuant to this Agreement, CITY shall maintain and make available to COUNTY, during each monitoring visit, records documenting the use and users of the property and/or improvements. Records shall include all fee schedules for use of the property and/or improvements; data and/or copies of applications documenting the name and address of each user and/or group served during the preceding twelve (12) months; and the specific functions, programs or services offered or delivered on specific dates to such users and/or groups.
A determination regarding continued compliance and/or any related findings, conditions or sanctions shall be made and communicated in writing to CITY by COUNTY following each monitoring visit.
8. Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts, or otherwise engage the services of, or fund any contract or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 2 CFR part 180.
9. Political Activity
CITY agrees that no Grant funds shall be expended to finance any political activity in contravention of the Hatch Act of 1939, as amended, 5 U.S.C. 15 et seq.
10. Prohibited Use of Federal Funds for Lobbying
CITY certifies, to the best of its knowledge and belief, that no federally appropriated funds have been paid or will be paid, by or on behalf of CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds, other than federally appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,
CITY shall complete and submit, in accordance with its instructions, Standard Form-LLL, "Disclosure of Lobbying Activities", attached hereto as Exhibit "E" and incorporated herein as if set forth in full.
CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under any federal grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
11. Use of Grant Funds for Religious Purpose
CITY agrees that no Grant funds shall be expended for the design, construction, operation, or maintenance of any facility used for inherently religious activities.
No person performing any service or providing any goods designated under this Contract shall participate in any political or religious activity on County time or in any manner involving the use of County property or expenditure of public funds nor conveying the implication of County endorsement or support for a candidate for local, state, or federal office.
Notwithstanding the foregoing, nothing in this Contract shall be construed to unlawfully limit an individual’s Constitutional rights. Accordingly, the limitations contained in this section are for the sole purpose of preventing proselytizing and politicking while engaged in the performance of services under this Contract.
12. Prohibited Interest of Officials and Employees
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer or employee of CITY, or its designees or agents, no member of the Board of Supervisors of COUNTY or any other public official who exercises any functions or responsibilities with respect to the Program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. CITY shall incorporate or cause to be incorporated, in all contracts or subcontracts, relating in any manner to this Agreement, a provision prohibiting such interest.
The PARTIES to this Agreement have read and are aware of the provisions of section 1090 et seq. and section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. All PARTIES hereto agree that they are unaware of any financial or economic interest of any public officer or employee of COUNTY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, COUNTY may immediately terminate this Agreement by giving written notice thereof. CITY shall comply with the requirements of Government Code, section 87100 et seq., during the term of this Agreement.
13. Federal Labor Standards and State Labor Code Provisions
Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, CITY and all contractors engaged under contracts for the construction, alteration, and/or repair of any building or work financed in whole or in part with federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the U. S. Department of Labor under 29 CFR parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CITY of its obligation to require payment of higher rates. Further, if the requirements of HUD and of the State of California are different in regards to matters including, but not limited to, hours of labor, payroll records, apprentices, workers’ compensation, and suits to recover penalties and forfeitures, CITY shall comply with the more restrictive provision.
CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the "Federal Labor Standards Provisions" clause, or any modification thereof, set out in Exhibit "F" attached hereto and incorporated herein by this reference as if set out in full. CITY shall comply with the procedures set out in HUD Handbook 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs", as amended, which is incorporated herein by this reference as if set forth in full.
CITY shall also cause or require to be inserted in full, in all contracts subject to State Labor Code regulations, the "State of California Labor Code Requirements" clause, or any modification thereof, set out in Exhibit "G" attached hereto and incorporated herein by this reference as if set out in full.
No awards of contracts covered under this section of this Agreement shall be made to any contractor who is ineligible under the provisions of any applicable regulations of the U. S.
Department of Labor and/or the State of California Department of Industrial Relations – Division of Labor Standards Enforcement to receive an award of such contract.
14. Nondiscrimination Requirements
CITY is subject to all applicable requirements of the following Acts, promulgations and regulations with respect thereto:
a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and the regulations issued pursuant thereto (24 CFR part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. Where the federal financial assistance is to provide or is in the form of personal property or real property interest therein or structures thereon, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, via the instrument effecting any disposition by the applicant or transferee, in the case of a subsequent transfer, of such real property, structures or improvements thereon, or interests therein, to require a covenant running with the land assuring nondiscrimination for the period during which the real property or structure is used
for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the applicant retains ownership or possession of the property, whichever is longer. Under this assurance the United States shall have the right to seek its judicial enforcement. CITY is required to take all measures necessary to effectuate this Title in the manner set forth in Section 1.5 of the above-mentioned regulation, a copy of which is attached hereto as Exhibit "H" and incorporated herein by this reference as if set forth in full. b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and requiring action to affirmatively further fair housing in the sale, lease or rental of housing, the financing of housing, and the provision of brokerage services within COUNTY's jurisdiction.
c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR part 570.602), which provide that no person in the United States shall on the grounds of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11063, as amended, and the regulations issued pursuant thereto (24 CFR part 107) which require that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof where such property or facilities are owned or operated by the federal government, or provided with federal assistance by HUD, and in the lending practices with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by HUD.
15. Equal Employment Opportunity
During the implementation of this Project/Activity and during subsequent operation of any facility assisted pursuant to this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
CITY shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by COUNTY and/or HUD setting forth the provisions of this nondiscrimination clause. CITY shall state, through such nondiscrimination clause, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
Government contracts. Except as otherwise provided for in Parts II, III and IV of Executive Order 11246, dated September 24, 1965, as amended, and in attendant Code of Federal Regulation provisions, CITY shall require to be included in each U. S. Government
contract entered into by CITY and modification thereof if not included in the original contract, the "Equal Opportunity" clause contained in Section 202 of Executive Order 11246 (48 CFR part 52.222 - 26), as amended, and set out in Exhibit "I", attached hereto and incorporated herein by this reference as if set forth in full.
CITY agrees that it shall assist and cooperate actively with COUNTY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish COUNTY, HUD and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist COUNTY and HUD in the discharge of their primary responsibilities for securing compliance.
CITY agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, CITY agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such; and refer the case to the Department of Justice for appropriate legal proceedings.
16. "Section 3" Compliance in the Provision of Training, Employment, and Business Opportunities for Lower-Income Persons
As applicable, CITY is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR part 75, and any applicable rules and orders of HUD issued thereunder. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted Projects/Activities covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.
CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed, in whole or in part, with assistance provided under this Agreement, the Section 3 clause entitled, "Economic Opportunities for Low- and Very Low-Income Persons", and set forth in Exhibit "J", attached hereto and incorporated herein by this reference as if set forth in full.
CITY itself, during its implementation of this Project/Activity shall, to the greatest extent feasible, seek out and attempt to award contracts to Section 3 business concerns for the business opportunities generated on this federally funded Project/Activity.
CITY shall provide such copies of 24 CFR part 75 as may be necessary for the information of the parties to contracts required to contain the Section 3 clause.
17. Small Business Concerns
CITY is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, the HUD applicable regulations issued pursuant thereto at 48 CFR, part 19, and any applicable rules and orders of HUD issued thereunder requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small business concerns in order to preserve free competitive enterprise; and placement with small business concerns of a fair proportion of the total federally funded purchases and contracts for property and services.
CITY shall implement the specific small business policies herein below stated in order to further applicable requirements of the Small Business Act:
a. Small business concerns shall be afforded an equal opportunity to compete for prime contracts and subcontracts. The "Utilization of Small Business Concerns" clause (48 CFR part 52.219-8) set forth in Exhibit "K", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity in amounts which may exceed the simplified acquisition threshold, currently set at ONE HUNDRED THOUSAND DOLLARS ($250,000) except (i) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, and (ii) contracts for services which are personal in nature. The "Small Business Subcontracting Plan" clause (48 CFR part 52.219-9) set forth in Exhibit "L", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($750,000) and which, in the opinion of COUNTY, offer substantial subcontracting possibilities.
b. Bidders’ mailing lists shall include established and potential qualified small business concerns.
c. Invitations for bids or requests for proposals shall be sent to all firms on the appropriate mailing list except that where use of less than a complete list is appropriate a pro rata number of small business concerns shall be solicited. d. Proposed procurements and contract awards shall be publicized in accordance with these policies.
e. Procurement of property and services shall be divided into reasonably small lots (not less than economic production runs) in order to permit bidding on quantities less than the total requirements.
f. The maximum amount of time practical shall be allowed for preparation and submission of bids and proposals.
g. Delivery schedules shall be established on a realistic basis which will encourage small business participation to the extent consistent with the actual requirements of the Small Business Act.
h. Applicable specifications, plans, and drawings either shall be furnished with invitations for bids and requests for proposals or, when not so furnished, information as to locations where they may be obtained or examined shall be furnished. i. In the event of equal low bids, awards shall be in accordance with 48 CFR part
14.408-6, "Equal Low Bids".
j. Subcontracting to enroll small business concerns shall be encouraged. k. Placement of small purchases (amounts under TWENTY FIVE THOUSAND DOLLARS [$25,000]) with small business concerns shall be encouraged. l. Small business concerns seeking Federal contracts, but found to lack qualifications as prime contractors, should be referred to COUNTY and the Small Business Administration for assistance as may be appropriate.
m. Offers from small business concerns otherwise qualified to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Act, 41 USC 35 et seq., shall be referred to COUNTY and Small Business Administration for possible certification of eligibility to receive and perform the contract.
n. To the extent practicable, work to be performed which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss shall be placed so that more than one small business concern may perform the work. o. A small business concern otherwise qualified to receive and perform specific federal contracts but determined to be non-responsible may be certified to be competent by the Small Business Administration under the provisions of the Small Business Act.
To facilitate the participation of small businesses in CDBG funded contracts, PLNR has developed a Small Business Affirmative Action Plan designed to carry out the procurement standards found at 2 CFR 200.321. A copy of the Plan is available upon request from COUNTY Planning and Natural Resources Department.
CITY agrees that the "Small Business Participation Requirements" clause set forth in Exhibit "M", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity for goods, services, and construction involving CDBG funding of more than the simplified acquisition threshold fixed at 41 U.S.C. 403 (11) (currently set at $250,000).
CITY further agrees that the "Small Business Subcontracting Program" clause set forth in Exhibit "N", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($750,000) and should be included in all contracts which may not exceed FIVE HUNDRED THOUSAND DOLLARS ($750,000) but which, in the opinion of COUNTY and HUD, offer substantial subcontracting possibilities.
18. Nondiscrimination on the Basis of Age
CITY is subject to the Age Discrimination Act of 1975, as amended, (Title III, Pub. L. 94-135) and attendant regulations at 24 CFR part 146, which prohibits, except as otherwise provided, that any person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. CITY is also subject to the Age Discrimination in Employment Act of 1967 addressing age discrimination in employment for persons between the ages of forty (40) and seventy (70) years.
19. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 COUNTY and CITY will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR part 570.606(b) and Department of Transportation implementing regulations at 49 CFR part 24; the requirements in 24 CFR part 570.606(c) governing the residential anti-displacement and relocation assistance plan under Section 104(d) of the Housing and Community Development Act of 1974 (Act) and displacement under Section 104(k) of the Act, and HUD implementing regulations at 24 CFR Part 42; and COUNTY may, at COUNTY’s option, comply with the relocation requirements of 24 CFR part 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act.
20. Rehabilitation Act of 1973 and Nondiscrimination Based on Handicap CITY is subject to the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended (29 USC 793 and 29 USC 794, respectively) and attendant regulation at 24 CFR 570.602, which provide that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clauses, or any modifications thereof, set out in 48 CFR part 52.222-36, attached hereto as Exhibit "O" and incorporated herein by this reference as if set forth in full.
21. Americans with Disabilities Act of 1990
Grant subgrantees and subrecipients agree to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, and any regulations issued pursuant thereto, which prohibits, at Title I thereof, discrimination by any employer, employment agency, or labor organization against any qualified individual with a disability in regard to any term, condition, or privilege of employment; makes applicable, at Title II thereof, the prohibition against discrimination on the basis of disability to all programs, activities and services provided or made available by state and local agencies or instrumentalities or agencies thereof, or by public entities that provide public transportation; prohibits, at Title III thereof, discrimination against disabled persons by privately operated public accommodations and in public transportation services provided by private entities; and which, at Titles IV and V thereof, makes further provisions against discrimination against disabled persons.
22. Architectural Barriers Act of 1968
CITY is subject to the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 - 4157 (Uniform Federal Accessibility Standards (UFAS)), and the regulations issued pursuant thereto (41 CFR part 102-76.25(b)), which require, except as otherwise provided, that all new construction and major renovations, provide full access to and use of Federallycontrolled facilities for physically impaired persons as required by the UFAS or the ADA Accessibility Guidelines, whichever is more stringent. Minor renovations in existing buildings shall meet minimum UFAS requirements. A more detailed explanation of these standards can be found in 36 CFR parts 1190 and 1191. CITY shall be responsible for compliance with the requirements of the Act during the design and construction and for the life of any improvements to be constructed as part of the Project/Activity, as defined herein. COUNTY shall have the right, at all reasonable times, to review construction plans and conduct inspections of the Project/Activity to determine if CITY is complying with these specifications.
23. Equal Opportunity for Veterans
CITY shall comply with 48 CFR part 22.13 et seq., and shall take affirmative action to employ, advance in employment and otherwise treat veterans without discrimination based on their disability or veteran’s status. In all contracts or agreements of TWENTY-FIVE THOUSAND DOLLARS ($50,000) or more relating to this Agreement, CITY shall include or cause to be included the "Equal Opportunity for Veterans" and the "Employment Reports on Veterans" clauses set out in Exhibit "P", attached hereto and incorporated herein by this reference as if set forth in full.
24. Environmental Considerations
In order to assure that the policies of the National Environmental Policy Act of 1969 ("NEPA"), as amended, and the California Environmental Quality Act of 1970 ("CEQA"), as amended, are most effectively implemented, COUNTY shall comply with HUD Environmental Review Procedures (24 CFR part 58) leading to environmental clearance for particular projects/activities, and the CEQA review procedures (Title 14, Section 15000 et seq. of the California Code of Regulations) in connection with this Project/Activity. In order to assure that the policies of NEPA and CEQA are carried out, CITY shall be responsible for complying with all conditions/mitigation measures specified during the environmental review process, all as more fully described in Schedule "A" attached hereto.
25. Lead Based Paint
CITY is subject to the prohibition against the use of lead-based paint. Section 401(b) of the Lead-Based Paint Poisoning Prevention Act directs the prohibition of the use of leadbased paint in residential structures constructed or rehabilitated with federal assistance.
Such prohibitions are contained in 24 CFR part 35.135, and are applicable to residential structures constructed or rehabilitated with the assistance of Grant funds.
26. Historic Preservation
CITY must take into account the effects of a project on any prehistoric or historic district, site, building, structure, or object listed in, or eligible for inclusion in, the National Register of Historic Places maintained by the National Park Service of the U. S. Department of the Interior. The National Register "Criteria for Evaluation" (36 CFR part 60.4) was established by the Secretary of the Interior, CITY shall make every effort to avoid, minimize, or mitigate any adverse effects on historic properties. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 USC 470f), Pub. L. 89-665; Executive Order 11593, Protection and Enhancement of the Cultural Environment (May 13, 1971); the Advisory Council on Historic Preservation (26 CFR part 800); and Section 3 of the Reservoir Salvage Act of 1960, (Pub. L. 86-523), as amended by the Archaeological and Historic Preservation Act of 1974, (Pub. L. 93-291), (16 USC 469a1), and their attendant implementing regulations.
27. Compliance with Clean Air and Water Acts
CITY is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., including the regulations of the Environmental Protection Agency at 40 CFR parts 6, 51, and 93; the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1251 et seq., and later enactments; and Executive Order 11738 dated September 10, 1973. CITY, also, agrees to comply with Executive Order 12088, relating to the prevention, control, and abatement of water pollution.
In no event shall any amount of assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.
28. Flood Disaster Protection
CITY is subject to the requirements of the Flood Disaster Protection Act of 1973 (Pub.
L. 93-234) which prohibits Federal financial assistance for acquisition or construction purposes, as defined under Section 3(a) of said act, for Projects/Activities within special hazard areas previously identified, ("Identified Area"), by the Director of the Federal Emergency Management Agency ("FEMA"), unless the Identified Area is in a community participating in the national flood insurance program and subject to the mandatory purchase of flood insurance requirements of said act. The PARTIES to this Agreement agree that the Project described in Schedule "A", attached hereto, is not located in an Identified Area.
Any contract for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Director of FEMA as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 USC 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.
In its compliance with the Flood Disaster Protection requirements of this Agreement, COUNTY hereby agrees to comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards.
29. Indemnification
CITY agrees to indemnify, defend, and hold harmless COUNTY and its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, expert fees, fees of County Counsel, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CITY or CITY’s officers, agents, employees, independent contractors, sub-contractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers’ compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CITY by any person or entity.
CITY acknowledges that CITY, and all contractors hired by CITY to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). CITY is and shall remain in compliance with the IRCA and shall ensure that only contractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. In addition, CITY agrees to indemnify, defend, and hold harmless the County, its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives, from any liability, damages or causes of action arising out of or relating to any claims that CITY’s employees or the employees of any contractor hired by CITY, are not authorized to work in the United States for CITY or its contractor and/or any other claims based upon alleged IRCA violations committed by CITY or its contractor(s).
30. Insurance
CITY in order to protect COUNTY and its board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CITY’s actions in connection with the performance of CITY’s obligations, as required in this Agreement, shall secure and maintain insurance as described below. CITY shall not perform any work under this Agreement until CITY has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the COUNTY’s authorized insurance representative. Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate.
Upon request, CITY shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon. The CITY shall promptly deliver to the COUNTY’s authorized insurance representative, a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to insurance representative prior to the
expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. CITY shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CITY or COUNTY as an additional insured.
a. Workers’ Compensation and Employers’ Liability Insurance Requirement - In the event CITY has employees who may perform any services pursuant to this Agreement, CITY shall submit written proof that CITY is insured against liability for workers’ compensation in accordance with the provisions of section 3700 of the California Labor Code.
CITY shall require any contractor or sub-contractor to provide workers’ compensation for all of the contractor’s or sub-contractor’s employees, unless the contractor’s or sub-contractor’s employees are covered by the insurance afforded by CITY. If any class of employees engaged in work or services performed under this Agreement is not covered by Labor Code section 3700, CITY shall provide and/or require each contractor or sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.
CITY shall also maintain employers’ liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
b. Liability Insurance Requirements:
1. CITY shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CITY’s performance of work under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. CITY shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement.
The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles used in the performance of services pursuant to this Agreement with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
(2) The Commercial General Liability and Automobile liability Insurance required herein shall include an endorsement naming the COUNTY and COUNTY’s board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any
operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
(3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to COUNTY and must be approved by the COUNTY Risk Manager.
(4) If any of the insurance coverages required under this Agreement is written on a claims-made basis, CITY at its option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than three (3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy. c. Cancellation of Insurance — The above stated insurance coverages required to be maintained by CITY shall be maintained until the completion of all of CITY’s obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by the CITY must be endorsed to provide that the coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. Such notice shall be by certified mail, return receipt requested. This notice requirement does not waive the insurance requirements stated herein. CITY shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. d. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best’s Key Rating Guide" publication with a minimum of a "A-; VII" rating. Any exception to these requirements must be approved by the COUNTY Risk Manager.
e. If CITY is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, CITY shall provide coverage equivalent to the insurance coverages and endorsements required above. COUNTY will not accept such coverage unless COUNTY determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CITY is equivalent to the above-required coverages. f. All insurance afforded by CITY pursuant to this Agreement shall be primary to and not contributing to all insurance or self-insurance maintained by COUNTY. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against the COUNTY.
g. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CITY for any liability, whether within, outside, or in excess of such
coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude COUNTY from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
h. Failure by CITY to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CITY. COUNTY, at its sole option, may terminate this Agreement and obtain damages from CITY resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CITY, COUNTY shall deduct from sums due to CITY any premiums and associated costs advanced or paid by COUNTY for such insurance. If the balance of monies obligated to CITY pursuant to this Agreement is insufficient to reimburse COUNTY for the premiums and any associated costs, CITY agrees to reimburse COUNTY for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by COUNTY to take this alternative action shall not relieve CITY of its obligation to obtain and maintain the insurance coverages required by this Agreement.
Subcontractor Requirements
(1) If CITY hires a consultant to provide professional services, such as architectural or engineering services under this Agreement, CITY shall require its consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of all required services under this Agreement, with coverage equal to the policy limits which shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
(2) During the construction of the Activity, CITY shall require that all contractors hired by CITY to perform work on the Activity Premises maintain the following insurance coverages at all times during the performance of said work:
(a) Commercial General Liability Insurance including Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Contractor’s performance of work. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles, with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
31. Captions and Interpretation
Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement.
The Recitals listed at the beginning of this Agreement are hereby incorporated into this Agreement.
No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.
32. Successors and Assigns of COUNTY
This Agreement shall be binding upon and inure to the benefit of the successors to or assigns of COUNTY.
33. Liens and Encumbrances
Without the prior consent of COUNTY, CITY shall not transfer, pledge, hypothecate, or encumber the Project/Activity property during the Change in Use Restriction Period.
34. Assignment and Subletting
CITY shall not assign any right, title or interest it may acquire by reason of this Agreement nor sublet any Project/Activity premises except upon first obtaining the written consent of COUNTY.
35. Concurrent Remedy
No right or remedy herein conferred on or reserved to COUNTY is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
36. Non Waiver
No covenant or condition of this Agreement to be performed by CITY can be waived except by the written consent of COUNTY. Forbearance or indulgence by COUNTY in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by CITY. A waiver of one covenant or condition by COUNTY does not grant or imply a waiver of any other covenant or condition to be performed by CITY. COUNTY shall be entitled to invoke any remedy available to COUNTY under this Agreement or by law or in equity despite said forbearance or indulgence.
37. Incorporation of Prior Agreements and Amendments
This Agreement, including all attachments hereto and any reference to pertinent federal or State laws and regulations, contains the entire Agreement between the PARTIES, relating to the services, rights, obligations and covenants contained herein and assumed by the PARTIES respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect. This Agreement may be modified in writing only, signed by the PARTIES in interest at the time of modification.
38. Severability
Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the PARTIES intended to enter into in the first instance.
39. Signatory Authority
Each individual executing this Agreement on behalf of each party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
CITY shall, prior to Agreement execution by COUNTY’s Board of Supervisors, deliver to COUNTY a copy of the resolution or minute order of CITY’s governing body authorizing the execution of this Agreement.
40. Procedure to Modify and Limitation of Term of Agreement a. Except as otherwise provided herein, the terms of this Agreement may only be modified by the written consent of the PARTIES hereto.
b. The expiration of this Agreement shall be determined as provided in Paragraph
1.f. of this Agreement.
41. Execution
This Agreement is effective upon the date indicated herein above. It is the product of negotiation and all PARTIES are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
42. Notices
Notices shall be sufficiently given hereunder if personally served upon the Clerk of the Board of Supervisors of the COUNTY or the Clerk of the CITY, or if sent by United States mail, postage prepaid, as follows:
directed to COUNTY, addressed to:
Planning and Natural Resources Department
Clerk of the Board of Supervisors
County Administrative Center
1115 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to CITY, addressed to:
Ronald Strand
City Manager
100 W California Ave.
City of Ridgecrest, California 93555
43. Construed According to California Law
The provisions of this Agreement shall be construed in accordance with the laws of the State of California.
44. Venue
This Agreement has been entered into and is to be performed in the County of Kern, California. Accordingly, the PARTIES agree that the venue of any action relating to this Agreement shall be in the County of Kern.
45. Opinions and Determinations
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, discretion, option, or determination of either COUNTY or CITY, such terms are not intended to be and shall not be construed as permitting such opinion, judgment, approval, review, discretion, option, or determination to be arbitrary, capricious, or unreasonable.
46. No Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement, shall be strictly reserved to COUNTY and CITY. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of COUNTY and CITY that any such person or entity, other than COUNTY and CITY, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective officers and agents hereunto duly authorized as of the day and year first above written.
APPROVED AS TO CONTENT:
Planning and Natural Resources Department
BY______________________________
Lorelei H. Oviatt, AICP, Director
COUNTY OF KERN
BY______________________________
Chairman, Board of Supervisors
________________________________________
Printed Name
“COUNTY”
APPROVED AS TO FORM:
Office of County Counsel
BY______________________________
Kathleen S. Rivera, Chief Deputy
CITY OF RIDGECREST
BY______________________________
___________________________________________
Printed Name
____________________________________________
Insert Title
“CITY”
I:\CEDD\AFC\PROJECTS\17-Ridgecrest\22.1 Leroy Jackson Park Skatepark Imp\Draft Ridecrest Agreement_Leroy Jackson Skatepark 3_11_24.doc
Title
Schedule A; CD Project # 17.22.1 – City of Ridgecrest – Leroy Jackson Park Skatepark Improvements Project
Project Purpose
Leroy Jackson Park is a park located in a low-income area of the City of Ridgecrest. The planned improvements will help increase the use of the skate park as well as allow extended use of the park in the summer months when the temperatures reach the triple digits. The City has stated that the public has requested these improvements on several occasions and will produce a safer environment at the skate park by allowing an area for parents to sit and watch their children. The City has stated will also allow children to sit in a safe environment, instead of on the skate features, and allow an area to cool off from the heat of the day.
Project Description
The project consists of design, construction and installation of identified Skatepark Shaded Seating at Leroy Jackson Park.
Activity Description
Planned activities consist of the design, construction and installation of a shaded covering, concrete slab, benches and related improvements.
Project Cost Estimate
The total amount of GRANT funds committed by the County of Kern (“County” or “COUNTY”) to the Project is ONE HUNDRED EIGHT THOUSAND THREE HUNDRED AND FORTY-SIX DOLLARS ($108,346). Individual line items and payment responsibilities within the following detailed cost estimate for GRANT funds may be modified under authority of the County’s Planning and Natural Resources (“PLNR”) Director provided that the total amount of GRANT funds committed does not exceed ONE HUNDRED EIGHT THOUSAND THREE HUNDRED AND FORTY-SIX DOLLARS ($108,346). In addition, City of Ridgecrest (“City” or “CITY”) shall be responsible for all other costs related to this Project in excess of the GRANT amount and pursuant to the Agreement.
Construction COUNTY
GRANT
Funds
CD Activity
#17.22.1
CITY and
Other
Funds
TOTAL
Shade Covering $29,122 $0 $29,122
Benches (6 total estimated at $1,555 each) $9,324 $0 $9,324 Concrete Slab $35,100 $0 $35,100
General Construction Costs 30,000 $0 $30,000
Total Construction Costs $103,546 $0 $103,546
Contingency (10% of Construction Cost) $3,000 $0 $3,000 Escalation (6% of Construction Cost) $1,800 $0 $1,800
Total Project Costs $108,346 $0 $108,346
Beneficiaries
Project activities benefit a service area of 9,165 persons, 52.86% of which are low to moderate income (2021 HUD 2011-15 ACS LMISD).
Anticipated Implementation Schedule
It is agreed between the COUNTY and CITY that time is of the essence in the implementation of the Activity described in this Agreement. CITY shall implement the Project in an expeditious manner and otherwise conform to the following time schedule:
Cumulitive time is from the date of execution by the Board of Supervisors:
a. Board of Supervisors excutes agreement……………........………………………....Week 1 b. CITY submits Insurance Certification forms to COUNTY …………….………….Week 2 c. CITY submits Bid Packages for County to review……………….…..……….…...Week 4 d. CITY completes review of Bid Packages……………………..……………………Week 5 e. CITY completes Bid Advertising………………………………..…………………Week 7 f. CITY completes Bid Opening………………………………………………….....Week 11 g. COUNTY reviews Bids…………………………………………………………...Week 12
h. CITY awards Contract(s)……….…………………………………………………Week 14 i. Begin Construction………………………………………………………………..Week 17
j. Complete Construction……………………………………………………………Week 23
k. COUNTY receives Notice of Completion………………………………………..Week 26 Other Provisions: The following provisions apply to this Project and must be completed prior to beginning any construction/installation related work: 1) For the procurement of construction materials, City will submit to the Planning and Natural Resources Deparment (PLNR) bid packages prior to bidding 2) Following bid process submint a summary of bidding results including the recommended low-bid vendor for PLNR’s review and approval.
Environmental Clearance: A statutory worksheet was completed for the project and the project activities were found to be Categorically Excluded under NEPA.
National Environmental Policy Act (NEPA) The Environmental Review Record (ERR) for CD Project #17.22.1 is maintained in the Planning and Natural Resources Department – Community Development Division, it contains:
1. 24 CFR Part 58 Environmental Review; and,
2. Early Consultation and comments received during the consultation process,
3. Request for Release of Funds approved by Board of Supervisors on March 12, 2024,
4. Authority of Grant Use Funds issued by HUD on xxx xx, 2024.
Project Conditions
The following are conditions of the project and are to be incorporated in the Project Plans and Specifications as required pursuant to the completed “Worksheet A”. The CITY shall notify the COUNTY if any subsequent project modifications are proposed that may affect the environmental clearance.
1. In accordance with the recommendations of the site specific biologic survey, Migratory Bird Treaty Act and California Fish and Game Code the following be incorporated into the implementation of the project:
The development shall adhere to all County/local ordinances for the minimization and avoidance of nesting birds that may be present in the area of the project.
2. In the unlikely event that any historical or cultural resources are encountered during the undertaking, all work shall halt in the area of the discovery and a qualified professional consultant be contacted to evaluate the findings and make any appropriate mitigation recommendations, as appropriate, pursuant to subsection 800.13(b).
California Environmental Quality Act (CEQA)
The COUNTY completed a CEQA exemption for the project on on February 6, 2024. All documentation pertaining to the CEQA clearance of the Project has been entered into the ERR file.
I:\CEDD\AFC\PROJECTS\17-Ridgecrest\22.1 Leroy Jackson Park Skatepark Imp\Schedule A_Draft_Leroy Jackson Skatepark.docx
WITHHELD CONTRACT FUNDS CERTIFICATION
Public Contract Code Section 22300 requires the inclusion in invitations for public agency bids and in public agency contracts a provision which will, at the expense of the contractor, permit the substitution of securities of equal value for any construction progress monies withheld to ensure performance under a contract. Therefore, as a contractor on Project No. , entitled:
.
□ I do not intend to substitute securities for monies withheld and thereby avail myself of the process and rights provided in Public Contract Code Section 22300. □ I do intend to exercise my option as specified in Public Contract Code Section 22300 and hereby agree to the following:
1. I will establish an escrow agreement satisfactory to the County, with a state or federally chartered bank, which shall contain at a minimum provisions governing inter alia:
a. The amount of securities to be deposited;
b. The type of securities to be deposited, (eligible securities for deposit are described in Government Code Section 16430);
c. The providing of powers of attorney or other documents necessary for the transfer of the securities deposited;
d. The terms and conditions of conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to, termination of the Contractor’s control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract;
e. The decrease in value of securities on deposit; and
f. The termination of the escrow agreement upon completion of the contract and acceptance by the COUNTY.
2. I will obtain written consent of the surety to any such agreement; and
3. I will attach to each progress payment submitted a notarized copy of escrow instructions executed by agents thereof and on bank letterhead as proof that such an account has been established. Such instructions will set forth that securities deposited shall not be withdrawn for any purpose (with contractor’s complete and unreserved agreement) without prior written approval by the County of Kern with respect to the project herein above referenced.
Contractor
By
(Signature) Business Address
(Title) Place of Residence
CDA-200 (July, 1992)
MEETING LABOR STANDARDS CONTRACT REQUIREMENTS
PRECONSTRUCTION CHECKLIST FOR CONTRACTORS
A. Introduction
The following checklist has been prepared to assist contractors and subcontractors in meeting their contractual labor standards responsibilities under federally assisted construction projects. All major administrative and procedural activities have been covered in the sequence they will occur as the construction project proceeds. Careful attention to and use of the checklist should result in a minimum number of problems with respect to labor standards.
B. Explanatory Notes
The word "County" can mean, as is appropriate to agreements between contracting entities; Kern County, or City, or District, or Local Development Corporation.
The word "employer" as used below refers to the project contractor, each subcontractor, or each lower-tier subcontractor. Payrolls and other documentary evidence of compliance are required to be delivered to the responsible County department for review. This delivery procedure is as follows:
1. Each lower-tier subcontractor, after careful review, delivers required documents to his/her respective subcontractor.
2. Each subcontractor, after checking his/her own and those of each lower-tier subcontractor, delivers required documents to the project prime contractor.
3. The prime contractor, after reviewing all weekly payrolls and other required documentation, including his/her own, and correcting violations where necessary, delivers all documents to the County.
NOTE: All employers should check each of the following statements as being true. If any statement is not true, the contractor should contact the County for special guidance.
C. Before construction begins, each employer has:
1. not been debarred or otherwise made ineligible to participate in any Federal or Federally assisted project.
2. received appropriate contract provisions covering labor standards requirements.
3. reviewed and understands all labor standards contract provisions.
4. received the Wage Decision which pertains to the contract.
5. requested through the County and received the minimum wage for each classification that will be working on the project and which was
not included on the wage decision; has not allowed any such trade classification to work on the project before receiving the requested minimum wage.
6. requested and received certification on his/her apprentice program from the U. S. Department of Labor – Office of Apprenticeship and delivered a copy thereof to the County prior to employment of apprentices on the project. Likewise, "trainee" program certification from USDOL/OA, if applicable, must be so delivered.
7. registered with the California Department of Industrial relations pursuant to Labor Code section 1725.5, or verified that the contract is not subject to the requirements of Chapter 1 of Part 7, Division 2 of the Labor Code
D. At construction start, the employer has:
1. notified the County of the proposed construction start date in writing.
2. received written Notice to Proceed from the County.
3. placed each of the following on a bulletin board prominently located on the project site which can be easily seen by the workers (and replaced if lost or unreadable any time during construction):
Wage Decision
Notice to Employee (WH 1321)
Equal Employment Opportunity is the Law
4. obtained the worker's name, mailing address, and Social Security Number for payroll purposes, before assigning each project worker to work,
5. obtained proof of each apprentice's individual registration in an approved apprenticeship program from the USDOL/OA.
6. informed each worker of:
a. his/her work classification as it will appear on the weekly payroll and on the project Wage Decision.
b. his/her duties of work.
c. the U. S. Department of Labor's requirement on this project that the worker is either a journeyman, apprentice, or laborer – If a journeyman, he/she is to be paid a journeyman's minimum project wage decision rate, or more;
If an apprentice, he/she is to be paid not less than the apprentice's rate for the trade based on his/her year of apprenticeship; or
If a laborer, he/she is to do a laborer's work only (not use any tool or tools of a trade) and not perform any part of a journeyman's work and is to be paid the laborer's minimum project wage decision rate or more.
7. understood the requirements that each laborer or mechanic who performs work on the project in more than one classification within the same work week shall be classified and paid at the highest wage rate applicable to any of the work which he/she performed unless the following requirements are met:
a. Accurate daily time records shall be maintained. These records must show the time worked in each classification, the rate of pay for each classification, and must be signed by the workman. b. The payroll shall show the hours worked in each classification and the wage rate paid for each classification.
c. The payroll shall be signed by the workman or a signed copy of the daily time record shall be attached thereto.
8. informed each worker of his/her hourly wages (not less than the minimum wage rate for his/her work which is stated in the project Wage Decision), explaining provisions for:
a. time and a half for all hours worked in excess of 8 in a day or 40 in a calendar week as provided for in the Contract Work Hours Safety Standards Act and in the State Labor Code,
b. fringe benefits, if any (see project Wage Decision for any required), and
c. deductions from his/her pay.
9. informed each worker that he/she is subject to being interviewed on the job by the responsible County department, HUD, Department of Labor, or other U. S. Government Inspector, to confirm that his/her employer is complying with all labor requirements.
10. informed each journeyman and each apprentice that a journeyman must be on the job at all times when an apprentice is working.
E. During Construction, each employer:
1. has not selected, assigned, paid different pay rates to, transferred, upgraded, demoted, laid off, nor dismissed any project worker because of race, color, religion, sex, or national origin.
2. has employed all registered apprentices referred to him/her through normal channels up to the applicable ratio of apprentices to journeymen in each trade used by the employer.
3. will maintain basic employment records accessible to inspection by the County or U. S. Government representative.
4. will comply with all health and safety standards.
5. has paid all workers weekly.
6. has submitted original weekly payrolls —
a. prepared on recommended Form WH-347: available from:
Superintendent of Documents
Government Printing Office
Washington, D. C. 20402
Contractors who wish to purchase these forms are urged to enter their orders promptly because the Superintendent of Documents takes six weeks to fill orders. It is permissible for contractors to reproduce the forms.
NOTES:
Any alternate payroll form used should be cleared with the County before the employer starts work on a project. A computer printout, for example, is acceptable provided all data shown on the front and back of Payroll Form WH-347 is on, or included with, the payrolls delivered to the County.
Some employers place all project workers on Payroll Form WH347. The County does not review those project workers, listed on the payroll, who perform work that is descriptive of any of the following job titles which are exempt from labor requirements:
project superintendent
project engineer
supervisory foreman (less than 20% of time as working
foreman)
messenger
clerical worker (timekeeper, payroll clerk, bookkeeper) b. Front page of payroll (Form WH-347)
1) Heading (6 "blocks" of information)
i) Name of Contractor or Subcontractor. Box is marked,
whether contractor (prime) or subcontractor and name of employer is stated.
ii) Address. Street address or P. O. Box, City, State, and Zip Code of employer is stated.
iii) Payroll No. Each weekly payroll is numbered in
sequential order starting with Payroll No. "1".
Payroll for final work week is marked “Final."
iv) For Week Ending. The last date of the work week is
stated in this "block."
v) Project and Location. Name of project and community in which located.
vi) Project or Contract No. CD Project and/or Contract
Number.
2) Internal Revenue Service (IRS) Employer Identification Number. The initial payroll submission from each contractor and subcontractor shall contain the applicable IRSEmployer's Identification Number written in the upper right corner of Form WH-347.
3) Body (9 Columns of information)
i) Column 1 – Name, Address, and Social Security
Number of Employee (Worker). Name stated as it
appears on pay check.
Worker's best mailing address and social security
number is stated on Payroll No. 1 or the payroll on which the worker's name first appears.
If worker’s address changes while working on the
project, that worker's new address is stated on next
applicable payroll.
If any two or more workers have the same name, their
social security numbers are included on each weekly
payroll to denote separate identification.
ii) Column 2 – No. of Withholding Exemptions. For
employer's convenience – entry not required by County.
iii) Column 3 - Work Classification. Must be included as it appears on the project Wage Decision (with Group
Number, if any), denotes the work which the worker
actually performed. State Federal classification, even
when a higher State wage is paid.
NOTE:If the applicable classification is not included in the Wage Decision, contractor should call the
responsible County department immediately, and
request classification by Additional Classification
Process via HUD.
Apprentice. If worker is an apprentice, the type of
apprentice (Electrical, Plumbing, Cement Mason, etc.) is included in this column each time the apprentice's name appears on a weekly payroll,
Split Classification. If worker has performed more than one class of work during the work week, such as
carpenter and laborer, the division of work will be shown on separate lines of the payroll. An accurate daily time record must show the exact hours of work performed
daily in each class of work, and must be signed by the
affected workman,
Each class of work he/she performed is stated in
Column 3 in separate "blocks." His/her name is
repeated in corresponding "blocks" in Column 1,
The breakdown of hours worked daily under each work
classification is stated in Column 4, and total for week in Column 5,
The applicable wage rate for each classification of work is stated in Column 6,
The payroll is signed by the workman in the related
"blocks" or a signed copy of the daily time records are attached to the payroll,
If the above is not done, the worker must be paid at least the highest minimum wage rate of all the classes of work performed for all hours worked.
NOTES:
Average Pay of Two Classes of Work is Not Acceptable.
The employer shall not pay a "semi-journeyman" or
semi-skilled laborer the average of journeyman's and
laborer's rates. The actual hours each worker uses tools of trade (journeyman) and each hour he does not use
tools of the trade (laborer) must be recorded in separate "blocks" in Column 3 of the payroll.
Helper. The work classification of "helper" is not
accepted by the Department of HUD, unless included in
the Wage Decision issued by the Secretary of Labor for
the project. Any employee listed as "helper" in absence of such classification in the Wage Decision must be paid the journeyman's rate for hours he uses tools of the
trade.
iv) Column 4 - Day and Date. Label the columns within
Column 4 with the days of the work week and the
corresponding dates of the month.
Hours Worked Each Day:
Row O – Overtime Hours are stated for all time worked
in excess of 8 hours in any day or 40 hours in any
calendar week.
Row S – Straight Hours are stated for each day worked
up to 8 hours in any day or 40 hours in any calendar
week.
v) Column 5 - Total Hours.
Row O – Total overtime hours worked during the work
week (sum of 7 sub-columns in Column 4).
Row S – Total straight hours worked during the work
week (sum of 7 sub-columns in Column 4), maximum of
40 hours.
vi) Column 6 - Rate of Pay.
Row O – Must not be less than 1-1/2 times the worker's
basic hourly rate of pay (State Labor Code) stated in
Column 6, Row S.
Row S – Actual wage paid, which must not be less than
the minimum wage rate for the work classification stated in Column 3 (see Federal Wage Decision and State
Prevailing Wage, use whichever is higher).
Apprentices. If a copy of the apprentice's registration certificate from the State BAT has not been submitted to County by employer (through the prime contractor),
apprentice must be paid journeyman's rate.
Piece Worker. Piece work must be stated in Column 6
at an hourly rate computed as the gross pay for the work week (work on the project) divided by the total number of hours worked on the project during the work week.
vii) Column 7 - Gross Amount Earned.
Upper Left – Equals straight hours shown in Column 5,
Row S times straight rate of pay shown in Column 6,
Row S plus overtime hours (if any) shown in Column 5,
Row O times overtime rate of pay shown in Column 6,
Row O.
Lower Right – Equals gross amount earned on project
shown in Column 7, Upper Left plus the gross amount
earned for all worked performed by worker during the
work week on other projects, jobs, contracts, etc.
viii) Column 8 - Deductions. Each deduction made
(especially “Other Deductions”) is required by law, or
voluntarily authorized by the worker in writing before the work week began, or provided in a bargaining
agreement to be deducted from the respective worker's
pay.
Other – All deductions in this sub-column have been
specifically identified in the space provided between item (1) and (2) on the back of Payroll Form WH-347(left side of form).
ix) Column 9 - Net Wages Paid for Week. Total gross
amount earned shown in Column 7, Lower Right minus
total deductions shown in Column 8.
c. Back of Payroll (Form WH-347), each employer has:
1) completed all blank spaces and understands the penalties for falsification,
identified all “Other” deductions shown in the sub-column of Column 8 on the front of the form,
checked Item 4 if fringe benefits are included in the Wage Decision for any of his/her workers -
4(a) - if fringe benefits are paid to approved fund(s), or 4(b) - paid directly to each affected worker - included in paycheck for the work week - his/her paycheck
representing at least the pay of the applicable
minimum wage rate plus the amount of required
fringe benefits.
provided detail of exceptions to section 4(a) or 4(b), such as s split in fringe benefits where vacation is paid in cash and all other fringes are paid to a plan,
remarked on rate of pay calculations, such as the calculation of an overtime rate when fringe benefits are paid in cash, 2) manually signed (with a “wet signature”) the payroll in ink in the "block" marked signature, and stated his/her title. 3) verified the person who signed the payroll is the employer or an official of the employer who is legally authorized to act for the employer.
d. Weekly Payroll Review. Each employer has promptly reviewed the weekly payroll for compliance with all labor requirements (using this checklist) and made necessary corrections.
Each Lower-tier Subcontractor has delivered his/her weekly payroll to the respective subcontractor within three (3) calendar days from the last date of the work week.
Each subcontractor has received a payroll from each of his/her lower-tier subcontractors; reviewed each and his/her own payroll; required necessary corrections; and delivered all of such payrolls to the prime contractor within five (5) calendar days from the last date of the work week.
Contractor has received a payroll from each subcontractor and each lower-tier subcontractor; monitored each including his/her own payroll; required necessary corrections; and collectively delivered them to the County within seven (7) work days of the last date of the respective work week.
F. After Project Completion, each employer:
will keep all weekly payrolls related to the project for three (3) years after the contractor's project completion date or until all project audit issues are resolved, whichever is later.
Revised: April 2016
M A T E R I A L C O V E R E D A T P R O J E C T
P R E C O N S T R U C T I O N C O N F E R E N C E
PURPOSE
AGENDA
I. Contractor/Subcontractor Information Sheet Form CDA-100 II. Section 3 Compliance Instructions
III. Executive Order No. 11246, amended by Executive Order No. 11375, Equal Employment Opportunity
IV. Contractor's Ratio of Apprentices to Journeymen AND Proving Employee Apprentice Status
V. Project Wage Determination
VI. Fringe Benefit Statement
VII. U.S. Department of Labor Form WH-347, Weekly Payroll Sheet VIII. Working Subcontractors
IX. Record of Employee Interview, Form HUD 11
PRECONST_Revised_12_12_22
Revised 2022
Preconstruction Conference
PRECONSTRUCTION CONFERENCE
PURPOSE
HUD requires that CDBG recipients hold a conference with the principal project contractor and all available subcontractors prior to the actual start of project construction. Seven days lead notice of conference date is required by HUD. The purpose of the Conference is to inform project contractors of their responsibilities relating to Equal Employment Opportunity, Federal Labor Standards, and general contract compliance.
AGENDA
I. Contractor/Subcontractor Information Sheet, Form CDA-100 A. Required for completion of County's Contract and Subcontract Activity Report to HUD.
B. This form is used to document whether the contractor/subcontractor is a:
1. Minority Contractor
2. Woman Contractor
3. Contractor whose contract was procured by Competitive Bidding C. Submission is required prior to issuance of "NOTICE TO PROCEED." D. Construction cannot start until proper review and approval by County.
II. Section 3 Compliance Instructions
A. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the HUD financial assistance on this project shall, to the greatest extent feasible, and consistent with existing federal, state and local laws and regulations, be directed to low - and very low - income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the federal assistance is spent.
B. Under Part 75, Section 3 applies to those projects that receive HUD financial assistance exceeding $200,000, for all contracts and subcontracting opportunities. If this project exceeds that assisted threshold, it is subject to the Section 3 requirements. Section 3 does not apply to material supply contracts.
C. Please consult the Section 3 Compliance Instructions contained in the project Preconstruction Conference
specification manual for more details regarding project Section 3 compliance.
III. Executive Order No. 11246, amended by Executive Order No. 11375, Equal Employment Opportunity.
A. The purpose of Executive Order No. 11246, as amended by Executive Order No. 11375, is to assure that project contractors and subcontractors will not discriminate against project employees in regard to their race, color, religion, sex or national origin.
B. For federally funded construction contracts in excess of $10,000, contractors and subcontractors are required to make a good faith effort to ensure that 19.1% of all work hours are performed by minority workers and that 6.9% of all work hours are performed by women.
C. Written Affirmative Action Plans are required for federally funded construction prime contracts of $1,000,000 or more and for subcontracts of $100,000 or more.
D. All contractors and subcontractors working on federally-assisted construction projects are required, by the U.S. Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs (OFFCP) to collect race and gender information on construction employees, classified by trade. This information must be maintained not only for this project, but for all work your firm is performing, whether it is federally funded or not. The U. S. Department of Labor reserves the right to review this information in the future.
E. HUD may impose sanctions such as contract suspension or termination and/or debarment in future federally funded construction projects in cases of noncompliance.
IV. Contractor's Ratio of Apprentices to Journeymen AND Proving Employee Apprentice Status
A. The purpose of the Contractor's Ratio of Apprentices to Journeymen is to comply with the California Labor Code regarding employment of apprentices on public works projects.
B. The contractor or subcontractor shall apply for a certificate from the local craft Joint Apprenticeship Council, approving the contractor's or subcontractor's participation in an apprenticeship program.
C. The ratio of apprentices to journeymen in any craft or trade employed on a public works project is to be no less than one apprentice to each five Journeymen.
Preconstruction Conference
D. Noncompliance requires withholding of fifty dollars ($50.00) from progress payments for each day of noncompliance.
E. For each apprentice listed on project payrolls, the contractor or subcontractor shall submit with the first payroll the apprentice is listed on, current registration information from the U. S. Department of Labor - Office of Apprenticeship. Copies of Apprentice Agreements will no longer be accepted as proof of registration in an approved program. ALSO, each apprentice who is listed on project payrolls must have listed for them what type of apprentice (Electrical, Plumbing, Cement Mason, etc.) they are.
V. Project Wage Determination
A. The Wage Determination lists the minimum wages to be paid all non-supervisory employees.
B. Listed are the different Hourly Rates of Pay for all employees depending upon each employee's Labor Classification and Group Number.
C. All employees listed on any project payrolls are to be listed by their proper Labor Classification Title and Group Number as found in the project Wage Determination for the type of work they actually perform.
VI. Fringe Benefit Statement
A. The purpose of the “Fringe Benefit Statement” is to have the contractor/subcontractor provide additional information regarding fringe benefits paid into an “...approved plan, fund, or program.”
B. Listed are the hourly rates for the various categories of fringe benefits, and the name & address of the fund to which the fringe benefits are being paid into, for each labor classification being used on the job-site.
C. The information provided on this Statement is used to assist the project monitor in payroll reviews to verify that employees are receiving the required total wage package (the basic rate plus fringe benefit per hour).
D. The “Fringe Benefit Statement” is to be submitted by the prime contractor and each subcontractor (who has not already indicated that fringe benefits are being paid in cash to the employee) with the first weekly Certified Payroll for work performed.
VII. U. S. Department of Labor Form WH-347, Weekly Payroll Sheet Preconstruction Conference
A. The purpose of Form WH-347, Weekly Payroll Sheet, is to verify that all project employees are being paid weekly and correctly. The use of any other payroll form will be acceptable only if its format includes all the information needed to meet HUD requirements. All payrolls submitted must be originals, with “wet signatures” on the Statements of Compliance.
B. The Weekly Payroll Sheet is to be submitted to the County/Owner/Architect or Engineer once a week, each week, that work was done on this project.
C. Weekly Payroll Computations will be checked for both mathematical accuracy and for any non-permissible deductions.
D. Untimely submittal or submittal with errors will require holding up of progress payments, until this form is received.
E. Prime Contractors and subcontractors must retain their basic payroll records (payroll register, individual earning cards, check stubs, etc.) for a three year period after completion of the project.
F. If requested, contractors shall make their Superintendent's log book available to the payroll reviewer for payroll compliance review purposes.
VIII. Working Subcontractors
A. The payment of prevailing wage rates established by HUD provide that the wage protections afforded apply to laborers and mechanics employed on federally-assisted construction contracts regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Additionally, all laborers and mechanics must be paid unconditionally and not less often than once per week. There is no exception to this protection for self-employed laborers or mechanics, including owners of businesses, sole-proprietors, partners, corporate officers, or others.
B. “Laborers and mechanics” may not certify to the payment of their own prevailing wages EXCEPT where the laborer or mechanic is the owner of a business working on the site of the work with his/her own crew.
C. Payrolls submitted reporting singe or multiple owners certifying that they have paid to themselves the prevailing wage for their craft are unacceptable; rather, such laborers or mechanics must instead be carried on the certified payroll of the contractor or subcontractor (the “responsible employer”) for whom they are working and with whom they have executed a contract.
Preconstruction Conference
D. Whatever method of compensation computation is utilized, the amount of weekly compensation divided by the actual hours of work performed for that week must result in an “effective” hourly wage rate for that week that is not less than the prevailing hourly rate for the type of work involved. The name, work classification, actual hours of work, effective hourly wage rate, and wage payment of each self-employed laborer and mechanic must be reported and certified on the responsible employer’s weekly payroll.
E. More extensive guidance for the Federal prevailing wage requirements and compliance standards for self-employed laborers and mechanics (also referred to as “working subcontractors”) is detailed in Labor Relations Letter No. LR-96-01, dated December 2, 1996. Additional information is also provided regarded HUD’s compliance and certification parameters for owner-operators of power equipment and truck drivers.
IX. Record of Employee Interview, Form HUD-11
A. Interviews will be conducted by County/Owner/Architect or Engineer staff or their designee.
B. Required to document the confirmation that::
1. Project Employees are working in the correct classification; and
2. For the correct pay.
B. Random samples of each contractor/subcontractor(s) workforce will be interviewed throughout the course of the project.
D. Comparisons of interview forms with the Weekly Payroll Sheets and Prevailing Wage Decision will assure proper payment to project workforce.
E. Failure to resolve discrepancies within a reasonable period of time will cause future progress payments to be held up.
F. County/Owner/Architect or Engineer staff who administer the HUD-11 forms are hereby reminded that they are to indicate “None” in the Remarks sections of the form when there is nothing additional to report from the actual interview or the comparison of the HUD-11 form to the payroll and the project wage decision. The HUD-11 interviewer and payroll examiner are each to sign and date the form in the spaces provided when they have completed the interview and examination.
Preconstruction Conference
200.302 Financial management.
(a) Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds. In addition, the state's and the other non-Federal entity's financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by general and program-specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the Federal statutes, regulations, and the terms and conditions of the Federal award. See also § 200.450.
(b) The financial management system of each non-Federal entity must provide for the following (see also §§ 200.334, 200.335, 200.336, and 200.337):
(1) Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the Assistance Listings title and number, Federal award identification number and year, name of the Federal agency, and name of the pass-through entity, if any. (2) Accurate, current, and complete disclosure of the financial results of each Federal award or program in accordance with the reporting requirements set forth in §§ 200.328 and 200.329. If a Federal awarding agency requires reporting on an accrual basis from a recipient that maintains its records on other than an accrual basis, the recipient must not be required to establish an accrual accounting system. This recipient may develop accrual data for its reports on the basis of an analysis of the documentation on hand. Similarly, a pass-through entity must not require a subrecipient to establish an accrual accounting system and must allow the subrecipient to develop accrual data for its reports on the basis of an analysis of the documentation on hand.
(3) Records that identify adequately the source and application of funds for federally-funded activities.
These records must contain information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
(4) Effective control over, and accountability for, all funds, property, and other assets. The non-Federal entity must adequately safeguard all assets and assure that they are used solely for authorized purposes. See § 200.303.
(5) Comparison of expenditures with budget amounts for each Federal award. (6) Written procedures to implement the requirements of § 200.305. (7) Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award.
NOLOBBY.EXB (Rev. 7-97) Page 1 of 2 EXHIBIT "E"
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose Lobbying activities pursuant to 31 U.S.C. 1352 (See page 2 for public burden disclosure)
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year___________ quarter______________
date of last report__________________ __
4. Name and Address of Reporting Entity:
Prime Subawardee
Tier , if known:
Congressional District, if known:
5. If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable: _____________________
8. Federal Action Number: 9. Award Amount:
$
10a. Name and Address of Lobbying Registrant:
(if individual, last name, first name, MI)
b. Individuals Performing Services: (including address if different from No. 10a.)
(last name, first name, MI)
11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
Signature:________________________________________________ Print Name:_______________________________________________ Title:_____________________________________________________ Telephone No.:_______________________ Date:_______________ Federal Use Only:
Approved by OMB
0348-0046
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
NOLOBBY.EXB (Rev. 7-97) Page 2 of 2 EXHIBIT "E"
INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification on this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, Unites States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal [RFP] number, Invitation for Bid [IFB] number, grant announcement, number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers.
(ii) Additional Classifications.
(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.)
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
(2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federallyassisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S.
Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) Payrolls and basic records.
(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
(ii) Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.)
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefitsin accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility. (i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual 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.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) 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 subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) 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 subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and 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 subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
STATE OF CALIFORNIA LABOR CODE REQUIREMENTS
Unless specified otherwise, any reference in this Section to subcontractor shall also include the prime construction contractor.
Labor Code Requirements
Attention is directed to the following requirements of the Labor Code:
(a) Hours of Labor
Eight hours labor constitutes a legal day's work. CITY or any subcontractor under CITY shall forfeit, as a penalty to the Planning and Natural Resources Department - Community Development Division, $25 for each worker employed in the execution of the construction under the contract by CITY or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of CITY in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. (b) Prevailing Wage
1. In respect to the Grant funded construction, CITY and any subcontractor under CITY shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, CITY and any subcontractor under CITY shall forfeit to the Planning and Natural Resources Department - Community Development Division a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CITY or by any subcontractor under CITY in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of CITY or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of CITY or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by CITY or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if CITY or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by CITY or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project or CITY is not liable for the penalties described above unless the prime contractor or CITY had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor or CITY fails to comply with all of the following requirements:
a. The contract executed between CITY and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
b. CITY shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. c. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, CITY shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
d. Prior to making final payment to the subcontractor for work performed on the public works project, CITY shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
2. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify CITY on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CITY shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. CITY shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by CITY within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, CITY shall pay all moneys retained from the subcontractor to COUNTY. These moneys shall be retained by COUNTY pending the final decision of an enforcement action.
3. Pursuant to the requirements in Section 1773 of the Labor Code, CITY has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
4. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at: http://www.dir.ca.gov.
5. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.
Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract.
CITY shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
6. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by CITY at a prominent place at the site of the work.
7. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to CITY for the project.
8. COUNTY will not recognize any claim for additional compensation because of the payment by CITY or its subcontractor of any wage rate in excess of the prevailing wage rate set forth in the contract. (c) Payroll Records
1. Attention is directed to the requirements in Labor Code Section 1776, a portion of which is quoted below.
Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations. “Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in the
connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. "The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CITY on the following basis:
a. Certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. b. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c. A certified copy of all payroll records shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by CITY, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of CITY.
"The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. "CITY or subcontractor shall file a certified copy of the records with the entity that requested the records within 10 days after receipt of a written request.
"Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of CITY and the subcontractor performing the contract shall not be marked or obliterated.
"The subcontractor shall inform the body awarding the contract of the location of the records including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
"CITY or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records. In the event that CITY or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. CITY is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
2. The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to CITY.
3. A copy of all payrolls shall be submitted weekly to CITY. Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance"
signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms furnished by the Department or on any form with identical wording. CITY shall be responsible for the submission of copies of payrolls of all subcontractors. CITY and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the contract. (d) Apprentices
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, CITY or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works contract. Responsibility for compliance with this section lies with CITY.
(e) Workers' Compensation
Pursuant to the requirements in Section 1860 of the Labor Code, the subcontractor will be required to secure the payment of workers' compensation to the subcontractor's employees in conformance with the requirements in Section 3700 of the Labor Code. Prior to the commencement of work, the subcontractor shall sign and file with CITY a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
This certification is included in the contract, and signature and return of the contract shall constitute signing and filing of the certificate.
(f) Suits to Recover Penalties and Forfeitures
1. Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or contract provisions based on those laws.
2. Those sections provide that a suit on the contract for alleged breach thereof in not making the payment is the exclusive remedy of the subcontractor or the subcontractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received the amounts withheld from payment for those penalties and forfeitures is not a prerequisite for those suits, and these claims will not be considered.
(g) Required Registration with the California Department of Industrial Relations A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
Pursuant to California Labor Code 1725.5, all contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work
contract. Detailed information about contractor’s responsibilities and online registration may be obtained on the State of California Department of Industrial Relations, Public Works website, http://www.dir.ca.gov/PublicWorks/PublicWorks.html
NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(24 CFR, Subtitle A, Part 1, Section 1.5 Assurances Required) § 1.5 Assurances required.
(a) General.
(1) Every contract for Federal financial assistance to carry out a program or activity to which this part 1 applies, executed on or after January 3, 1965, and every application for such Federal financial assistance submitted on or after January 3, 1965, shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to such contract or application, contain or be accompanied by an assurance that the program or activity will be conducted and the housing, accommodations, facilities, services, financial aid, or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. In the case of a contract or application where the Federal financial assistance is to provide or is in the form of personal property or real property or interest therein or structures thereon, the assurance shall obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases the assurance shall obligate the recipient for the period during which Federal financial assistance is extended pursuant to the contract or application. The responsible Department official shall specify the form of the foregoing assurance for such program or activity, and the extent to which like assurances will be required of subgrantees, contractors and subcontractors, transferees, successors in interest, and other participants in the program or activity. Any such assurance shall include provisions which give the United States a right to seek its judicial enforcement.
(2) In the case of real property, structures or improvements thereon, or interests therein, acquired through a program of Federal financial assistance the instrument effecting any disposition by the recipient of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. In the case where Federal financial assistance is provided in the form of a transfer of real property or interests therein from the Federal Government, the instrument effecting or recording the transfer shall contain such a covenant. (3) In program receiving Federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. (b) Preexisting contracts—funds not disbursed. In any case where a contract for Federal financial assistance, to carry out a program or activity to which this part 1 applies, has been executed prior to January 3, 1965, and the funds have not been fully disbursed by the Department, the responsible Department official shall, where necessary to effectuate the purposes of this part 1, require an
assurance similar to that provided in paragraph (a) of this section as a condition to the disbursement of further funds.
(c) Preexisting contracts—periodic payments. In any case where a contract for Federal financial assistance, to carry out a program or activity to which this part 1 applies, has been executed prior to January 3, 1965, and provides for periodic payments for the continuation of the program or activity, the recipient shall, in connection with the first application for such periodic payments on or after January 3, 1965:
(1) Submit a statement that the program or activity is being conducted in compliance with all requirements imposed by or pursuant to this part 1 and
(2) provide such methods of administration for the program or activity as are found by the responsible Department official to give reasonable assurance that the recipient will comply with all requirements imposed by or pursuant to this part 1.
(d) Assurances from institutions.
(1) In the case of any application for Federal financial assistance to an institution of higher education, the assurance required by this section shall extend to admission practices and to all other practices relating to the treatment of students.
(2) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of persons as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such persons, shall be applicable to the entire institution unless the applicant establishes, to the satisfaction of the responsible Department official, that the institution's practices in designated parts or programs of the institution will in no way affect its practices in the program of the institution for which Federal financial assistance is sought, or the beneficiaries of or participants in such program. If in any such case the assistance sought is for the construction of a facility or part of a facility, the assurance shall in any event extend to the entire facility and to facilities operated in connection therewith.
(e) Elementary and secondary schools. The requirements of this section with respect to any elementary or secondary school or school system shall be deemed to be satisfied if such school or school system (1) is subject to a final order of a court of the United States for the desegregation of such school or school system, and provides an assurance that it will comply with such order, including any future modification of such order, or
(2) submits a plan for the desegregation of such school or school system which the responsible official of the Department of Health and Human Services determines is adequate to accomplish the purposes of the Act and this part 1 within the earliest practicable time, and provides reasonable assurance that it will carry out such plan.
[38 FR 17949, July 5, 1973, as amended at 50 FR 9269, Mar. 7, 1985]
EQUAL OPPORTUNITY
(48 CFR 52.222-26)
(Sept 2016)
(a) Definitions. As used in this clause—
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if—
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b)(1) If, during any 12–month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60–
1.5).
(c)(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60–1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by—
(A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO–1), or any successor form, as prescribed in 41 CFR part 60–1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60–1.
ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to lowand very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 requirement, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
UTILIZATION OF SMALL BUSINESS CONCERNS
(48 CFR 52.219-8)
(September 2023)
a) Definitions. As used in this contract—
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern— (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
(c)(1) A joint venture qualifies as a small business concern if— (i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or (ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program.
(2) A joint venture qualifies as—
(i) A service-disabled veteran-owned small business concern if it complies with the requirements in 13 CFR part 125; or
(ii) A HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.
(e)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor
represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteranowned small business, or a women-owned small business in the System for Award Management (SAM) if—
(i) The subcontractor is registered in SAM; and
(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. (3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.
SMALL BUSINESS SUBCONTRACTING PLAN
48 CFR § 52.219-9
(OCT 2022)
(a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause—
Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
Commercial product means a product that satisfies the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101.
Commercial service means a service that satisfies the definition of “commercial service” in FAR
2.101.
Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.
Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
Total contract dollars means the final anticipated dollar value, including the dollar value of all options.
Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.
(c)
(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (2)
(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.
(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—
(A) The subcontractor is registered in SAM; and
(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.
(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract. (iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status. (d) The Offeror's subcontracting plan shall include the following:
(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors.
For individual subcontracting plans, and if required by the Contracting Officer, goals shall also