Mayor and City Council
December 4, 2024

including Employer's Liability with two hundred- and fifty-thousand-dollar ($250,000) limits, covering all persons, including volunteers, providing Services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

Commercial/General Liability Insurance
Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse, and underground hazards.
e. Personal Injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

Automobile Liability Insurance
Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If Contractor is transporting one or more non-employee passengers in performance of Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

Umbrella Liability Insurance
An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

Professional Services Requirements
Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim or occurrence and two million ($2,000,000) aggregate limits.

OR
Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits.

OR
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

Packet Page. 342
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the Contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after Contract completion.

Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

Cyber Liability Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

C. Right to Monitor and Audit

1. Right to Monitor
The County, State and Federal governments shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have the absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by the County. Contractor shall repay to County within thirty (30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law.

2. Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of Contract.

All records relating to the Contractor’s personnel, Contractors, Subcontractors, Service/Scope of Work, and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue, and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars which state the administrative requirements, cost principles and other standards for accountancy.

All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three (3) years after final payment under the Contract or until all pending County, State and Federal audits are completed, whichever is later. Program data shall be retained locally (in San Bernardino County) and made available upon request or turned over to the County. If said records are not made available at the scheduled monitoring visit, Contractor may, at the County's option, be required to reimburse the County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and will be deducted from the following month's claim for reimbursement.

Packet Page. 343
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

Records of the Contractor that do not pertain to the program shall not be subject to audit unless provided for in another agreement.

3. Assistance by Contractor
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor.

4. Independent Audit Provisions
Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by County, who shall prepare and file with County, within sixty (60) days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.

5. Reserved.

D. Correction of Performance Deficiencies

1. In the event of a problem or potential problem that could impact the quality or quantity of work, Services, or the level of performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.

2. Failure by Contractor to comply with any of the provisions, covenants, requirements, or conditions of this Contract shall be a material breach of this Contract.

3. Contractor’s Primary Contact and County Representative shall attempt in good faith to promptly resolve any dispute, controversy or claim arising out of this Contract. If these representatives are unable to resolve a dispute, controversy or claim with ten (10) days after the initial request for a meeting, then the dispute shall be submitted to an executive-level performance review.

If the Primary Contact and County Representative are not successful in resolving the dispute, negotiations shall be conducted by the Chief Executive Officer, or designee and the highest level executive for Contractor. If these representatives are unable to resolve the dispute within ten (10) days after the representatives have commenced negotiations, or twenty (20) days have passed since the initial request for negotiations at this level, the Parties may agree in writing to submit the dispute to mediation.

4. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract. a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County.
b. Withhold funds pending duration of the breach.
c. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery. d. Offset against any monies billed by Contractor but yet unpaid by the County. e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

5. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter Packet Page. 344
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

existing at law or in equity or by statue or otherwise. The election of any one or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.

E. Information Integrity and Security

1. Information Assets
The Contractor shall have in place operational policies, procedures, and practices to protect State information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual 5300 to 5365.3, California Government Code section 11019.9, Department of General Services Management Memo 06-12, and Department of Finance Budget Letter 06-34, and California Department of Aging (CDA) Program Memorandum 07-18 Protection of Information Assets and the Statewide Health Information Policy Manual.

Information assets include, but are not limited to:
a. Information collected and/or accessed in the administration of the State programs and services. b. Information stored in any media form (paper or electronic).

2. Encryption on Portable Computing Devices
The Contractor is required to encrypt, or use an equally effective measure, any data collected under this Contract that is confidential, sensitive, and/or personal, including data stored on portable computing devices, including, but not limited to, laptops, personal digital assistants, and notebook computers, and/or portable electronic storage media, including, but not limited to, discs, and thumb/flash drives, portable hard drives.

3. Disclosure
a. The Contractor shall ensure that personal, sensitive, and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations, or policies.
b. “Identifying information” shall include, but is not limited to, name, identifying number, social security number, State Driver License or State identification number, financial account numbers, symbol, or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph.
c. The Contractor shall not, except as otherwise specifically authorized or required by this Contract or court order, any identifying information obtained under the terms of this Contract to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA, except by court order. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.
d. The Contractor may allow a participant to authorize the release of information to specific entities but shall not require or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant.

4. Training/Education
a. The Contractor must provide ongoing education and training, at least annually, to all employees and subcontractors who handle personal, sensitive, or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at www.aging.ca.gov or Contractor may substitute CDA’s Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA’s training requirement. Training must be conducted within thirty (30) days of the start date of the Contract or within thirty (30) days of the start date of any new employee, subcontractor, or volunteer. b. The Contractor must maintain certificates of completion on file and provide them to DAAS upon request. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, Packet Page. 345
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

a hardcopy of the training module may be provided to employees and/or volunteers for their completion.

5. Contractor’s Confidentiality Statement
The Contractor shall sign and return a Confidentiality Statement CDA 1024 form with this Contract. This is to ensure that Contractors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.

6. Security Incident Reporting
A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected.

7. Notification of Security Breach to Data Subjects
a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached.
b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary, measures to restore system integrity are required.
c. Notice may be provided in writing, electronically, or by substitute notice in accordance with State law, regulation, or policy.

8. Software Maintenance
The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems on which data collected under this Contract that is confidential, sensitive, and/or personal may be used.

F. Equal Employment/Employment Discrimination/Civil Rights

1. Equal Employment Opportunity Program
Contractor agrees to comply with: the provisions of the San Bernardino County Equal Employment Opportunity Program and rules and regulations adopted pursuant thereto; Executive Order 11246 [30 Fed. Reg. 12319 (Sept. 24, 1965)], as amended by Executive Orders 11375, 11625, 12138, 12432, 12250, and 13672; Title VII of the Civil Rights Act of 1964 (42 U.S.C. section 2000(e), et seq.); Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000; the California Fair Employment and Housing Act (Cal. Gov. Code section 12900, et seq.); and other applicable federal, state, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted.

The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from the County.

2. Employment Discrimination
During the term of the Contract, Proposer shall not discriminate against any employee or applicant for employment or service recipient because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Proposer shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other Packet Page. 346
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

application Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

3. Civil Rights Compliance
The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by State regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with the County within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, the County will supply a sample of the Plan format. The Contractor will be monitored by the County for compliance with provisions of its Civil Rights Plan. Additionally, the Contractor shall submit to County an Assurance of Compliance with the California Department of Social Services Nondiscrimination in State and Federally Assisted Programs Statement annually.

Recognize any same-sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U.S. territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same-sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as "marriage," "spouse," family," "household member"' or similar references to familial relationships to reflect inclusion of same-sex spouse and marriages. Any similar familial terminology references in the U.S. Department of Health and Human Services' (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marriages legally entered into as described herein. [USC 7-Section 3 of the Defense of Marriage Act].

4. S.W.A.G.

The Contractor and its Subcontractor Vendors shall comply with Governor's Executive Order 2-18- 2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or “Stuff We All Get”.

5. Bilingual and Linguistic Program Services
Provision of Services
a. The Contractor shall take reasonable steps, based upon the linguistic needs of the service area to ensure that "alternative communication services" are available to non-English speaking or LEP beneficiaries of services under this Agreement. [Title 22 CCR 98211]. b. “Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following:
1) Interpreters or bilingual providers and provider staff. 2) Contracts with interpreter services.
3) Use of telephone interpreter lines.
4) Sharing of language assistance materials and services with other providers. 5) Translated written information materials, including but not limited to, enrollment information and descriptions of available services and programs.
6) Referral to culturally and linguistically appropriate community service programs. c. The Contractor shall notify its employees of clients' rights regarding language access and the Contractor's obligation to ensure access to alternative communication services where determined appropriate based upon the needs assessment conducted by the Contractor. [Title 22 CCR 98324].

Packet Page. 347
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

Noncompliance with this section may result in suspension or termination of funds and/or termination of this Agreement. [Title 22 CCR 98370].

6. Equity
Contractor shall adhere to and participate in County efforts ensuring all individuals and communities have equal access and opportunity to health and wellbeing by providing culturally and linguistically appropriate services to all people of color and culture, age, disabilities, gender, sexual orientation or gender identity including people with limited English proficiency (LEP). Services provided must be respectful of and responsive to the cultural and linguistic needs of County residents. a. Contractor shall assess the demographic make-up and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are critical to designing and planning for providing appropriate, effective and equitable services. b. Contractor shall partner with and support community partners in addressing disparities in family stability, health and mental wellness, education, employment, housing, and overall delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cultural and linguistic appropriateness.
c. Contractor shall work with County to communicate and provide opportunities for individuals and communities of color and culture to provide feedback on progress and outcomes achieved to address disparities in family stability, health and mental wellness, education, employment, housing, and overall delivery of human services.
d. Contractor shall recruit, promote and support a culturally and linguistically diverse workforce that is responsive to and represents the population being served. This includes trained and competent bilingual staff.
e. Contractor shall provide training to enhance its workforce knowledge on cultural and linguistic competence. Becoming culturally and linguistically competent is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally unique needs. Providing services in a culturally appropriate and responsive manner is fundamental in any effort to ensure success of high quality and cost-effective health and human services. Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers does not reflect quality of care and is not cost-effective.
f. To ensure equal access to quality care for diverse populations, Contractors providing health and health care services may adopt the Federal Office of Minority Health Culturally and Linguistically Appropriate Services (CLAS) national standards.
g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.

Packet Page. 348
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-26/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT A – COVER PAGE
Use this checklist to ensure that all items requested have been included.

Items Completed Page (s)

1. Attachment A – Cover Page

2. Attachment B – Statement of Certification (1 page)

3. Attachment C – Licenses, Permits, and/or Certifications

4. Attachment D – Certification Regarding Debarment or Suspension; California Secretary of State Business Entity Registration

5. Attachment E – Cost

6. Attachment F – References

7. Attachment G – Employment of Former County Officials

8. Attachment H – Exceptions to RFP

9. Attachment I – Public Records Act Exemptions

10. Attachment J – Indemnification and Insurance Requirements Affidavit (1 page)

11. Attachment K- Reserved

12. Attachment L – Local Vender Preference Self-Certification (1 page)

13. Attachment M – Campaign Contribution Disclosure (SB 1439) (3 pages)

14. Financials (Two Years)

15. Attachment N- Letter of Intent (2 pages)
Proposer Name:

Address:

Telephone No.: ( ) FAX No.: ( )
Email Address:

Federal Tax ID:

RFP Contact:

Name of Authorized Representative:

Title of Authorized Representative:

By signing below, the individual acknowledges that he/she has the authority to bind the Proposer to the terms of the Proposal. The individual further acknowledges that he/she has read and understands the RFP, the contents of the Proposal and the Attachments, and attests to the accuracy of the information submitted therein.

Signature of Authorized Representative:

Date:

Packet Page. 349
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT B

STATEMENT OF CERTIFICATION
The following statements are incorporated in our response to San Bernardino County.

Statement Agree
(initial)
Agree with qualification
(initial and attach
explanation)

1. The offer made in the Proposal is firm and binding for nine (9) months from the date the Proposal is opened.

2. All aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer or competitor for the purpose of restricting
competition.

3. All declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

4. Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

5. Proposer agrees to provide the County with any other information the County determines is necessary for an
accurate determination of the Proposer’s ability to perform the Services as proposed.

6. Proposer, if selected will comply with all applicable rules, laws and regulations.

7. The RFP has been reviewed in its entirety and Proposer has no exceptions to any requirements, terms, or conditions, except as noted in Attachment H.

Packet Page. 350
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT C
LICENSES, PERMITS, and/or CERTIFICATIONS
TYPE (ie: License, Permit, Certifications) EXPIRATION
Include DIR Registration No. of Contractor and Subcontractors

Packet Page. 351
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT D
CERTIFICATION REGARDING DEBARMENT OR SUSPENSION; CALIFORNIA SECRETARY OF

STATE BUSINESS ENTITY REGISTRATION
In compliance with contracts and grants Contracts applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a response to this RFP:

1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General Services Administration’s System for Award Management (SAM) website (www.sam.gov).

2. The Proposer certifies, to the best of its knowledge and belief, that neither any subcontractor listed in its Proposal, nor subcontractor’s Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General Services Administration’s System for Award Management (SAM) website (www.sam.gov).

3. “Principals,” for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

4. The Proposer shall provide immediate written notice to the Purchasing Agent if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of changes in circumstances.

5. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an erroneous certification, in addition to other remedies available to the San Bernardino County government, the County may terminate the Contract resulting from this RFP for default.

6. Proposer affirms that neither it, nor any subcontractor listed in the Proposal, has any recent unsatisfactory performance with the County during the past twenty-four (24) months at a minimum.

7. Proposer also certifies that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

Packet Page. 352
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Services
to be
Offered
(check all
that apply)
Service Category
Unit of Service Annual Number
of Service Units
Annual Number
of Unduplicated
Clients Served
Requested
Annual
Funding
Amount
Brown Bag Program
1 Bag of
Groceries ________ ________ $___________
A program that provides both surplus, and donated edible fruits, vegetables, and other unsold food products to low-income older individuals aged 60 and over.

Groceries Program 1 Grocery
delivery
(regardless of
number of bags) ________ _________ $___________
A program that provides assistance to Older American Act (OAA) participants aged 60 and over in the form of food items.
(Notes: 1-Current Older Americans Act (OAA) service providers may bid on this program. 2- New Providers who bid on this program must also bid on the C1/C2 program in this RFP.) Intergenerational Activities
1 Meal
1 Activity
Meal ______
Activity_____
OCNP
Client_____
Participant under
age 60_______ $___________
A program that plans, develops, and implements activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults for mutually beneficial intergenerational activities and/or meals. (Notes: 1-Current OCNP provider bids must use funds for more meals and/or IG activities. 2- Current IIIB or IIIE providers may bid to provide IG activities and invite OCNP participants to the Intergenerational activities. OCNP provider list can be provided for outreach for activities to reach the needed population.)
Nutrition Infrastructure
1 Improvement
(1 purchase, 1
upgrade, 1
refurbishment)
________ N/A $___________
A program for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals. (Notes: 1-Current OAA service providers may bid on this program. 2-New providers interested in Nutrition Infrastructure program must also bid on the C1/C2 program in this RFP. 3- Infrastructure funds must be spent by 03/31/2026.)
Title III C-1 and C-2 Meals
C-1 Meals
C-1 Clients
C-2 Meals
C-2 Clients
Vouchers Issued
C-1 Meal______
C-2 Meal______
Vouchers______
C-1 Client______
C-2 Client______
$___________
A program to modernize and/or expand the OCNP and appeal to new clients through options including, but not limited to To-Go Meals (Meals that are picked up by OCNP clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting or are unable to attend during congregate mealtimes) and Restaurant Option Meals (AAAs and/or nutrition providers contract with foodservice establishments such as restaurants, cafes, food trucks, and grocery stores for hot and/or cold meals. OCNP clients may use vouchers to obtain meals at contracted locations).
(Notes: 1-Current OCNP providers may bid on To-Go and Restaurant option meals. 2- New providers may also bid on this program.)
Days and Hours of Operation
Sunday Monday Tuesday Wednesday Thursday Friday Saturday North Desert Service Area ATTACHMENT E - COST
Packet Page. 353
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Services
to be
Offered
(check all
that apply)
Service Category
Unit of Service Annual Number
of Service Units
Annual Number
of Unduplicated
Clients Served
Requested
Annual
Funding
Amount
Brown Bag Program
1 Bag of
Groceries ________ ________ $___________
A program that provides both surplus, and donated edible fruits, vegetables, and other unsold food products to low-income older individuals aged 60 and over.

Groceries Program 1 Grocery
delivery
(regardless of
number of bags) ________ _________ $___________
A program that provides assistance to Older American Act (OAA) participants aged 60 and over in the form of food items.
(Notes: 1-Current Older Americans Act (OAA) service providers may bid on this program. 2- New Providers who bid on this program must also bid on the C1/C2 program in this RFP.) Intergenerational Activities
1 Meal
1 Activity
Meal ______
Activity_____
OCNP
Client_____
Participant under
age 60_______ $___________
A program that plans, develops, and implements activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults for mutually beneficial intergenerational activities and/or meals. (Notes: 1-Current OCNP provider bids must use funds for more meals and/or IG activities. 2- Current IIIB or IIIE providers may bid to provide IG activities and invite OCNP participants to the Intergenerational activities. OCNP provider list can be provided for outreach for activities to reach the needed population.)
Nutrition Infrastructure
1 Improvement
(1 purchase, 1
upgrade, 1
refurbishment)
________ N/A $___________
A program for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals. (Notes: 1-Current OAA service providers may bid on this program. 2-New providers interested in Nutrition Infrastructure program must also bid on the C1/C2 program in this RFP. 3- Infrastructure funds must be spent by 03/31/2026.)
Title III C-1 and C-2 Meals
C-1 Meals
C-1 Clients
C-2 Meals
C-2 Clients
Vouchers Issued
C-1 Meal______
C-2 Meal______
Vouchers______
C-1 Client______
C-2 Client______
$___________
A program to modernize and/or expand the OCNP and appeal to new clients through options including, but not limited to To-Go Meals (Meals that are picked up by OCNP clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting or are unable to attend during congregate mealtimes) and Restaurant Option Meals (AAAs and/or nutrition providers contract with foodservice establishments such as restaurants, cafes, food trucks, and grocery stores for hot and/or cold meals. OCNP clients may use vouchers to obtain meals at contracted locations).
(Notes: 1-Current OCNP providers may bid on To-Go and Restaurant option meals. 2- New providers may also bid on this program.)
Days and Hours of Operation
Sunday Monday Tuesday Wednesday Thursday Friday Saturday East Desert Service Area ATTACHMENT E - COST
Packet Page. 354
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Services
to be
Offered
(check all
that apply)
Service Category
Unit of Service Annual Number
of Service Units
Annual Number
of Unduplicated
Clients Served
Requested
Annual
Funding
Amount
Brown Bag Program
1 Bag of
Groceries ________ ________ $___________
A program that provides both surplus, and donated edible fruits, vegetables, and other unsold food products to low-income older individuals aged 60 and over.

Groceries Program 1 Grocery
delivery
(regardless of
number of bags) ________ _________ $___________
A program that provides assistance to Older American Act (OAA) participants aged 60 and over in the form of food items.
(Notes: 1-Current Older Americans Act (OAA) service providers may bid on this program. 2- New Providers who bid on this program must also bid on the C1/C2 program in this RFP.) Intergenerational Activities
1 Meal
1 Activity
Meal ______
Activity_____
OCNP
Client_____
Participant under
age 60_______ $___________
A program that plans, develops, and implements activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults for mutually beneficial intergenerational activities and/or meals. (Notes: 1-Current OCNP provider bids must use funds for more meals and/or IG activities. 2- Current IIIB or IIIE providers may bid to provide IG activities and invite OCNP participants to the Intergenerational activities. OCNP provider list can be provided for outreach for activities to reach the needed population.)
Nutrition Infrastructure
1 Improvement
(1 purchase, 1
upgrade, 1
refurbishment)
________ N/A $___________
A program for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals. (Notes: 1-Current OAA service providers may bid on this program. 2-New providers interested in Nutrition Infrastructure program must also bid on the C1/C2 program in this RFP. 3- Infrastructure funds must be spent by 03/31/2026.)
Title III C-1 and C-2 Meals
C-1 Meals
C-1 Clients
C-2 Meals
C-2 Clients
Vouchers Issued
C-1 Meal______
C-2 Meal______
Vouchers______
C-1 Client______
C-2 Client______
$___________
A program to modernize and/or expand the OCNP and appeal to new clients through options including, but not limited to To-Go Meals (Meals that are picked up by OCNP clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting or are unable to attend during congregate mealtimes) and Restaurant Option Meals (AAAs and/or nutrition providers contract with foodservice establishments such as restaurants, cafes, food trucks, and grocery stores for hot and/or cold meals. OCNP clients may use vouchers to obtain meals at contracted locations).
(Notes: 1-Current OCNP providers may bid on To-Go and Restaurant option meals. 2- New providers may also bid on this program.)
Days and Hours of Operation
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mountain Service Area ATTACHMENT E - COST
Packet Page. 355
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Services
to be
Offered
(check all
that apply)
Service Category
Unit of Service Annual Number
of Service Units
Annual Number
of Unduplicated
Clients Served
Requested
Annual
Funding
Amount
Brown Bag Program
1 Bag of
Groceries ________ ________ $___________
A program that provides both surplus, and donated edible fruits, vegetables, and other unsold food products to low-income older individuals aged 60 and over.

Groceries Program 1 Grocery
delivery
(regardless of
number of bags) ________ _________ $___________
A program that provides assistance to Older American Act (OAA) participants aged 60 and over in the form of food items.
(Notes: 1-Current Older Americans Act (OAA) service providers may bid on this program. 2- New Providers who bid on this program must also bid on the C1/C2 program in this RFP.) Intergenerational Activities
1 Meal
1 Activity
Meal ______
Activity_____
OCNP
Client_____
Participant under
age 60_______ $___________
A program that plans, develops, and implements activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults for mutually beneficial intergenerational activities and/or meals. (Notes: 1-Current OCNP provider bids must use funds for more meals and/or IG activities. 2- Current IIIB or IIIE providers may bid to provide IG activities and invite OCNP participants to the Intergenerational activities. OCNP provider list can be provided for outreach for activities to reach the needed population.)
Nutrition Infrastructure
1 Improvement
(1 purchase, 1
upgrade, 1
refurbishment)
________ N/A $___________
A program for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals. (Notes: 1-Current OAA service providers may bid on this program. 2-New providers interested in Nutrition Infrastructure program must also bid on the C1/C2 program in this RFP. 3- Infrastructure funds must be spent by 03/31/2026.)
Title III C-1 and C-2 Meals
C-1 Meals
C-1 Clients
C-2 Meals
C-2 Clients
Vouchers Issued
C-1 Meal______
C-2 Meal______
Vouchers______
C-1 Client______
C-2 Client______
$___________
A program to modernize and/or expand the OCNP and appeal to new clients through options including, but not limited to To-Go Meals (Meals that are picked up by OCNP clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting or are unable to attend during congregate mealtimes) and Restaurant Option Meals (AAAs and/or nutrition providers contract with foodservice establishments such as restaurants, cafes, food trucks, and grocery stores for hot and/or cold meals. OCNP clients may use vouchers to obtain meals at contracted locations).
(Notes: 1-Current OCNP providers may bid on To-Go and Restaurant option meals. 2- New providers may also bid on this program.)
Days and Hours of Operation
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Valley Service Area ATTACHMENT E - COST
Packet Page. 356
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Complete this page for
each RSA Brown Bag Program Groceries Program Intergenerational Activities Nutrition
Infrastructure
Title III C-1 and C-2
Meals
Personnel Costs
Fringe Benefits
Indirect Costs*
Rent
Supplies
Equipment**
Travel Expenses
Training
Other Operating Expenses
Total Program Cost
Definitions:
* Indirect Costs: Costs incurred for a common or joint purpose that are not directly related to contracted services. Amount may not exceed 8% of Direct Costs. **Equipment: Tangible property with a useful life of more than one (1) year and an acquisition cost of $500 or more. All equipment purchases require prior approval of County.

ATTACHMENT E - COST
Packet Page. 357
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT F - REFERENCES
Name of Agency
Contact
Name/Address Phone Number
Dates services provided
(from/through*)
Provide a minimum of three (3) customer references Proposer has contracted with, providing the same service as requested in this RFP.
*Enter “Present” if still providing the services (Example: 10/08/13 - present).

Packet Page. 358
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT G

EMPLOYMENT OF FORMER COUNTY OFFICIALS
NAME
Packet Page. 359
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT H – EXCEPTIONS TO RFP

CONTRACTOR NAME

ADDRESS
TELEPHONE# ( ) FAX # ( )
I have reviewed the RFP in its entirety and have the following exceptions: (Please identify and list your exceptions by indicating RFP, the Section or Paragraph number, and Page number, as applicable. Be specific about your objections to content, language, or omissions. Add as many pages as required.) Packet Page. 360
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT I – PUBLIC RECORDS ACT EXEMPTIONS

PROPOSER NAME

ADDRESS
TELEPHONE# ( ) FAX # ( )
Proposer requests that specific portions of the contents of this Proposal be held confidential and not subject to public disclosure pursuant to the Public Records Act. The specific portions are detailed below: (Please identify and list your exemptions by indicating the Section or Paragraph number, and Page number, of the Proposal where the content is contained.) Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that does not meet the requirements of this section will not be considered.

Packet Page. 361
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT J - INDEMNIFICATION AND INSURANCE REQUIREMENTS AFFIDAVIT THE PROPOSER’S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE PROPOSER MUST SUBMIT THIS COMPLETED AFFIDAVIT WITH THE PROPOSAL.

I, the undersigned (Please check one box) underwriter agent/broker, certify that I and the Proposer listed below have jointly reviewed the “Insurance Requirements” in this Request for Proposal (RFP). If the San Bernardino County (“County”) awards the Proposer the Contract for this project, I will be able—within fourteen (14) calendar days after the Proposer is notified of the Contract’s award—to furnish the County with all the required, insurance certificate(s) and endorsement(s) as specified in Section X, Paragraph B. Indemnification and Insurance Requirements.

Insurance Broker / Agency Name Date

Insurance Broker’s / Agent’s Name (Printed) Insurance Broker’s / Agent’s Name (signature)

Address City State Zip Code

Telephone Number FAX Number Email Address

Proposer’s Name County RFP Name and Number
Below State the Name of Insurance Company Providing Coverage:

DO NOT write “Will Provide,” “To Be Determined,” “When required,” or similar phrases.

Commercial General Liability Automobile Liability

Workers’ Compensation Liability Professional Liability

Cyber Liability Pollution Liability

Sexual Abuse Liability
[NOTE TO PROPOSER: See Section X, Paragraph B. Indemnification and Insurance Requirements, for details on the basic requirements and types of insurance for this agreement.]
NOTE TO THE UNDERWRITER / AGENT-BROKER: If the insurance forms that the Proposer submits to the County do not fully comply with the Insurance Requirements, and/or if the Proposer fails to submit the forms within the 14-day time limit, the County may: (1) declare the Proposer’s Proposal non-responsive, and (2) award the Contract to the next highest ranked Proposer.

If you have any questions about the Insurance Requirements, please contact San Bernardino County - Risk Management Department, at (909) 386-8655 (Please provide name of RFP with your question(s)).

Packet Page. 362
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

ATTACHMENT L
Packet Page. 363
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Attachment M
Campaign Contribution Disclosure
(SB 1439)

PROPOSAL INFORMATION
Request for Proposal Title: Modernization of Older Californian’s Act – Nutrition Services Request for Proposal Number: RFP No.HS23-16 / DAAS124-OAAGI-5267

DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.

Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.

Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.

For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.

Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.

Proposers must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.

Packet Page. 364
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

1. Name of Entity/Individual submitting a proposal:

2. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ If yes, skip Question Nos. 3-4 and go to Question No. 5 No ☐

3. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: __________________________________________

4. If the entity identified in Question No.1 is a corporation held by 35 of less shareholders, and not publicly traded (“closed corporation”), identify the major shareholder(s):_________________________________

5. Name of any parent, subsidiary, or otherwise related entity for the entity listed in Question No. 1 (see definitions above):

Company Name Relationship

6. Name of agent:

Company Name Agent(s) Date Agent Retained
(if less than 12 months prior)

7. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district.

Company Name Subcontractor(s): Principal and/or Agent(s):

8. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-7? Packet Page. 365
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

No ☐ If no, please skip Question No. 9.

Yes ☐ If yes, please continue to complete this form.

9. Name of Board of Supervisor Member:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

Please add an additional sheet(s) to identify additional Board Members to whom anyone listed made campaign contributions.

By signing the Proposal, Proposer certifies that the statements made herein are true and correct. The Proposer understands that the individuals and entities listed in Question Nos. 1-7 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors while this matter is pending and for 12 months after a final decision by the County.

Packet Page. 366
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

Request for Proposal
San Bernardino County RFP# HS 23-16/ePro Bid# DAAS 124-OAAGI-5152

ATTACHMENT N
Letter of Intent
This is to notify San Bernardino County Department of Aging and Adult Services (DAAS) that the organization listed below has obtained and reviewed the Request for Proposal, (RFP) No HS 23-16, issued by the DAAS for Modernization of Older Californian’s Act-Supportive Services, and that our organization is interested in submitting a proposal in response to this RFP as indicated below. Deadline for submission of this Letter of Intent is Day, Month/Day/Year. Failure to meet the deadline will disqualify Proposer from being awarded a contract.

Legal Name of Organization: ______________________________________________________ Federal Employer Identification Number (EIN):_________________________________________ Data Universal Numbering System (DUNS):___________________________________________ Legal Form of Organization (check one):

Non-Profit 501(c)(3)
Non-Profit 501(c)(4)
Non-Profit Other (Specify):

Government City Government
Government County Government
Government Special District of Local Government
Government Other (Specify):

For-Profit Corporation
For-Profit Limited Liability Company (LLC)
For-Profit Limited Partnership (LP)
For-Profit General Partnership (GP)
For-Profit Limited Liability Partnership (LLP)
For-Profit Sole Proprietorship
My organization’s initial qualifications to provide services are indicated by the following:

Please place a check mark by the appropriate response.

Packet Page. 367
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActNutrition Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

The prospective Contractor has no record of unsatisfactory performance. Contractors who are or have been seriously deficient in current or recent Agreement performance, in the absence of circumstances properly beyond the control of the Contractor, shall be presumed to be unable to meet this requirement.

The prospective Contractor has the ability to maintain adequate files and records and meet statistical reporting requirements.

The prospective Contractor has the administrative and fiscal capability to provide and manage the proposed services and to ensure an adequate audit trail.

The prospective Contractor meets other presentation and participation requirements listed in this RFP.

The prospective Contractor can register on the County’s Electronic Procurement Network (ePro).

The prospective Contractor has a DUNS number.

The perspective Contractor has a minimum of three (3) continuous years of experience providing this type of service.

Contractor provide a minimum of three (3) references from other customers, involving the Contractor’s delivery of services that demonstrate the ability of the Contractor to provide ENP services as outlined in this RFP. All references must have names, titles, and phone numbers.

Letter of Intent does not guarantee a contract and is not in lieu of a proposal.

Packet Page. 368
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 1 of 6

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs
As a recipient of services provided by the Older Americans Act (OAA) programs, you, or a person authorized to act on your behalf, can file a complaint against contractors, volunteers, and employees of programs administered by the Department of Aging and Adult Services – Public Guardian (DAAS-PG), the designated local Area Agency on Aging (AAA) for San Bernardino County.

You have a right to confidentiality and your right to privacy will be respected to the extent possible. Only information relevant to your complaint will be released to the responding party unless you consent otherwise.

PURPOSE
The Client Complaint and Grievance Procedure establishes a process for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible.

SERVICE PROVIDER
OAA program services may be provided by DAAS-PG staff (direct services) or communitybased organizations via county contracts (contracted services).

Direct services:
• Senior Information and Assistance (SIA) (Title IIIB and IIIE) • Senior Community Service Employment Program (Title V) Contracted services:
• Title IIIB – Supportive Services
• Title IIIC – Older Californians Nutrition Program
• Title IIID – Disease Prevention and Health Promotion Program • Title IIIE – Family Caregiver Support Program
• Title VII and VIIA – Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health Insurance Counseling and Advocacy Program (HICAP) Note: If your complaint involves an issue of professional conduct that is under the jurisdiction of another entity, you will be referred to the appropriate organization to pursue your complaint.

EXHIBIT A
Packet Page. 369
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 2 of 6

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE EXHIBIT A
Older Americans Act Programs
__________________________________________________________________________

COMPLAINTS
Complaints may involve, but are not limited to:
• Amount or duration of a service.
• Denial or discontinuance of a service.
• Dissatisfaction with the service provided or with the service provider. • Failure of the service provider to comply with any of the requirements in the contract or regulations.
• If you believe you have been discriminated against or there has been a violation of any laws or regulations.

PROCESS OVERVIEW
All programs strive to review concerns, complaints, and grievances promptly and facilitate resolution at the lowest level possible.

Following is an overview of the grievance process:

Level I Review

1. Complainant submits grievance form (OAA GV 7406) to the service provider.

2. Level I review conducted by the service provider.

3. Complainant receives a written decision from the service provider.

4. Complainant may submit an appeal, if desired.

Level II Review

5. Level II review conducted by DAAS-PG Administration.

6. Complainant receives a written decision from DAAS-PG Administration.

7. Complainant may submit an appeal and request an impartial hearing, if desired.

Hearing

8. Final grievance review by Hearing Officer/Panel.
continued on next page
Packet Page. 370
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 3 of 6

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE EXHIBIT A
Older Americans Act Programs
________________________________________________________________________________

FIRST LEVEL OF GRIEVANCE (LEVEL I)
The contracted service provider is the first administrative level of resolution for complaints regarding OAA program services.

Note: If the complaint is regarding direct services, the complaint will be investigated and responded to under the provisions of Level II grievance.

Timeframes
• You must complete and submit the grievance form (OAA GV 7406) to the contracted service provider within one (1) week of the alleged violation.
• If possible, discuss issue with the contracted service provider and make a good faith effort to resolve. The service provider will issue a written response no later than ten (10) business days after receipt of grievance, or from date of discussion.

Resolution
If resolved at this level no further action is required. If your complaint is not resolved, you may appeal the decision of the provider to second-level review.

SECOND LEVEL OF GRIEVANCE (LEVEL II)
DAAS-PG Administration is the second level of resolution for complaints regarding OAA program services. The provisions of this section shall apply to the following:
• When the AAA (DAAS-PG) is the direct service provider and the subject of the complaint. • If you are dissatisfied with the contracted service provider’s response at the first level of grievance.

Time Frame
If the contract provider does not resolve your complaint, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision.

Instructions
All second level grievances must be submitted in writing and contain the information referenced in the first level of grievance.
• If you cannot submit a written complaint at this level, you, or your authorized designee, may request DAAS-PG to verbally accept the complaint or provide assistance in writing out the complaint.
• If DAAS-PG writes out the complaint, the complainant must review and sign the written complaint.

Packet Page. 371
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 4 of 6

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE EXHIBIT A
Older Americans Act Programs
__________________________________________________________________________________________ Complaints may be hand delivered, mailed, or sent via fax to:

Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director - Administration
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940
Processing
• The Deputy Director, or designee, will conduct an impartial investigation of the written complaint. A good faith effort will be made to resolve the complaint. • A written response will be prepared and issued no later than fifteen (15) business days after receipt of the complaint.
• The written response will address the merits of the complaint and will provide a resolution to the complaint or deny the complaint with an explanation.

Resolution
If resolved at this level no further action is required. If your complaint is not resolved, you may exercise your right to request an Administrative Hearing pursuant to Section 7406 of Title 22.

FINAL LEVEL OF GRIEVANCE (HEARING)
An impartial hearing officer/panel is the final level of resolution for complaints regarding OAA program services.

Time Frames
• If you are dissatisfied with the results of the review conducted at the second level of grievance, you may appeal the decision within thirty (30) days from the receipt of the written report and request a hearing to present your complaint orally before an impartial hearing officer/panel.
• A hearing will be scheduled no later than forty-five (45) days from the receipt of the hearing request.
• A proposed decision will be issued no later than thirty (30) days after the date of hearing. • No later than thirty (30) days after receipt of the proposed decision, the Director or the Chairperson shall either adopt the proposed decision as the final decision or write a new final decision.

Instructions
• Your request for a hearing can be made either orally or in writing to the Director of San Bernardino County, Department of Aging and Adult Services.

Packet Page. 372
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 5 of 6
•

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE EXHIBIT A
Older Americans Act Programs
__________________________________________________________________________ • A hearing will be scheduled no later than forty-five (45) days from the receipt of your hearing request.
• You will be notified of the following:
o The date, time, and location of the hearing.
o Your right, and other party's right, to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present.

Hearing Procedure
• An impartial hearing officer or panel will manage the hearing. • All persons testifying at the hearing will be placed under oath or affirmation. • The hearing will be informal with testimony being restricted to the issues requiring resolution. • Technical rules of evidence and procedure will not apply at the hearing. • During the hearing all parties will have the right to:
- present evidence and witnesses.
- examine witnesses and other sources of relevant information and evidence. - be recorded verbatim, either electronically or stenographically.

Conclusion of the Hearing
• No later than thirty (30) days after the date the hearing was held, the hearing officer/panel will prepare a proposed decision based upon all relevant evidence presented and will consider applicable policies, procedures, regulations, and laws governing the program in reaching a decision.
• The proposed decision will include the following:
- a description of each issue.
- a statement indicating the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy will be included. - a citation of applicable laws and regulations.
• The proposed decision will be forwarded to the Director of DAAS-PG for issuance of a final decision.
• If the complaint is against the Director of DAAS-PG, the proposed decision will be forwarded to the Chairperson of the Governing Board for issuance of a final decision. • No later than thirty (30) days after receipt of the proposed decision, the Director or the Chairperson shall either adopt the proposed decision as the final decision or write a new final decision.
• The decision will be mailed to the parties involved.
• The decision is final and not subject to appeal.
• The decision will include procedures for ensuring that the remedies, if any, specified in the final decision are implemented.

Packet Page. 373
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5267

OAA GV 7406 Procedure (REV. 03/2023) Page 6 of 6

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE EXHIBIT A
Older Americans Act Programs
________________________________________________________________________________

CIVIL RIGHTS
___________________________________________________________________________________________________________ If you believe that your civil rights have been violated, please contact:

Deputy Director, Administration
Department of Aging and Adult Services-Public Guardian
784 East Hospitality Ln.

San Bernardino, CA 92415
Packet Page. 374
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

OAA GV 7406 Procedure (REV. 03/2023) Page 1 of 1

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs
Instructions
You must complete and submit the grievance form (OAA GV 7406) within one (1) week of the alleged violation.

Complete the attached form and provide the requested information:
• Name, mailing address, and telephone number of complainant or person authorized to act on behalf of the complainant.
• Date and time of occurrence and names of individuals involved. • Name of Service Provider, and type of service involved. • Description of the grievance. Be as specific as possible. • Names of witnesses and contact information, if any.
• If applicable, cite the alleged violation of regulation, law or policy. • Requested remedy or resolution.
• Signature.

Complaints Regarding Contracted Services
Submit the completed form (OAA GV 7406) directly to the contracted service provider.

Contracted services:
• Title IIIB – Supportive Services
• Title IIIC – Older Californians Nutrition Program
• Title IIID – Disease Prevention and Health Promotion Program • Title IIIE – Family Caregiver Support Program
• Title VII and VIIA – Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health Insurance Counseling and Advocacy Program (HICAP) Complaints Regarding Direct Services
Submit the completed form to DAAS-PG Administration. Complaints may be hand delivered, mailed, or sent via fax to:

Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940
Direct services:
• Senior Information and Assistance (SIA) (Title IIIB and IIIE) • Senior Community Service Employment Program (Title V)

EXHIBIT A
Packet Page. 375
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

OAA GV 7406 Procedure (REV. 03/2023) Page 1 of 1

CLIENT COMPLAINT AND GRIEVANCE FORM
Older Americans Act Programs
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance
Telephone Number Date of Meeting with Contract Provider Grievance Description
(Provide a clear and concise statement. Attach additional sheets if necessary.) Remedy Sought

GRIEVANCE PROCEDURE CERTIFICATION
Thisisto certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs.

This information provided is true and accurate to the best of my knowledge.

Grievant Signature Date Filed

EXHIBIT A
Packet Page. 376
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

OAA GV 7406 Procedure (REV. 03/2023) Page 1 of 1
CLIENT COMPLAINT AND GRIEVANCE – LEVEL I REVIEW
Older Americans Act Programs
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance

GRIEVANCE REVIEW - LEVEL I
A written response must be issued to the Grievant no later than ten (10) business days after receipt of grievance, or from date of discussion.

Date Received Level I Reviewer Printed Name
Response Date Level I Reviewer Signature
Level I Decision (Attached on separate sheet)

GRIEVANT ACKNOWLEDGEMENT AND RESPONSE TO FIRST LEVEL REVIEW If the contract provider does not resolve your complaint at the first level of grievance, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision. ☐ I agree with decision and do not appeal to the second level.

Please return one copy of this form to the Service Provider. ☐ I do not agree with decision and appeal to the second level.

Please return one copy of this form to DAAS-PG Administration.

Grievant Signature Date Signed
Appeals may be hand delivered, mailed, or faxed to: DAAS-PG Administration Attention: Deputy Director
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940

EXHIBIT A
Packet Page. 377
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

OAA GV 7406 Procedure (REV. 03/2023) Page 1 of 1
CLIENT COMPLAINT AND GRIEVANCE – LEVEL II REVIEW
Older Americans Act Programs
Grievant Name Name of Service Provider

GRIEVANCE REVIEW - LEVEL II
A written response must be issued to the Grievant no later than fifteen (15) business days after receipt of first level appeal.

Date Received Level II Reviewer Printed Name
Response Date Level II Reviewer Signature
Level II Decision (Attached on separate sheet)
If DAAS-PG Administration does not resolve your complaint at the second level of grievance, you may appeal their decision and request an impartial hearing within fifteen (15) business days of their written decision.
☐ I agree with the decision and do not appeal for a hearing. ☐ I do not agree with the decision and appeal for a hearing.

Reason for appeal:

Grievant Signature Date Signed
This form may be hand delivered, mailed, or faxed to: DAAS-PG Administration Attention: Deputy Director
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940

EXHIBIT A
Packet Page. 378
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

INFORMATION INTEGRITY AND SECURITY STATEMENT
CDA 1024 (REV 03/2020)
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:

ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge.
• Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.

MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B).
• All access codes which allow access to confidential information will be properly safeguarded. • Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA.
• All employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee or subcontractor.

This training must be completed annually.
• All employees/subcontractors of the Contractor/Vendor must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement. • All employees/subcontractors of the Contract/Vendor must comply with the Appendix D, section XVIII encryption and self-certification requirements as outlined in the contract.

EXHIBIT B
Packet Page. 379
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

INFORMATION INTEGRITY AND SECURITY STATEMENT
CDA 1024 (REV 03/2020)
CERTIFY:

To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason.
• Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.

Meets the encryption requirements in Exhibit D Article 18:
□ Is in full compliance with the 128 Encryption requirements. □ Is not in compliance with the 128 Encryption requirements and will achieve compliance by ___________.

I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.
__________________________________________________________ Contractor/Vendor Printed Name and Title
________________________________________ __________________ Contractor/Vendor Signature Date
________________________________________ __________________ CDA Program/Project Contract Number

EXHIBIT B
Packet Page. 380
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 381
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 382
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 383
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 384
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 385
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 386
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 387
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 388
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 389
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 390
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 391
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 392
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 393
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 394
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 395
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 396
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 397
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 398
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 399
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 400
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 401
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 402
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 403
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 404
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 405
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 406
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 407
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 408
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 409
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 410
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 411
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 412
San Bernardino County
Human Services
Request for Proposal
Modernization of Older Californian’s ActSupportive Services RFP No. HS 23-16/
ePro Bid # DAAS124-OAAGI-5152

EXHIBIT C
Packet Page. 413
Packet Page. 414
Packet Page. 415
Packet Page. 416
Packet Page. 417
Packet Page. 418
Packet Page. 419
Packet Page. 420
Packet Page. 421
Packet Page. 422
Packet Page. 423
Packet Page. 424
Packet Page. 425
Packet Page. 426
Packet Page. 427
Packet Page. 428
Packet Page. 429
Packet Page. 430
Packet Page. 431
Packet Page. 432
Packet Page. 433
Packet Page. 434
Packet Page. 435
Packet Page. 436
Packet Page. 437
Packet Page. 438
Packet Page. 439
Packet Page. 440
Packet Page. 441
Packet Page. 442
Packet Page. 443
Packet Page. 444
Packet Page. 445
Packet Page. 446
Packet Page. 447
Packet Page. 448
Packet Page. 449
Packet Page. 450
Packet Page. 451
Packet Page. 452
Packet Page. 453
Packet Page. 454
Packet Page. 455
Packet Page. 456
Packet Page. 457
Packet Page. 458
Packet Page. 459
Packet Page. 460
Packet Page. 461
Packet Page. 462
Packet Page. 463
Packet Page. 464
Packet Page. 465
Packet Page. 466
Packet Page. 467
Packet Page. 468
Packet Page. 469
Packet Page. 470
Packet Page. 471
Packet Page. 472
Packet Page. 473
Packet Page. 474
Packet Page. 475
Packet Page. 476
Packet Page. 477
Packet Page. 478
Packet Page. 479
Packet Page. 480
Packet Page. 481
Packet Page. 482
Packet Page. 483
Packet Page. 484
Packet Page. 485
Packet Page. 486
Packet Page. 487
Packet Page. 488
Packet Page. 489
Packet Page. 490
Packet Page. 491
Packet Page. 492
Packet Page. 493
Packet Page. 494
Packet Page. 495
Packet Page. 496
Packet Page. 497
Packet Page. 498
Packet Page. 499
Packet Page. 500
Packet Page. 501
Packet Page. 502
Packet Page. 503
Packet Page. 504
Packet Page. 505
Packet Page. 506
Packet Page. 507
Packet Page. 508
Packet Page. 509
Packet Page. 510
Packet Page. 511
Packet Page. 512
Packet Page. 513
Packet Page. 514
Packet Page. 515
Packet Page. 516
Packet Page. 517
Packet Page. 518
Packet Page. 519
Packet Page. 520
Packet Page. 521
Packet Page. 522
Packet Page. 523
Packet Page. 524
Packet Page. 525
Packet Page. 526
Packet Page. 527
Packet Page. 528
Packet Page. 529
Packet Page. 530
Packet Page. 531
Packet Page. 532
Packet Page. 533
Packet Page. 534
Packet Page. 535
Packet Page. 536
Packet Page. 537
Packet Page. 538
Packet Page. 539
Packet Page. 540
Packet Page. 541
Packet Page. 542
Packet Page. 543
Packet Page. 544
Packet Page. 545
Packet Page. 546
Packet Page. 547
Packet Page. 548
Packet Page. 549
Packet Page. 550
Packet Page. 551
Packet Page. 552
Packet Page. 553
Packet Page. 554
Packet Page. 555
Packet Page. 556
Packet Page. 557
Packet Page. 558
Packet Page. 559
Packet Page. 560
Packet Page. 561
Packet Page. 562
Packet Page. 563
Packet Page. 564
Packet Page. 565
Packet Page. 566
Packet Page. 567
Packet Page. 568
Packet Page. 569
Packet Page. 570
Packet Page. 571
Packet Page. 572
Packet Page. 573
Packet Page. 574
Packet Page. 575
Packet Page. 576
Packet Page. 577
Packet Page. 578
Packet Page. 579
Packet Page. 580
Standard Contract Page 1 of 29

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult
Services – Public Guardian
Department Contract Representative Derrick Younger
Telephone Number 909-388-0222
Contractor City of San Bernardino
Contractor Representative Trudy Panowicz
Telephone Number (909) 384-5434
Contract Term October 1, 2024 through
September 30, 2025
Original Contract Amount $99,900
Amendment Amount N/A
Total Contract Amount $99,900
Cost Center 5296501036
Grant Number (if applicable) 800292
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County (County) desires to designate a contractor of choice to operate Senior Nutrition Programs pursuant to the Modernization of Older Californians Act (MOCA), as further described in a statement of work (the “Services”); and
WHEREAS, the County conducted a competitive process to find City of San Bernardino (Contractor) to provide these services, and
WHEREAS, based upon and in reliance on the representations of Contractor in its response to the County’s Request for Proposals, the County finds Contractor qualified to provide such services; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

Contract Number

SAP Number

Packet Page. 581
Standard Contract Page 2 of 29

TABLE OF CONTENTS
A. DEFINITIONS AND REFERENCE DOCUMENTS ......................................................................................3 B. CONTRACTOR RESPONSIBILITIES .........................................................................................................6 C. GENERAL CONTRACT REQUIREMENTS ................................................................................................7 D. TERM OF CONTRACT..............................................................................................................................19 E. COUNTY RESPONSIBILITIES..................................................................................................................19 F. FISCAL PROVISIONS...............................................................................................................................19 G. INDEMNIFICATION AND INSURANCE REQUIREMENTS......................................................................20 H. RIGHT TO MONITOR AND AUDIT ...........................................................................................................23 I. CORRECTION OF PERFORMANCE DEFICIENCIES..............................................................................24 J. INFORMATION INTEGRITY AND SECURITY..........................................................................................24 K. EQUAL EMPLOYMENT/EMPLOYMENT DISCRIMINATION/CIVIL RIGHTS ..........................................26 L. NOTICES ...................................................................................................................................................28 M. ENTIRE AGREEMENT ..............................................................................................................................29

ATTACHMENTS
A. SCOPE OF WORK
B. COMPLAINT AND GRIEVANCE PROCEDURE
C. ASSURANCE OF COMPLIANCE
D. PROGRAM BUDGET
E. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)
Packet Page. 582
Standard Contract Page 3 of 29
A. DEFINITIONS AND REFERENCE DOCUMENTS
Definitions

1. Adult: An individual between eighteen (18) years and sixty (60) years old.

2. Area Agency on Aging (AAA): An identifiable private nonprofit or public agency designated by the Department of Aging which works for the interests of older Californians within a Planning and Service Area (PSA). This agency engages in community planning, coordination, and program development, and, through contractual arrangements, provides a broad array of social and nutritional services. In 1976, the State of California designated San Bernardino County as an Area Agency on Aging. As a result of this designation, DAAS receives funding from the California Department of Aging to administer the programs authorized by the Older Americans Act.

3. Board: The San Bernardino County Board of Supervisors.

4. Brown Bag Program: A program that provides both surplus and donated edible fruits, vegetables, and other unsold food products to older individuals with low income.

5. California Department of Aging (CDA): Administers programs that serve older adults, adults with disabilities, family caregivers and residents in long term care facilities throughout the state.

6. Child: An individual under eighteen (18) years old.

7. Congregate Nutrition Services: Provides nutritious meals, nutrition education, and nutrition risk screening to individuals aged sixty (60) and older in a social setting. The program offers individuals an opportunity to socialize with others to reduce social isolation while promoting health and wellbeing through nutrition.

8. Contract: The legal agreement between the County and the Proposer resulting from the award issued pursuant to the Request For Proposal to the successful Proposer.

9. Contractor: Any individual, company, firm, corporation, partnership, or other organization to whom a contract award is made by the County.

10. County: County as used throughout this document, including its possessive form (County’s), refers to San Bernardino County.

11. Department of Aging and Adult Services-Public Guardian (DAAS-PG): The County department that provides service to seniors and at-risk adults to improve or maintain choice, independence, and quality of life. DAAS works to ensure seniors and adults with disabilities have the right to age in the least restrictive environment.

12. Eligible Participant for Brown Bag Services: An older adult sixty (60) years of age and older with income at or below 185% of the Federal Poverty Level.

13. Eligible Population for Intergenerational Activities: An older adult sixty (60) years of age or older, with emphasis on those in greatest economic and social need with particular attention to low income minority older individuals, older individuals with Limited English Proficiency (LEP), and older individuals residing in rural areas. [Older Americans Act (OAA) § 305 (a)(2)(E); 22 California Code of Regulations (CCR) 7125, 7127, 7130, 7135]

14. Eligible Population for Title III C-1 and C-2 Meals: Older individuals sixty (60) years of age or older, with emphasis on those in greatest economic and social need with particular attention to low income minority older individuals, older individuals with Limited English Proficiency (LEP), and older individuals residing in rural areas. [Older Americans Act (OAA) § 305 (a)(2)(E); 22 California Code of Regulations (CCR) 7125, 7127, 7130, 7135]

1. Individuals eligible to receive a meal at a congregate nutrition site shall include the following:
a. Any older individual.
b. The spouse of any older individual.
c. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.

Packet Page. 583
Standard Contract Page 4 of 29
d. A disabled individual who resides at home with and accompanies an older individual who participates in the program.
e. A volunteer under age sixty (60), if doing so will not deprive an older individual sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA 339(H)]

2. Individuals eligible to receive a home delivered meal are individuals who are:
a. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of services.) [45 Code of Federal Regulations (CFR) 1321.69(a)].
b. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment concludes that is in the best interest of the homebound older individual. c. An individual with a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.

15. Equipment: Tangible personal property with a useful life of more than one (1) year and an acquisition cost of $500 or more per unit.

16. Groceries: Assistance to Older Americans Act (OAA) participants in the form of food items.

17. Home Delivered Nutrition Services: Provides nutritious home delivered meals, nutrition education, and nutrition risk screening to individuals aged sixty (60) and older who are homebound because of illness, incapacity, disability, or are otherwise isolated.

18. Human Services (HS): San Bernardino County Human Services (HS), a system of integrated services, where the programs and resources of nine (9) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort.

19. Intergenerational Activities: Efforts related to the planning, development, and implementation of activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults. Mutually beneficial intergenerational activities promote greater understanding and respect between generations and also strengthen older adults’ recovery and resilience from the isolation and health impacts from the COVID-19 pandemic.

20. Low Income: Income below 185% of the Federal Poverty Level.

21. Nutrition Infrastructure: The capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals.

22. Older Americans Act (OAA): The overall purpose of this act is to provide comprehensive, coordinated, community based systems of service to persons aged sixty (60) and older in order to enable them to maintain health, personal dignity, and independence (42 USCA §3001 et seq.).

23. Older Californians Nutrition Program (OCNP): Provides nutrition meals and services including the Title III C-1 Congregate Nutrition Services and Title III C-2 Home Delivered Nutrition Services.

24. Older Individual: An individual who is sixty (60) years of age or older.

25. Planning and Service Area (PSA): A geographical area, the boundaries of which are determined by the CDA pursuant to federal law and regulation. The CDA allocates funds to an AAA to provide services to older individuals residing within a specific PSA.

26. Purchasing Agent: The Director of the County Purchasing Department.

27. Restaurant Option (RO): An OCNP meal option providing older adults with vouchers for meals at licensed foodservice establishments such as restaurants, cafes, food trucks, and grocery stores with hot and/or cold meals. AAAs and/or nutrition providers contract with foodservice establishments to provide meals.

Packet Page. 584
Standard Contract Page 5 of 29

28. Restaurant Voucher: A paper or electronic system that Title III C-1 participants exchange for meals at designated restaurants.

29. Subcontractor: An individual, company, firm, corporation, partnership, or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

30. Title III C-1 (Congregate Nutrition Services): Nutrition services for older individuals in a congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title III C-1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR 7638.7(a)]

1. Be open to the public. [45 CFR 1321.53(b)(3)]

2. Not means test. [OAA § 315(b)(3)]

3. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service. [OAA § 315(b)(4); 22 CCR 7638.9]

4. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(f); 45 CFR 75.403(f)]

31. Title III C-2 (Home-Delivered Nutrition Services): Nutrition services provided to frail, homebound, or isolated older individuals including meals, nutrition education, and nutrition risk screening. Each meal shall provide one-third (1/3) of the DRI and comply with the most current DGA. [22 CCR 7135, 22 CCR 7638.7(c)]

32. To Go Meals: Meals that are picked up by OCNP clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting or are unable to attend during congregate mealtimes.

1. C-1: To Go meals are categorized as C-1 meals if they are consumed onsite and include in person interaction (e.g., dining at congregate site such as restaurant, food truck, etc. or oneon-one with program volunteer) or consumed offsite and include virtual interaction (e.g., group interaction via Zoom, FaceTime, etc. or one-on-one with program volunteer via telephone) during the meal.

2. C-2: To-Go meals are categorized as C-2 meals if they are consumed offsite without in person or virtual interaction.

Reference Documents:

Americans with Disabilities Act (42 U.S.C. section 12101 et seq.) http://www.ada.gov/pubs/adastatute08.pdf
California Department of Aginghttps://aging.ca.gov/
California Department of Aging Program Memo 23-12 Nutrition Modernization (NM) Funding for the Older Californians Act Nutrition Services
https://aging.ca.gov/download.ashx?lE0rcNUV0zY7cWLrGQMBfw%3D%3D California Department of Social Services Manual of Policies and Procedures Divisions 21 and 23, sections 600, 602, and 604
Div. 21 - https://www.cdss.ca.gov/Portals/9/Regs/3cfcman.pdf Div. 23 - https://www.cdss.ca.gov/ord/entres/getinfo/pdf/opsman4.pdf California Fair Employment and Housing Act (California Government Code section 12900, et seq.) https://www.dfeh.ca.gov/legal-records-and-reports/laws-and-regulations/ California Government Code section 87100 et seq.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=87100.&lawCode=GOV California Penal Code section 11105.3
Packet Page. 585
Standard Contract Page 6 of 29
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11105.3.&lawCode=PEN California Public Records Act Government Code section 7920.000 et seq. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=7920.000.&lawCode=GO V
California Retail Food Code
http://www.cdph.ca.gov/Programs/CEHD/DFDCS/Pages/FDBHSCodes.aspx California Vehicle Code
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=VEH&division=6.&titl e=&part=&chapter=&article
California Welfare and Institutions Code section 10000 et seq. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=10000 Clean Air Act (42 U.S.C. section 7401 et seq.)
http://epa.gov/clean-air-act-overview/clean-air-act-text Clean Water Act (33 U.S.C. section 1251 et seq.)
https://www.epa.gov/laws-regulations/summary-clean-water-act Environmental Protection Agency Regulations (40 C.F.R.) https://ecfr.federalregister.gov/current/title-40
Executive Order 11246 [30 Fed. Reg. 12319 (Sept. 24, 1965)], as amended by Executive Orders 11375, 13279, 13665, and 13672.
http://www.dol.gov/ofccp/regs/compliance/ca_11246.htm
Executive Order 11738 [38 Fed. Reg. 25161 (Sept. 10, 1973] and Environmental Protection Agency regulations (40 C.F.R.)http://www.archives.gov/federal-register/codification/executive-order/11738.html Executive Order 12549 [51 Fed. Reg. 6370 (Feb. 18, 1986] and Executive Order 12689 https://www.archives.gov/federal-register/codification/executive-order/12549.html and Debarment, Suspension, And Other Responsibility Matters (48 C.F.R. Subpart 9.4) Older Californians Nutrition Program Menu Guidance
https://aging.ca.gov/Providers_and_Partners/Area_Agencies_on_Aging/Older_Californians_Nutrition_Progr am/Resources/
Office of Management and Budget (OMB) Circulars
https://www.whitehouse.gov/omb/information-for-agencies/circulars/ Pro-Children Act of 1994 (20 U.S.C. section 6081 et seq.) https://www.law.cornell.edu/cfr/text/48/352.237-70
San Bernardino County Policy (11-08) – Recycled products https://wp.sbcounty.gov/purchasing/wp-content/uploads/sites/3/2016/08/11-08.pdf State Energy Conservation Plan (California Code of Regulations, title 20, section 1401 et seq.) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I88DFCEC0 D44E11DEA95CA4428EC25FA0&originationContext=documenttoc&transitionType=Default&contextData=( sc.Default)
Title VII of the Civil Rights Act of 1964 http://www.eeoc.gov/laws/statutes/titlevii.cfm B. CONTRACTOR RESPONSIBILITIES
Contactor shall provide all services as outlined in the Scope of Work (Attachment A) and shall be compensated on a cost reimbursement basis.

Packet Page. 586
Standard Contract Page 7 of 29
C. GENERAL CONTRACT REQUIREMENTS

1. Recitals – The recitals set forth above are true and correct and incorporated herein by this reference.

2. Contract Amendments – Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract, and approved by the person(s) authorized to do so on behalf of Contractor and County.

3. Contract Assignability – Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

4. Contract Exclusivity – This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work or receive compensation other than on a per order basis, under the terms of this Contract.

5. Attorney’s Fees and Costs – If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

6. Background Checks for Contractor Personnel – Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding twelve (12) month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

Contractor shall obtain from the Department of Justice (DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3 prior to providing any services. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California, which requires a DOJ clearance, is sufficient proof. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.

In addition to the documentation of DOJ clearance, Contractor shall obtain clearance from the Federal Bureau of Investigation (FBI) and Child Abuse Central Index (CACI), and records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, prior to providing any services. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.

Packet Page. 587
Standard Contract Page 8 of 29
Contractor shall notify the County of any board member, staff member, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify the County. In the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services.

Contractor shall immediately notify the County concerning the arrest and/or conviction, other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor.

7. Change of Address – Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

8. Choice of Law – This Contract shall be governed by and construed according to the laws of the State of California.

9. Compliance with County Policy – In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

10. Confidentiality – Contractor shall ensure that all staff, volunteers and/or Subcontractors performing Services under this Contract comply with the terms and conditions as set forth in the Human Services Information Privacy and Security Requirements specified at http://hss.sbcounty.gov/Privacy prior to providing any Services. Contractor shall immediately notify the County of any suspected or actual breach of confidential information as further detailed in the requirements. These requirements specified at http://hss.sbcounty.gov/Privacy are hereby incorporated by this reference. a. Read, understand and comply with the Privacy and Security Requirements Summary. b. Ensure employees, subcontractors, agents, volunteers and interns who have access to Personally Identifiable Information (PII) complete the Privacy and Security Training and execute the training acknowledgement form and other training materials annually. c. Ensure employees, subcontractors, agents, volunteers and interns who have access to PII sign the Confidentiality Statement annually.
d. Report actual, suspected or potential breaches of PII immediately to the Human Services Privacy and Security Office via email at: [email protected]

11. Primary Point of Contact – Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

Packet Page. 588
Standard Contract Page 9 of 29

12. County Representative – The Assistant Executive Officer or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

13. Damage to County Property – Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings, or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

14. Debarment and Suspension – Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to Title 48 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Part 9, Subpart 9.4 (48 C.F.R. Section 9.400 et seq.).

Contractor certifies that it and its principals and subcontractors:
a. Are not presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
b. Have not within a three (3) year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in Section C, Paragraph 14, subparagraph b herein; and
d. Have not within a three (3)year period preceding this Contract had one (1) or more public transactions (federal, state or local) terminated for cause or default.

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

15. System for Award Management – Contractor shall not be identified as suspended or debarred on the federal System for Award Management’s (SAM) excluded list (https://www.sam.gov). If at any time during the term of the Contract, the County determines Contractor is identified as either suspended or debarred on the SAM, Contractor shall be considered in material breach of the Contract, and the County may proceed under the Correction of Performance Deficiencies section of the Contract, including immediate termination of the Contract. If Contractor becomes aware, at any point during the term of the Contract, that it is identified as suspended or debarred on the SAM excluded list, Contractor must immediately inform County. Such inclusion will be considered a material breach of the Contract and be sufficient grounds for immediate termination.

16. Drug and Alcohol-Free Workplace – In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

Packet Page. 589
Standard Contract Page 10 of 29
a. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
b. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
c. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

17. Duration of Terms – This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

18. Reserved.

19. Environmental Requirements – In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price.

The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

EPA Regulations – If the amount available to Contractor under the Contract exceeds $100,000, Contractor will agree to comply with the Clean Air Act (42 U.S.C. section 7401 et seq.); section 508 of the Clean Water Act (33 U.S.C. section 1251 et seq.); Executive Order 11738 [38 Fed. Reg. 25161 (Sept. 10, 1973)]; and Environmental Protection Agency regulations (40 C.F.R.).

State Energy Conservation Clause – Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (California Code of Regulations (CCR), title 20, section 1401 et seq.).

20. Improper Influence – Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

21. Improper Consideration – Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee, or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition Packet Page. 590
Standard Contract Page 11 of 29
shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee, or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

22. Informal Dispute Resolution – In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

23. Legality and Severability – The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

24. Licenses, Permits and/or Certifications – Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by federal, state, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

25. Material Misstatement/Misrepresentation – If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

26. Mutual Covenants – The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

27. Nondisclosure – Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

28. Notice of Delays – Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

Packet Page. 591
Standard Contract Page 12 of 29

29. Ownership of Documents – All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

30. Participation Clause – The County desires that Municipalities, School Districts, and other Tax Districts within San Bernardino County requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms of this Contract with such governmental bodies as though they have been expressly identified in this Contract, with the provisions that:
a. Such governmental body does not have and will not have in force any other contract for like purchases.
b. Such governmental body does not have under consideration for award any other bids or quotations for like purchases.

Such governmental body shall make purchases directly through and to the Contractor. The County will not be liable for any such purchase made between the Contractor and another governmental body who avails themselves of this Contract.

31. Air, Water Pollution Control, Safety and Health – Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, including fire clearances, which apply to the work performed pursuant to this Contract.

32. Records – Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl for further information.

Contractors expending $750,000 or more in federal funds annually shall have a single audit or program specific audit performed. A copy of the audit shall be maintained as part of the program’s fiscal records.

All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding payments for billings submitted and for termination of the Contract.

33. Relationship of the Parties – Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

34. Release of Information – No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the DAAS Director or their designee and shall include County approved branding.

35. Representation of the County – In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of San Bernardino County.

Packet Page. 592
Standard Contract Page 13 of 29

36. Strict Performance – Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

37. Subcontracting – Contractor agrees not to enter into any subcontracting contracts for work contemplated under the Contract without first obtaining written approval from the County and the Director of DAAS through the HS Contracts Unit. Any subcontractor shall be subject to the same terms and conditions as Contractor. Contractor shall be fully responsible for the performance and payments of any subcontractor’s contract.

Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel, including removal pursuant to Paragraph 6 of this Section C.

For any subcontractor, Contractor shall:
a. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
b. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
c. Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities, C. General Contract Requirements and G.

Insurance and Indemnification.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the subcontractors. Contractor agrees that its arrangements with subcontractors will not prohibit or restrict such subcontractors from entering into direct contracts with County.

38. Subpoena – In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

39. Termination for Convenience – The County reserves the right to terminate the Contract for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

40. Time of the Essence – Time is of the essence in performance of this Contract and of each of its provisions.

41. Venue – The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any Packet Page. 593
Standard Contract Page 14 of 29
action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District.

42. Conflict of Interest – Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

43. Former County Administrative Officials – Contractor agrees to provide, or has already provided, information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

44. Disclosure of Criminal and Civil Procedures – The County reserves the right to request the information described herein from the Contractor. Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten (10) years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten (10) years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten (10) years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

Packet Page. 594
Standard Contract Page 15 of 29
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

45. Copyright – County shall have a royalty free, nonexclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

46. Artwork, Proofs and Negatives – All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County.

These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

47. Iran Contracting Act – IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

48. Reserved.

49. California Consumer Privacy Act – To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA) (California Civil Code sections1798.100, et seq.). For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at California Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to California Civil Code section 1798.150(b) alleging a violation of the CCPA that involves personal information received or maintained pursuant to this Contract.

Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to California Civil Code section 1798.155(b).

50. Vacancies – Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible.

Packet Page. 595
Standard Contract Page 16 of 29
Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems.

51. Complaint and Grievance Procedure – Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and posted in clear view of all recipients.

Contractor will ensure that staff are knowledgeable on the San Bernardino County Human Services Complaint and Grievance Procedure (Attachment B) and ensure that any complaints by recipients are referred to the County in accordance with the procedure.

52. Contractor Board of Directors’ Meetings – Contractor shall notify the County of all upcoming meetings of the Board of Directors or other governing party and shall keep the County apprised of any and all actions taken by its Board of Directors which may impact the Contract. Board of Directors’ minutes shall be submitted to the County upon request. Further, a County representative shall have the option of attending Board meetings during the term of this Contract.

53. Child Abuse Reporting – Contractor shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. This responsibility shall include:
a. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code Sections 11164 et seq. to report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. b. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency. c. Provision for arrangement of training in child abuse reporting laws (Penal Code section 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity.

54. Elder and Dependent Adult Abuse Reporting – Contractor agrees to and shall comply with the County’s Elder and Dependent Adult Abuse Reporting requirements:
a. Who Must Report: In accordance with Welfare and Institutions Code (W & I) Section 15630, all employees of the Contractor and its subcontractors are mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement (SOC 341A) at http://www.cdss.ca.gov/cdssweb/entres/forms/English/SOC341A.pdf, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.
b. When to Report: Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults immediately or as soon as practically possible, under the following circumstances:
1) When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse; or
2) When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse. c. To Whom to Report: Incidents of elder and dependent adult abuse must be reported to the correct agency as follows:

Packet Page. 596
Standard Contract Page 17 of 29
1) If the abuse has occurred in a long term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long Term Care Ombudsman or local law enforcement.
2) If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement.
3) If the abuse occurred anywhere other than a long term care facility or state mental hospital or state developmental center, the report shall be made to Adult Protective Services or local law enforcement.
d. How to Report: Mandated reporters are required to take the following steps in all instances of known or suspected abuse of the elderly and dependent adults:
1) Place an immediate telephone call to Adult Protective services (1-877-565-2020) or local law enforcement to report the incident.
2) Within two (2) working days of making the telephonic report to the responsible agency, complete a written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) form, http://www.cdss.ca.gov/Portals/9/FMUForms/QT/SOC341.pdf?ver=2018-11-15-132736-097. The completed form must be submitted to the same agency to which the incident was reported by telephone.

55. Reserved.

56. Pro-Children Act of 1994 – Contractor will comply with the Environmental Tobacco Smoke/ProChildren Act of 1994 (20 U.S.C. 6081 et seq.).

57. Americans with Disabilities Act – Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).

58. Public Accessibility – Contractor shall ensure that Services provided are accessible by public transportation.

59. Reserved.

60. 211 Registration – Contractor shall register with 2-1-1 San Bernardino County Inland Empire United Way within thirty (30) days of the Contract effective date and follow necessary procedures to be included in the 2-1-1 database. The Contractor shall notify the 2-1-1 San Bernardino County Inland Empire United Way of any changes in program services, location or contact information within ten (10) days of any change. Services performed as a result of being included in the 2-1- 1 database, are separate and apart from the services being performed under this Contract and payment for such services will not be the responsibility of the County.

61. Ownership Tools – The State and County shall have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with federal financial participation. The Federal Government (Department of Health and Human Services) reserves a royalty free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use for Federal Government purposes, such software modification, and documentation. Proprietary software packages that are sold or leased to the general public are not subject to the ownership provisions.

62. Force Majeure – Neither party shall be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than thirty (30) days following the force majeure event commencing, which notice shall describe the force majeure event and the Packet Page. 597
Standard Contract Page 18 of 29
actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

63. Order of Precedence – In the event of any inconsistency between the terms of this Contract and any forms, attachments, statements of work (SOW), or specifications which may be incorporated into this Contract, the following order of precedence shall apply:
a. This Contract;
b. Attachments to this Contract, as indicated herein; and c. Price lists, SOW, and other documents attached hereto or incorporated herein.

64. Equipment – County discourages the purchase of equipment with funds received under this Contract. All equipment, materials, supplies or property of any kind (including publications and copyrights, etc.) which have a single unit cost of five hundred dollars ($500) or more, including tax, purchased with funds received under the terms of this Contract and not fully consumed in one (1) year shall be the property of County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County upon Contract termination.

65. Supersedes Prior Agreements – This Contract supersedes and replaces all previous contracts, agreements and understandings, oral, written and implied, between the County and Contractor hereto with respect to the subject matter hereof. All such prior contracts, agreements and understandings are hereby terminated and deemed of no further force or effect.

66. Executive Order N-6-22 Russian Sanctions – On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the County.

67. Campaign Contribution Disclosure (SB 1439) – Contractor has disclosed to the County using Attachment E – Campaign Contribution Disclosure (AB 1439), whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date this Contract was approved by the Board of Supervisors. Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors for 12 months after the County’s consideration of the Contract.

In the event of a proposed amendment to this Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors within the preceding 12 months of the date of the proposed amendment.

Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of contractor.

Packet Page. 598
Standard Contract Page 19 of 29
D. TERM OF CONTRACT

1. This Contract is effective as of October 1, 2024 and expires September 30, 2025 but may be terminated earlier in accordance with provisions of this Contract. The Contract term may be extended for three (3) additional one (1) year periods by mutual agreement of the parties.

2. The County may terminate the Contract immediately if the funds under Section F Paragraph 1 are not available to the County, and under the provisions of Section I, Paragraph 3, Item e, of the Contract, or as otherwise provided in this Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant Executive Officer is authorized to exercise the County’s rights with respect to any termination of this Contract.

3. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination.

4. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

E. COUNTY RESPONSIBILITIES
County shall:

1. Develop and maintain professional relationships and open communication with Contractor.

2. Monitor and evaluate Contractor performance on an ongoing basis and schedule periodic meetings with Contractor to discuss performance, problem areas, procedures, and recommend changes.

3. Provide consultation and technical assistance in monitoring the terms of the Contract.

4. Compensate Contractor per the provisions outlined in the Fiscal Provisions section of this Contract.

5. Negotiate modifications or revisions of service to assure that all necessary service/program requirements are covered.

F. FISCAL PROVISIONS

1. The maximum amount of reimbursement under this Contract shall not exceed $99,900 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

2. Contractor shall be compensated on a cost-reimbursement basis, per the Program Budget (Attachment D) and incorporated by reference into this Contract.

3. A monthly invoice is due to DAAS Administration by the tenth (10th) working day of the month following the month of service. Invoices shall be mailed to the following address:

DAAS Administration
Attention: Fiscal Analyst
784 East Hospitality Lane
San Bernardino, CA 92415-0515
Email: [email protected]
Invoices shall be issued with corresponding SAP Contract and/or Purchasing Order number stated on the invoice and shall be processed with a net sixty (60) day payment term following approval by County.

4. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall Packet Page. 599
Standard Contract Page 20 of 29
promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

5. County is exempt from federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

6. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

7. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

8. Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS

1. Indemnification –The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

2. Additional Insured – All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

3. Waiver of Subrogation Rights – The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

4. Policies Primary and Non-Contributory – All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.

5. Severability of Interests – The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

Packet Page. 600
Standard Contract Page 21 of 29

6. Proof of Coverage – The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

7. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

8. Deductibles and Self-Insured Retention – Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

9. Failure to Procure Coverage – In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

10. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

11. Insurance Specifications – The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
a. Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Packet Page. 601
Standard Contract Page 22 of 29
Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
b. Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
1) Premises operations and mobile equipment.
2) Products and completed operations.
3) Broad form property damage (including completed operations). 4) Explosion, collapse and underground hazards.
5) Personal injury.
6) Contractual liability.
7) $2,000,000 general aggregate limit.
c. Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one (1) or more nonemployee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
d. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. e. Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits. or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits.
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other notfor-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the Contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.
f. Cyber Liability Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, Packet Page. 602
Standard Contract Page 23 of 29
intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties. g. Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

H. RIGHT TO MONITOR AND AUDIT

1. The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

2. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, state and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County’s reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and may be deducted from the following month's claim for reimbursement.

3. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract.

4. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor.

5. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within sixty (60) days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.

6. Pursuant to Code of Federal Regulations (CFR) – Title 2 CFR 200.501, contractors expending $750,000 or more in federal funds within the Contractor’s fiscal year must have a single audit or program-specific audit performed. A copy of the audit performed in accordance with Title 2 CFR 200.501 shall be submitted to the County within thirty (30) days of completion, but no later than nine (9) months following the end of the Contractor’s fiscal year. Please refer to http://www.ecfr.gov/cgi-bin/text-idx?node=se2.1.200_1501&rgn=dv8 for further information.

7. The following closely related programs identified by the Catalog of Federal Domestic Assistance (CFDA) number are to be considered as an "Other cluster" for purposes of determining major programs or whether a program specific audit may be elected. The Contractor shall communicate this information to the independent auditor conducting the organization's single audit.

US Department of Health and Human Services:

Number: Title

8. County is required to identify the Contractor Unique Entity Identification (UEI) number, as known in the federal System for Award Management (SAM), and Federal Award Identification Number Packet Page. 603
Standard Contract Page 24 of 29
(FAIN) in all County contracts that include federal funds or pass through of federal funds. This information is required in order for the County to remain in compliance with Title 2 CFR Section 200.331 and remain eligible to receive federal funding. The Contractor shall provide the Contractor name as registered in SAM, as well as the UEI number to be included in this Contract.

Related FAIN will be included in this Contract by the County.

Contractor Name as
registered in SAM
UEI
FAIN
I. CORRECTION OF PERFORMANCE DEFICIENCIES

1. In the event of a problem or potential problem that could impact the quality or quantity of work, Services, or the level or performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.

2. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

3. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

4. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one (1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.

J. INFORMATION INTEGRITY AND SECURITY

1. Information Assets – The Contractor shall have in place operational policies, procedures, and practices to protect state information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual 5300 to 5365.3, California Government Code section 11019.9, Information Security Program Management Standard SIMM 5305-A, Department of Finance Budget Letter 06-34, and California Department of Aging (CDA) Program Memorandum 07-18 Protection of Information Assets and the Statewide Health Information Policy Manual.

Information assets include, but are not limited to:
a. Information collected and/or accessed in the administration of the state programs and services.
b. Information stored in any media form (paper or electronic).

Packet Page. 604
Standard Contract Page 25 of 29

2. Encryption on Portable Computing Devices – The Contractor is required to encrypt, or use an equally effective measure, any data collected under the Contract that is confidential, sensitive, and/or personal, including data stored on portable computing devices, including, but not limited to, laptops, personal digital assistants, and notebook computers, and/or portable electronic storage media, including, but not limited to, discs, thumb/flash drives, and portable hard drives.

3. Disclosure
a. The Contractor shall ensure that personal, sensitive, and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and state policies. The requirement to protect information shall remain in force until superseded by laws, regulations, or policies. b. “Identifying information” shall include, but is not limited to, name, identifying number, social security number, state Driver License or state identification number, financial account numbers, symbol, or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph.
c. The Contractor shall not, except as otherwise specifically authorized or required by this Contract or court order, disclose any identifying information obtained under the terms of this Contract to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.

4. Training/Education
a. The Contractor must provide ongoing education and training, at least annually, to all employees and subcontractors who handle personal, sensitive, or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ or Contractor may substitute CDA’s Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA’s training requirement. Training must be conducted within thirty (30) days of the start date of the Contract or within thirty (30) days of the start date of any new employee, subcontractor or volunteer.
b. The Contractor must maintain certificates of completion on file and provide them to DAAS upon request. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, a hardcopy of the training module may be provided to employees and/or volunteers for their completion.

5. Contractor’s Confidentiality Statement – The Contractor shall sign and return a Confidentiality Statement CDA 1024 form with this Contract. This is to ensure that Contractors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.

6. Security Incident Reporting – A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected.

7. Notification of Security Breach to Data Subjects
a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached.
b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary measures to restore system integrity are required.

Packet Page. 605
Standard Contract Page 26 of 29
c. Notice may be provided in writing, electronically, or by substitute notice in accordance with state law, regulation, or policy.

8. Software Maintenance – The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems on which data collected under this Contract that is confidential, sensitive, and/or personal may be used.

K. EQUAL EMPLOYMENT/EMPLOYMENT DISCRIMINATION/CIVIL RIGHTS

1. Equal Employment Opportunity Program - Contractor agrees to comply with: the provisions of the San Bernardino County Equal Employment Opportunity Program and rules and regulations adopted pursuant thereto; Executive Order 11246 [30 Fed. Reg. 12319 (Sept. 24, 1965)], as amended by Executive Orders 11375, 11625, 12138, 12432, 12250, and 13672; Title VII of the Civil Rights Act of 1964 (42 U.S.C. section 2000(e), et seq.); Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000; the California Fair Employment and Housing Act (Cal. Gov. Code section 12900, et seq.); and other applicable federal, state, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted.

The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from the County.

2. Employment Discrimination – During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable federal, state and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

3. Civil Rights Compliance – The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with the County within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, the County will supply a sample of the Plan format. The Contractor will be monitored by the County for compliance with provisions of its Civil Rights Plan. Additionally, the Contractor shall submit to County an Assurance of Compliance with the California Department of Social Services Nondiscrimination in State and Federally Assisted Programs Statement (Attachment C) annually.

Contractor shall recognize any same sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U.S. territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as "marriage," "spouse," family," "household member"' or similar references to familial relationships to reflect inclusion of same sex spouse and marriages.

Any similar familial terminology references in the U.S. Department of Health and Human Services' (HHS) statutes, regulations, or policy transmittals will be interpreted to include same sex spouses Packet Page. 606
Standard Contract Page 27 of 29
and marriages legally entered into as described herein. [1 U.S.C. section 7(Section 3 of the Defense of Marriage Act)].

4. S.W.A.G. – The Contractor and its subcontractor vendors shall comply with Governor's Executive Order 2-18-2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or “Stuff We All Get”.

5. Bilingual and Linguistic Program Services
a. The Contractor shall take reasonable steps, based upon the linguistic needs of the service area to ensure that "alternative communication services" are available to non-English speaking or limited English proficiency (LEP) beneficiaries of services under this Contract. [2 CCR 11162].
b. “Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following:
1) Interpreters or bilingual providers and provider staff. 2) Contracts with interpreter services.
3) Use of telephone interpreter lines.
4) Sharing of language assistance materials and services with other providers. 5) Translated written information materials, including but not limited to, enrollment information and descriptions of available services and programs. 6) Referral to culturally and linguistically appropriate community service programs. c. The Contractor shall notify its employees of clients' rights regarding language access and the Contractor's obligation to ensure access to alternative communication services where determined appropriate based upon the needs assessment conducted by the Contractor.

Noncompliance with this section may result in suspension or termination of funds and/or termination of this Agreement.

6. Equity – Contractor shall adhere to and participate in County efforts ensuring all individuals and communities have equal access and opportunity to health and wellbeing by providing culturally and linguistically appropriate services to all people of color and culture, age, disabilities, gender, sexual orientation, or gender identity including people with limited English proficiency (LEP).

Services provided must be respectful of and responsive to the cultural and linguistic needs of County residents.
a. Contractor shall assess the demographic make-up and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are critical to designing and planning for providing appropriate, effective and equitable services.
b. Contractor shall partner with and support community partners in addressing disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cultural and linguistic appropriateness.
c. Contractor shall work with County to communicate and provide opportunities for individuals and communities of color and culture to provide feedback on progress and outcomes achieved to address disparities in family stability, health and mental wellness, education, employment, housing, and overall delivery of human services. d. Contractor shall recruit, promote, and support a culturally and linguistically diverse workforce that is responsive to and represents the population being served. This includes trained and competent bilingual staff.
e. Contractor shall provide training to enhance its workforce knowledge on cultural and linguistic competence. Becoming culturally and linguistically competent is a Packet Page. 607
Standard Contract Page 28 of 29
developmental process and incorporates at all levels the importance of culture, the assessment of cross cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally unique needs. Providing services in a culturally appropriate and responsive manner is fundamental in any effort to ensure success of high quality and cost effective health and human services. Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers does not reflect quality of care and is not cost effective.
f. To ensure equal access to quality care for diverse populations, Contractors providing health and health care services may adopt the Federal Office of Minority Health Culturally and Linguistically Appropriate Services (CLAS) national standards. g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.

L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or by email, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
Human Services Contracts Unit
150 South Lena Road
San Bernardino, CA 92407
Facsimile: 909-387-2900
Email: [email protected]
City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
Facsimile:

Email: [email protected]
Notice shall be deemed communicated two (2) County working days from the time of mailing, facsimile, or email, if delivered as provided in this paragraph.

Packet Page. 608
Standard Contract Page 29 of 29
M. ENTIRE AGREEMENT

1. This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

2. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jacqueline Carey-Wilson, Deputy County Counsel Patty Steven, Contracts Manager Sharon Nevins, Director Date Date Date
SAN BERNARDINO COUNTY City of San Bernardino
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Rochelle Clayton
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Acting City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 290 N. D Street
San Bernardino, CA 92401
Packet Page. 609

ATTACHMENT A

San Bernardino County
Modernization of Older Californians Act - Nutrition Services

SCOPE OF WORK
October 1, 2024 through September 30, 2025
Contractor: City of San Bernardino
Service Area: RSA
SCOPE OF WORK – INTERGENERATIONAL ACTIVITIES
A. The Contractor shall:

1. Provide meals in accordance with the OAA and California Code of Regulations (CCR).

2. Promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code.

3. Conduct services and activities that support the goal to provide more meals to more older adults and/or the goal to pursue and conduct intergenerational activities for the purpose of connecting older adults with children/adults in conjunction with the OCNP. Examples of intergenerational activities include, but are not limited, the following:
a. Development or maintenance of partnerships and collaborative efforts with programs serving children to foster intergenerational connections between older adults and children.
b. Planning, development, or implementation of shared sites with programs serving meals to children to promote intergenerational meal programs. c. Planning, development, or implementation of intergenerational cooking demonstrations or classes.
d. Planning, development, or implementation of shared garden site and intergenerational gardening activities.
e. Virtual or in person intergenerational social activities related to the C-1 or C-2 program.
f. Virtual or in person adult lunch companion for C-2 participants.

4. Use funding to provide meals for participants and activities that support intergenerational connections, however, funding may not supplant funds that would otherwise be available for other nutrition programs.

5. The Contractor shall provide a minimum of at least twenty-four (24) activities for twenty-five hundred (2,500) clients over the course of the contract while servicing at least one hundred twenty (120) unduplicated clients. The Contractor shall be able to provide accurate records of minimum units and number of unique clients.

City of San Bernardino
Program Amount Activities Clients Unduplicated
Clients
Intergenerational
Activities $88,699 24 2,500 120
Packet Page. 610

ATTACHMENT A

REPORTING REQUIREMENTS/DELIVERABLES
A. The Contractor shall report the following information monthly in Intergenerational Activities Data Reporting Tool (IGDRT).

1. The service units (meals) and estimated unduplicated client count for OCNP clients.

2. The service units (meals) and estimated participant count for participants under age sixty (60).

3. The service units (intergenerational activities) and estimated unduplicated client count for OCNP clients.

4. The service units (intergenerational activities) and estimated participant count for participants under age sixty (60).

5. A monthly narrative report describing intergenerational activities, demographics of participants of intergenerational activities, and successes and challenges, collaboration efforts, any capacity building strategies, and success stories that were a result of this program.

SCOPE OF WORK – NUTRITION INFRASTRUCTURE
A. The Contractor shall:

1. Use funds for nutrition infrastructure only in FY 2024/25.

2. Use funds for nutrition infrastructure only for OCNP service providers.

3. Use funds for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP congregate or home delivered meals, including but not limited to:
a. Production scale commercial kitchens. Examples include commercial grade equipment such as ovens, stoves, steamers, and mixers.
b. Warming, refrigeration, or freezer capacity and equipment. Examples include refrigerators and freezers, hot holding equipment, insulated food delivery bags, and steam tables.
c. Food delivery vehicles. Examples include cars/trucks/vans, and temperature controlled vehicles.
d. Improvements and equipment to expand capacity for providers of meals.

Examples include:
i. Food/meal packing equipment, dishwashers, three (3) compartment sinks, prep tables, steam tables, and salad bars.
ii. Refurbishments including repair or replacement of damaged and/or deteriorated flooring and/or repair of damaged wall surfaces in areas where food is prepared, packaged, stored, served, or areas where kitchenware are washed and stored. Examples include installing new floor coverings or painting kitchen walls. Note: AAAs must verify flooring or painting is not covered under a building lease prior to requesting use of infrastructure Packet Page. 611

ATTACHMENT A

funding for this purpose and the AAA must maintain documentation in case of monitoring or audit.
iii. Energy efficient light fixtures in kitchen or congregate meal service areas. iv. Installation costs (labor/materials) for allowable improvements and equipment.
v. Furniture, including table and chairs, for congregate meal service areas. e. Technological infrastructure to support the OCNP. Examples include:
i. Software. Examples include software for menu planning, meal tracking, surveying clients, C-2 initial/annual assessments and quarterly eligibility reassessments, and monitoring client health outcomes.
ii. Hardware. Examples include tablets to support C-2 staff for home assessments or to support C-1 staff for the virtual group interaction component for C-1 To Go meals; mobile phones to support C-2 drivers for meal delivery. Other examples include computing devices, workstations, servers, laptops, and notebook computers.

B. The Contractor shall not:

1. Use funding to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. This includes any equipment that is permanently affixed to a building such as non-portable generators, walk in refrigerators, and walk in freezers.

C.The Contractor shall submit the following information to CDA prior to purchasing:

1. A list of all planned equipment expenditures, including the item, cost, and the entity and the site receiving funding.

2. Completion of Equipment Request form for all planned capital expenditures that are not included on the Title IIIC Capital Expenditure Approved List, including all vehicles and technological or data system infrastructure expenses.

3. For all planned repairs or replacement of damaged and/or deteriorated flooring and/or repair of damaged wall surfaces, include a description of the project, the entity and site, estimated costs, and verification that flooring and/or painting is not covered under a building lease.

4. The Contractor shall track equipment purchased by the AAAs and their subcontractors on the CDA 9024 form.

REPORTING REQUIREMENTS/DELIVERABLES
A. The Contractor shall track equipment purchased by the AAAs and their subcontractors on the CDA 9024 form.

ADDITIONAL RESPONSIBILITIES
A. Contractor shall provide a system through which clients will have the opportunity to express and have considered their views, grievances, and concerns regarding the delivery of services. The procedure must be in writing, be approved by DAAS-PG, and made available to all recipients of services.

B. Contractor Shall:

Packet Page. 612

ATTACHMENT A

1. Submit monthly invoice to DAAS-PG no later than the 10th business day of the following month. (ex/ January invoice will be due by the 10th business day in February).

2. Provide DAAS-PG with three (3) contact persons for communication. Contractor must respond no later than two (2) business days of receiving communication from DAAS-PG.

3. Attend provider quarterly meetings with DAAS-PG.

4. Participate in County collaboration events to promote and/or provide Senior Supportive Services offered in County service area.

5. Provide notice within 24 hours to DAAS-PG of any changes to the Program that could restrict the operations of or access to, MOCA - Nutrition Services. These changes include but are not limited to, natural disasters, personnel changes, program or project phone number changes, headquarters office address changes and mailing address changes.

6. Contractor shall adhere to allowable activities and cost/cost principles per MOCA - Nutrition Services program guidelines, County, CDA and/or Federal regulations.

In addition, Contractor shall make available all reasonable information necessary to substantiate that expenditures under the Contract are allowable.

7. Ensure all posters, signs, and brochures (materials) are prepared in English and Spanish. DAAS-PG may request material to be prepared in other languages as necessary. These materials should be posted and distributed in locations that serve minority communities such as churches, community service centers, and small stores within minority communities.

8. Ensure staff providing services with access to personal identifiable information must go through a thorough background check, with evaluation of the results to assure there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person’s background check documentation for a period of three (3) years following contract termination.

9. Conduct outreach in the communities served to community groups and organizations. All outreach activities will be documented and kept on file to be reviewed during program monitoring to be scheduled and conducted by DAASPG staff.

Packet Page. 613
OAA GV 7406 Procedure (Rev. 03/2023) Page 1 of 12

ATTACHMENT B

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs
As a recipient of services provided by the Older Americans Act (OAA) programs, you, or a person authorized to act on your behalf, can file a complaint against contractors, volunteers, and employees of programs administered by the Department of Aging and Adult Services – Public Guardian (DAAS-PG), the designated local Area Agency on Aging (AAA) for San Bernardino County.

You have a right to confidentiality and your right to privacy will be respected to the extent possible. Only information relevant to your complaint will be released to the responding party unless you consent otherwise.

PURPOSE
The Client Complaint and Grievance Procedure establishes a process for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible.

SERVICE PROVIDERS
OAA program services may be provided by DAAS-PG staff (direct services) or community-based organizations via county contracts (contracted services).

Direct services:
• Senior Information and Assistance (SIA) (Title IIIB and IIIE) • Senior Community Service Employment Program (Title V) Contracted services:
• Title IIIB – Supportive Services
• Title IIIC – Older Californians Nutrition Program
• Title IIID – Disease Prevention and Health Promotion Program • Title IIIE – Family Caregiver Support Program
• Title VII and VIIA – Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health Insurance Counseling and Advocacy Program (HICAP) • Modernization of Older Californians Act – Nutrition Modernization (NM) • Modernization of Older Californians Act – Supportive Services Packet Page. 614
OAA GV 7406 Procedure (Rev. 03/2023) Page 2 of 12

ATTACHMENT B
Note: If your complaint involves an issue of professional conduct that is under the jurisdiction of another entity, you will be referred to the appropriate organization to pursue your complaint.

Packet Page. 615

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
OAA GV 7406 Procedure (Rev. 03/2023) Page 3 of 12

ATTACHMENT B

COMPLAINTS
Complaints may involve, but are not limited to:
• Amount or duration of a service.
• Denial or discontinuance of a service.
• Dissatisfaction with the service provided or with the service provider. • Failure of the service provider to comply with any of the requirements in the contract or regulations.
• If you believe you have been discriminated against or there has been a violation of any laws or regulations.

PROCESS OVERVIEW
All programs strive to review concerns, complaints, and grievances promptly and facilitate resolution at the lowest level possible.

Following is an overview of the grievance process:

Level I Review

1. Complainant submits grievance form (OAA GV 7406) to the service provider.

2. Level I review conducted by the service provider.

3. Complainant receives a written decision from the service provider.

4. Complainant may submit an appeal, if desired.

Level II Review

5. Level II review conducted by DAAS-PG Administration.

6. Complainant receives a written decision from DAAS-PG Administration.

7. Complainant may submit an appeal and request an impartial hearing, if desired.

Hearing

8. Final grievance review by Hearing Officer/Panel.
continued on next page
Packet Page. 616

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
OAA GV 7406 Procedure (Rev. 03/2023) Page 4 of 12

ATTACHMENT B

FIRST LEVEL OF GRIEVANCE (LEVEL I)
The contracted service provider is the first administrative level of resolution for complaints regarding OAA program services.

Note: If the complaint is regarding direct services, the complaint will be investigated and responded to under the provisions of Level II grievance.

Timeframes
• You must complete and submit the grievance form (OAA GV 7406) to the contracted service provider within one (1) week of the alleged violation. • If possible, discuss issue with the contracted service provider and make a good faith effort to resolve. The service provider will issue a written response no later than ten (10) business days after receipt of grievance, or from date of discussion.

Resolution
If resolved at this level no further action is required. If your complaint is not resolved, you may appeal the decision of the provider to second-level review.

SECOND LEVEL OF GRIEVANCE (LEVEL II)
DAAS-PG Administration is the second level of resolution for complaints regarding OAA program services. The provisions of this section shall apply to the following:
• When the AAA (DAAS-PG) is the direct service provider and the subject of the complaint.
• If you are dissatisfied with the contracted service provider’s response at the first level of grievance.

Time Frame
If the contract provider does not resolve your complaint, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision.

Instructions
All second level grievances must be submitted in writing and contain the information referenced in the first level of grievance.
• If you cannot submit a written complaint at this level, you, or your authorized designee, may request DAAS-PG to verbally accept the complaint or provide assistance in writing out the complaint.
• If DAAS-PG writes out the complaint, the complainant must review and sign the written complaint.

Packet Page. 617

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
OAA GV 7406 Procedure (Rev. 03/2023) Page 5 of 12

ATTACHMENT B
Complaints may be hand delivered, mailed, or sent via fax to:

Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director - Administration
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940
Processing
• The Deputy Director, or designee, will conduct an impartial investigation of the written complaint. A good faith effort will be made to resolve the complaint. • A written response will be prepared and issued no later than fifteen (15) business days after receipt of the complaint.
• The written response will address the merits of the complaint and will provide a resolution to the complaint or deny the complaint with an explanation.

Resolution
If resolved at this level no further action is required. If your complaint is not resolved, you may exercise your right to request an Administrative Hearing pursuant to Section 7406 of Title 22.

FINAL LEVEL OF GRIEVANCE (HEARING)
An impartial hearing officer/panel is the final level of resolution for complaints regarding OAA program services.

Time Frames
• If you are dissatisfied with the results of the review conducted at the second level of grievance, you may appeal the decision within thirty (30) days from the receipt of the written report and request a hearing to present your complaint orally before an impartial hearing officer/panel.
• A hearing will be scheduled no later than forty-five (45) days from the receipt of the hearing request.
• A proposed decision will be issued no later than thirty (30) days after the date of hearing.
• No later than thirty (30) days after receipt of the proposed decision, the Director or the Chairperson shall either adopt the proposed decision as the final decision or write a new final decision.

Instructions
• Your request for a hearing can be made either orally or in writing to the Director of San Bernardino County, Department of Aging and Adult Services.

Packet Page. 618

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
OAA GV 7406 Procedure (Rev. 03/2023) Page 6 of 12

ATTACHMENT B
• A hearing will be scheduled no later than forty-five (45) days from the receipt of your hearing request.
• You will be notified of the following:
o The date, time, and location of the hearing.
o Your right, and other party's right, to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present.

Hearing Procedure
• An impartial hearing officer or panel will manage the hearing. • All persons testifying at the hearing will be placed under oath or affirmation. • The hearing will be informal with testimony being restricted to the issues requiring resolution.
• Technical rules of evidence and procedure will not apply at the hearing. • During the hearing all parties will have the right to:
­ present evidence and witnesses.
­ examine witnesses and other sources of relevant information and evidence. ­ be recorded verbatim, either electronically or stenographically.

Conclusion of the Hearing
• No later than thirty (30) days after the date the hearing was held, the hearing officer/panel will prepare a proposed decision based upon all relevant evidence presented and will consider applicable policies, procedures, regulations, and laws governing the program in reaching a decision.
• The proposed decision will include the following:
­ a description of each issue.
­ a statement indicating the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy will be included. ­ a citation of applicable laws and regulations.
• The proposed decision will be forwarded to the Director of DAAS-PG for issuance of a final decision.
• If the complaint is against the Director of DAAS-PG, the proposed decision will be forwarded to the Chairperson of the Governing Board for issuance of a final decision. • No later than thirty (30) days after receipt of the proposed decision, the Director or the Chairperson shall either adopt the proposed decision as the final decision or write a new final decision.
• The decision will be mailed to the parties involved.
• The decision is final and not subject to appeal.
• The decision will include procedures for ensuring that the remedies, if any, specified in the final decision are implemented.

Packet Page. 619

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
OAA GV 7406 Procedure (Rev. 03/2023) Page 7 of 12

ATTACHMENT B

CIVIL RIGHTS
If you believe that your civil rights have been violated, please contact:

Deputy Director, Administration
Department of Aging and Adult Services-Public Guardian
784 East Hospitality Ln.

San Bernardino, CA 92415
Packet Page. 620
OAA GV 7406 Procedure (Rev. 03/2023) Page 8 of 12

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs

ATTACHMENT B
Instructions
You must complete and submit the grievance form (OAA GV 7406) within one (1) week of the alleged violation.

Complete the attached form and provide the requested information:
• Name, mailing address, and telephone number of complainant or person authorized to act on behalf of the complainant.
• Date and time of occurrence and names of individuals involved. • Name of Service Provider, and type of service involved. • Description of the grievance. Be as specific as possible. • Names of witnesses and contact information, if any.
• If applicable, cite the alleged violation of regulation, law or policy. • Requested remedy or resolution.
• Signature.

Complaints Regarding Contracted Services
Submit the completed form (OAA GV 7406) directly to the contracted service provider.

Contracted services:
• Title IIIB – Supportive Services
• Title IIIC – Older Californians Nutrition Program
• Title IIID – Disease Prevention and Health Promotion Program • Title IIIE – Family Caregiver Support Program
• Title VII and VIIA – Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health Insurance Counseling and Advocacy Program (HICAP) • Modernization of Older Californians Act – Nutrition Modernization (NM) • Modernization of Older Californians Act – Supportive Services Complaints Regarding Direct Services
Submit the completed form to DAAS-PG Administration. Complaints may be hand delivered, mailed, or sent via fax to:

Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940
Direct services:

Packet Page. 621
OAA GV 7406 Procedure (Rev. 03/2023) Page 9 of 12

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs

ATTACHMENT B
• Senior Information and Assistance (SIA) (Title IIIB and IIIE) • Senior Community Service Employment Program (Title V) Packet Page. 622
OAA GV 7406 Procedure (Rev. 03/2023) Page 10 of 12

ATTACHMENT B
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance
Telephone Number Date of Meeting with Contract Provider Grievance Description
(Provide a clear and concise statement. Attach additional sheets if necessary.) Remedy Sought

GRIEVANCE PROCEDURE CERTIFICATION
This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs.

This information provided is true and accurate to the best of my knowledge.

Grievant Signature Date Filed
Packet Page. 623
OAA GV 7406 Procedure (Rev. 03/2023) Page 11 of 12

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs

ATTACHMENT B
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance

GRIEVANCE REVIEW -LEVEL I
A written response must be issued to the Grievant no later than ten (10) business days after receipt of grievance, or from date of discussion.

Date Received Level I Reviewer Printed Name
Response Date Level I Reviewer Signature
Level I Decision (Attached on separate sheet)

GRIEVANT ACKNOWLEDGEMENT AND RESPONSE TO FIRST LEVEL REVIEW If the contract provider does not resolve your complaint at the first level of grievance, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision.
☐ I agree with decision and do not appeal to the second level.

Please return one copy of this form to the Service Provider. ☐ I do not agree with decision and appeal to the second level.

Please return one copy of this form to DAAS-PG Administration.

Grievant Signature Date Signed
Appeals may be hand delivered, mailed, or faxed to: DAAS-PG Administration Attention: Deputy Director
784 East Hospitality Ln.

San Bernardino, CA 92415
Fax: (909) 891-3940
Packet Page. 624
OAA GV 7406 Procedure (Rev. 03/2023) Page 12 of 12

CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs

ATTACHMENT B
Grievant Name Name of Service Provider

GRIEVANCE REVIEW -LEVEL II
A written response must be issued to the Grievant no later than fifteen (15) business days after receipt of first level appeal.

Date Received Level II Reviewer Printed Name
Response Date Level II Reviewer Signature
Level II Decision (Attached on separate sheet)

GRIEVANT ACKNOWLEDGEMENT AND RESPONSE TO LEVEL II REVIEW If DAAS-PG Administration does not resolve your complaint at the second level of grievance, you may appeal their decision and request an impartial hearing within fifteen (15) business days of their written decision.
☐ I agree with the decision and do not appeal for a hearing. ☐ I do not agree with the decision and appeal for a hearing.

Reason for appeal:

Grievant Signature Date Signed
Packet Page. 625

ATTACHMENT C

ASSURANCE OF COMPLIANCE STATEMENT

ASSURANCE OF COMPLIANCE WITH THE

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS _____________________________________________________________

CITY OF SAN BERNARDINO
(Hereinafter called the “Agency”)
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135- 11139.8, as amended; California Government Code section12940; California Government Code section 4450; Title 2, California Code of Regulations sections 11140-11200; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290- 7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, sexual orientation, gender identity, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief, or other applicable protected basis be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the Agency agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-11139.8, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the Agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update.
____________________ ________________________________________

DATE SIGNATURE
________________________________________________

CITY OF SAN BERNARDINO

ADDRESS
HS Rev. 4/2024
Packet Page. 626

ATTACHMENT D

San Bernardino County
Modernization of Older Californians Act - Nutrition Services

PROGRAM BUDGET
October 1, 2024 through September 30, 2025
Contractor: City of San Bernardino
Service Area: RFA
$99,900 designated for Intergenerational Activities and Nutrition Infrastructure. This amount includes a onetime purchase of equipment in an amount not to exceed $11,201.

Packet Page. 627

ATTACHMENT E

ATTACHMENT E
Campaign Contribution Disclosure
(SB 1439)

DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the County’s decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.

Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.

Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.

For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.

Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.

Contractors must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.

Packet Page. 628

ATTACHMENT E

1. Name of Contractor: _____________________________________________________

2. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ If yes, skip Question Nos. 3-4 and go to Question No. 5 No ☐

3. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: __________________________________________

4. If the entity identified in Question No.1 is a corporation held by 35 of less shareholders, and not publicly traded (“closed corporation”), identify the major shareholder(s):
________________________________________________________________

5. Name of any parent, subsidiary, or otherwise related entity for the entity listed in Question No. 1 (see definitions above):

Company Name Relationship

6. Name of agent(s) of Contractor:

Company Name Agent(s) Date Agent Retained
(if less than 12 months)

7. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the awarded contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract with the County or board governed special district.

Company Name Subcontractor(s): Principal and//or Agent(s):

8. Name of any known individuals/companies who are not listed in Questions 1-7, but who may (1) actively support or oppose the matter submitted to the Board and (2) have a financial interest in the outcome of the decision:

Company Name Individual(s) Name
Packet Page. 629

ATTACHMENT E

9. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors within the prior 12 months, by any of the individuals or entities listed in Question Nos. 1-8? No ☐ If no, please skip Question No. 10.

Yes ☐ If yes, please continue to complete this form.

10. Name of Board of Supervisor Member: ________________________________________ Name of Contributor: ________________________________________________ Date(s) of Contribution(s): _________________________________________ Amount(s): _______________________________________________ Please add an additional sheet(s) to identify additional Board Members to whom anyone listed made campaign contributions.

By signing the Contract, Contractor certifies that the statements made herein are true and correct. Contractor understands that the individuals and entities listed in Question Nos. 1-8 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors while award of this Contract is being considered and for 12 months after a final decision by the County.

Packet Page. 630
Packet Page. 631
Packet Page. 632
Packet Page. 633
Packet Page. 634
Packet Page. 635
Packet Page. 636
Packet Page. 637
Packet Page. 638
Packet Page. 639
Packet Page. 640
Packet Page. 641
Packet Page. 642
Packet Page. 643
Packet Page. 644
Packet Page. 645
Packet Page. 646
Packet Page. 647
Packet Page. 648
Packet Page. 649
Packet Page. 650
Packet Page. 651
Packet Page. 652
Packet Page. 653
Packet Page. 654
Packet Page. 655
Packet Page. 656
Packet Page. 657
Packet Page. 658
Packet Page. 659
Packet Page. 660
Packet Page. 661
Packet Page. 662
Packet Page. 663
Packet Page. 664
Packet Page. 665
Packet Page. 666
Packet Page. 667
Packet Page. 668
Packet Page. 669
Packet Page. 670
Packet Page. 671
Packet Page. 672
Packet Page. 673
Packet Page. 674
Packet Page. 675
Packet Page. 676
Packet Page. 677
Packet Page. 678
Packet Page. 679
Packet Page. 680
Packet Page. 681
Packet Page. 682
Packet Page. 683
Packet Page. 684
Packet Page. 685
Packet Page. 686
Packet Page. 687
Packet Page. 688
Packet Page. 689
Packet Page. 690
Packet Page. 691
Packet Page. 692
Packet Page. 693
Packet Page. 694
Packet Page. 695
Packet Page. 696
Packet Page. 697
Packet Page. 698
Packet Page. 699
Packet Page. 700
Packet Page. 701
Packet Page. 702
Packet Page. 703
Packet Page. 704
Packet Page. 705
Packet Page. 706
Packet Page. 707
Packet Page. 708
Packet Page. 709
Packet Page. 710
Packet Page. 711
Packet Page. 712
Packet Page. 713
Packet Page. 714
Packet Page. 715
Packet Page. 716
Packet Page. 717

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept the FY 2024/2025 Tobacco Grant (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-233 authorizing:

1. The City Manager to accept the FY 2024/25 Department of Justice Tobacco Grant by signing the Memorandum of Understanding (MOU) from the Department of Justice (DOJ).

2. The Interim Director of Finance and Management Services to amend the FY 2024/25 budget by appropriating $301,015 in grant funds in both revenue and expenditures.

Executive Summary
The City of San Bernardino has been awarded $301,015 from the Department of Justice's Tobacco Grant Program for FY 2024/2025 to support a new community policing initiative aimed at reducing youth exposure to harmful tobacco influences. The grant will fund officer overtime and materials for both enforcement of tobacco-related laws and educational efforts targeting non-compliant tobacco retailers, reflecting a proactive approach to improving public health and safety.

Background
The Tobacco Grant Program is overseen by the Department of Justice (DOJ), Division of Operations. The Tobacco Grant is awarded through a competitive process. The Department has been a recipient of Tobacco Grant funds multiple times in the past. In June 2024, the Department submitted a proposal for the FY 2024/25 Tobacco Grant.

On October 16, 2024, the Department was notified that the proposal was approved, and the city would be awarded $301,015 in grant funding to support the newly proposed Packet Page. 718
program. Although the grant term ends on 6-30-2028, the Department anticipates expending all funds by the end of FY 2025-2026 as indicated in the table below.

Discussion
The Tobacco Grant Program is designed to support both enforcement and educational efforts. Agencies may use the funding to identify and address problematic tobacco retailers, ensuring compliance with laws that may have been violated. Additionally, the funding provides officers with the opportunity to educate retailers about the laws concerning the sale and use of tobacco products. The Department applied for the Tobacco Grant as part of a proactive community policing initiative aimed at reducing the exposure of harmful factors to the city's youth. The grant will cover officer overtime costs to implement minor decoy and shoulder tap operations and purchase and purchase materials for conducting tobacco-related enforcement and education programs. The table below indicates the budget breakdown. Although the grant has a four-year term, applicants were only to fund a program for 24 to 36 months. The Department anticipates expending all funding by the end of FY 2025/26 and there will be no reoccurring costs associated with the grant.

Award Amount
Category of Expenditure Budget
FY 2024-
2025
Budget
FY 2025-2026
Budget
FY 2026-
2027
Budget
FY 2027-
2028
Personal Services $145,808 $151,207 $0 $0
Operating Expenses and
Equipment
$2,000 $2,000 $0 $0
Administrative Costs (Not
to exceed 5%)
$0 $0 $0 $0
Total Award Amount $301,015
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2024/25 Tobacco Grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact to the General Fund for this item. The FY 2024/25 operating budget will be amended by $301,015 in grant funding for both revenue and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-233 authorizing:

Packet Page. 719

1. The City Manager to accept the FY 2024/25 Department of Justice Tobacco Grant by signing the Memorandum of Understanding (MOU) from the Department of Justice (DOJ).

2. The Interim Director of Finance and Management Services to amend the FY 2024/25 budget by appropriating $301,015 in grant funds in both revenue and expenditures.

Attachments
Attachment - Resolution 2024-233
Attachment - Subaward Information Letter
Attachment - DOJ MOU
Ward:

All Wards
Synopsis of Previous Council Actions:

January 18, 2023 Mayor and City Council adopted Resolution No. 2023-015, authorizing the City Manager to accept the FY 2023/24
Tobacco Grant and the Director of Finance to amend the FY 2023/24 budget appropriating $1,097,375 in both revenue and expenditures; and authorizing the Police Department to
increase the approved staffing.

January 20, 2021 Mayor and City Council adopted Resolution No. 2021-14, authoring the City Manager to accept the FY 2020/21 Tobacco Grant and the Director of Finance to amend the FY 2020/21 budget appropriating $1,169,028 in both revenue and
expenditures; and authorizing the Police Department to
increase the approved staffing.

Packet Page. 720
Resolution No. 2024-233
Resolution 2024-233
December 4, 2024

RESOLUTION NO. 2024-233

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE ACTING CITY MANAGER TO
ACCEPT THE FY 2024/25 TOBACCO GRANT BY SIGNING

THE DEPARTMENT OF JUSTICE MEMORANDUM OF

UNDERSTANDING AND THE INTERIM DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY 2024/25 ADOPTED BUDGET APPROPRIATING
$301,015 IN BOTH REVENUE AND EXPENDITURES.

WHEREAS, the City of San Bernardino has been awarded the FY 2024/25 California Department of Justice Tobacco Grant funding in the amount of $301,015; and, WHEREAS,. The City will use grant funding to continue tobacco enforcement and education programs.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the California Department of Justice and accept the FY 2024/25 Tobacco Grant in the amount of $301,015.

SECTION 3. The Interim Director of Finance and Management Services is hereby authorized to amend the FY 2024/25 Adopted Budget increasing revenue and expenditures by $301,015.

SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

Packet Page. 721
Resolution No. 2024-233
Resolution 2024-233
December 4, 2024

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 722
Resolution No. 2024-233
Resolution 2024-233
December 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-233, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 723
Rob Bonta
Attorney General

DIVISION OF OPERATIONS

OFFICE OF THE CHIEF

GRANT SERVICES BRANCH

TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
October 16, 2024
Jason King, Lieutenant
San Bernardino Police Department
710 N D St
San Bernardino, CA 92401
Re: Tobacco Grant Award Notification Fiscal Year 2024-25 (RFP: DOJ-PROP56-2024-25-1) Dear: Lieutenant Jason King
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency’s grant application for the fiscal year 2024-25 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $301,015.

The Tobacco Grant Program award process is highly competitive, and for the 2024-25 grant cycle, the Department received over $50 million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications to align with these funding priorities. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.

To accept the 2024-25 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm either:

1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); OR

2. No governing body exists and no resolution is required.

Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: “FY 24-25_Letter of Intent_San Bernardino Police Department.” Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more Packet Page. 724
October 16, 2024

information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after November 1, 2024 depending upon your selected start date.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Sincerely,

JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
Attachments:

Letter of Intent
Summary of Award
Budget Detail
Packet Page. 725
Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
San Bernardino Police Department DOJ-PROP56-2024-25-1-058

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the San Bernardino Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

Packet Page. 726
San Bernardino Police Department DOJ-PROP56-2024-25-1-058

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2024 – 6/30/2028
Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $145,808 $151,207 $ $
Operating Expenses and
Equipment $2,000 $2,000 $ $
Administrative Costs (Not to
Exceed 5%) $0 $0 $ $
TOTAL AWARD AMOUNT $301,015
The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Jason King, Lieutenant
San Bernardino Police Department
710 N. D Street
San Bernardino, CA 92410
909 388-4857
[email protected]
Packet Page. 727
San Bernardino Police Department DOJ-PROP56-2024-25-1-058

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ___________________________________ ___________________ NAME: Rochelle Clayton Date
Title: Acting City Manager
Agency: City of San Bernardino
___________________________________ ___________________ NAME: Nelson Carrington Date
Title: Police Captain
Agency: City of San Bernardino
___________________________________ ___________________ NAME: Jason King Date
Title: Police Lieutenant
Agency: City of San Bernardino
______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
Packet Page. 728

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Execute a Third Amendment to the San Manuel
Community Credit Fund Restricted Grant Agreement for
Police Services (Wards 2,3,4,7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-234 authorizing:

1. The City Manager to execute a 3rd Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement entering into a police services agreement until December 31, 2028.

2. The Interim Director of Finance and Management Services to amend the adopted FY 24/25 budget for the amount of $2,086,620 in revenues and expenditures.

3. Authorize the Police Department to increase staffing by one (1) Police Sergeant position and two (2) Police Officer positions.

Executive Summary
The Memorandum of Agreement between the City of San Bernardino and The San Manuel Band of Mission Indians (SMBMI) is going to expire on January 1, 2025.

SMBMI funds four sworn police positions and appropriate police equipment through the agreement. The SMBMI have expanded their footprint within the City and Resort attendance as increased dramatically during the agreement. Consequently, the SMBMI would like to amend the agreement to extend the term and increase services by one sergeant and two more sworn police officers. The SMBMI will pay the fully Packet Page. 729
burdened rate for all staff including overtime, as well as provide a budget for equipment and training.

Background
On October 01, 2017, the SMBMI and the City entered into an Agreement, which provided funding from the San Manuel Community Credit Fund Restricted Grant to support the City’s Police Department, the San Bernardino Police Department, to improve police visibility and public safety in the off-Reservation community surrounding the SMBMI’s reservation. The Mayor and City Council adopted Resolution No. 2017- 214, authorizing the City Manager to execute an agreement with the San Manuel Band of Misson Indians and the City of San Bernardino Police Department, to provide police services on an overtime basis.

On August 07, 2019, the Mayor and City Council adopted Resolution No. 2019-259, authorizing the City Manager to execute the First Amendment to the Agreement with the San Manuel Band of Mission Indians, to include license plate reader traffic cameras installed in the city; however, funded by the Restricted Grant Agreement.

On January 01, 2021, a Memorandum of Agreement to provide supplemental policing, community and traffic control services in the service areas, police cars and equipment, and additional services as requested by the SMBMI (Supplemental Services), provided funding four full-time fully burdened Police Officer positions, assigning the officers to the Service Areas (Exhibit A of MOA). On January 20, 2021, Mayor and City Council adopted Resolution No. 2021-13, authorizing the City Manager to accept the San Manuel Band of Mission Indians Memorandum of Agreement in the amount of $3,156,784 through December 31, 2024, and to amend the FY 2020/21 Adopted Budget.

The Yaamava Resort and Casino has since grown into one of the largest attractions in the state. Consequently, the increase in casino and resort attendance, coupled with multiple concerts and shows weekly require more personnel to meet service needs necessary to offset the impacts to the community. The SMBMI are desirous of entering into a 3rd Amendment of the original Agreement, to fund a total of (1) Police Sergeant and (6) Police Officers, at the fully burdened rate. This team will be dedicated to meeting the demands of police needs in the Service Areas, and more importantly, during the increased traffic times when concerts and shows are occurring.

Discussion
The SMBMI is desirous of continuing a Policing Services Agreement until December 31, 2028, and amending (3rd Amendment) the current Agreement, agreeing to fund the fully burdened rate of 6 full-time fully burdened Police Officer positions, and 1 fulltime fully burdened Police Sergeant position. These costs would include salary, Packet Page. 730
benefits, and any overtime expenses incurred. The fully burdened employee costs, funded by the SMBMI will be $6,979,601 for the four-year Agreement, which will begin December 31, 2024, and expires December 31, 2028.

Additionally, the SMBMI is going to fund an annual police equipment budget and an annual police training budget of $960,000 for the agreement term. The equipment budget is larger in year one to cover the cost to purchase patrol vehicles. Subsequent years will be used to purchase equipment to support the service area. See table below for further details.

Year 1 Year 2 Year 3 Year 4 Total Cost
Officer (6) $1,157,229 $1,215,090 $1,275,844 $1,339,636 $4,987,799 Sergeant (1) $239,391 $251,360 $263, 927 $277,124 $1,031,802 Equipment $680,000 $80,000 $80,000 $80,000 $920,000
Training $10,000 $10,000 $10,000 $10,000 $40,000
Total Cost $2,086,620 $1,556,450 $1,629,771 $1,706,760 $6,979,601 The additional Police Officers and Police Sergeant funded by San Manuel are instrumental in the efforts to improve quality of life and police services to the community surrounding the reservation. These officers respond to calls for service, to include traffic collisions, violent crimes, thefts, drug offenses, traffic control issues, and other incidents requiring a police response. Since SMBMI funds the positions, it does not impact services in other areas of the City and contributes to the overall safety and reduction of crime in the City.

2021-2025 Strategic Targets and Goals
The funding of these positions by San Manuel is aligned with Key Target Goal No.1, Improved Operational & Financial Capacity. The ability to “Secure a long-term revenue source,” aligns with this Agreement. San Manuel will fund the positions for a period of 4 years, causing no fiscal impact to the City. This creates 6 Police Officer positions and 1 Police Sergeant position for police services.

The request to renew and amend the agreement with San Manuel is aligned with Key Target Goal No. 3 Improved Quality of Life. “The constant evaluation of public safety services and the vessels for which it is provided, synthesizes to this agreement. Police Officers assigned to the San Manuel Service Areas, provide immediate police presence, traffic control services, and decreased response times to calls for service in the Service Area, to include the community surrounding the reservation.

Fiscal Impact
There is no fiscal impact to the general fund. All costs will be covered by the SMBMI Packet Page. 731
Agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-234 authorizing:

1. The City Manager to execute a 3rd Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement entering into a police services agreement until December 31, 2028.

2. The Interim Director of Finance and Management Services to amend the adopted FY 24/25 budget for the amount of $2,086,620 in revenues and expenditures.

3. Authorize the Police Department to increase staffing by one (1) Police Sergeant position and two (2) Police Officer positions.

Attachments
Attachment 1 Resolution No. 2024-234
Attachment 2 Amendment #3 to San Manuel Community Grant Fund Attachment 3 Amendment #2 to San Manuel Community Grant Fund Attachment 4 Resolution No. 2021-13
Attachment 5 Resolution No. 2019-259
Attachment 6 Amendment #1 to San Manuel Community Grant Fund Attachment 7 Resolution No. 2017-214
Ward:

Second Ward; Third Ward; Fourth Ward; Seventh Ward
Synopsis of Previous Council Actions:

January 01, 2021, The Mayor and City Council approved the Memorandum of Agreement (2nd Amendment) with the San Manuel Band of Mission Indians for the funding of four Police Officers to provide Police Services to the Service Areas identified in the Agreement, and to provide Additional Services as identified.

August 07, 2019, The Mayor and City Council approved the 1st Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement.

October 01, 2017, The Mayor and City Council approved an Agreement between the San Manuel Band of Mission Indians for funding for Police Services under the San Manuel Community Credit Fund Restricted Grant Agreement Packet Page. 732
Resolution No. 2024-234
Resolution No. 2024-234
December 4, 2024

RESOLUTION NO. 2024-234

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 RD AMENDMENT WITH SAN MANUEL BAND OF
MISSION INDIANS FOR POLICE SERVICES.

WHEREAS, in 2017, the San Manuel Band of Mission Indians and the City of San Bernardino Police Department entered into an agreement for police services under the San Manuel Community Credit Fund Restricted Grant Agreement.

WHEREAS, in 2019 the First Amendment renewed the Agreement until 2021 and included the funding of traffic cameras.

WHEREAS, in 2021 the Memorandum of Agreement (Second Amendment) again renewed the Agreement and funded four full-time fully burdened Police Officers to patrol the identified service areas around the Reservation and the Tribe’s commercial properties in San Bernadino.

WHEREAS, the current Memorandum of Agreement expires in January of 2025 and the Tribe is desirous of continuing a policing agreement; however, increasing the personnel dedicated to the service areas.

WHEREAS, the 3rd Amendment will include the Tribe funding six full-time fully burdened Police Officers and one full-time fully burdened Police Sergeant, police cars, police equipment, and police training.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2, Mayor and City Council hereby authorize the City Manager to execute a 3rd Amendment to the 2017 San Manuel Community Credit Fund Restricted Grant Agreement entering into a police services agreement until December 31, 2028.

SECTION 3, Authorizing the Interim Director of Finance and Management Services to amend the adopted FY 24/25 budget for the amount of $2,086,620 in revenues and expenditures.

SECTION 4, Authorizing the Police Department to increase staffing by one (1) Police Sergeant position and two (2) Police Officer positions.

SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Packet Page. 733
Resolution No. 2024-234
Resolution No. 2024-234
December 4, 2024

environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA..

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 734
Resolution No. 2024-234
Resolution No. 2024-234
December 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-234, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 735

THIRD AMENDMENT TO SAN MANUEL COMMUNITY GRANT FUND RESTRICTED

GRANT AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

SAN MANUEL BAND OF MISSION INDIANS
This Amendment (“Amendment #3”) to the San Manuel Band of Mission Indians/SBPD memorandum of Agreement is made and entered into as of November 20, 2024 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and San Manuel Band of Mission Indians (a Federally recognized Indian Tribe with its principal place of business at 26569 Community Center Drive, Highland, California 92346) (“Tribe”). City and Tribe are sometimes referred to herein individually as a “Party” and collectively as “Parties”.

RECITALS
A. WHEREAS, the Parties entered into an agreement dated October 1, 2017, to provide funding from the San Manuel Community Credit Fund in support of the City’s Police Department to improve police visibility and public safety in the off-Reservation community surrounding the Tribe’s Reservation (“Agreement”); and B. WHEREAS, the Parties entered into a First Amendment to allow the purchase of traffic cameras instead of crime cameras on August 7, 2019; and C. WHEREAS, the Parties entered into a memorandum of agreement to provide supplemental policing, community and traffic control services in the service areas, and additional services as requested by the Tribe (“Supplemental Services”) on January 1, 2021 (“MOU”), expiring on December 31, 2024; and D. WHEREAS, the Parties now desire to further amend the Agreement a third time in order to provide additional Supplemental Services.

NOW, THEREFORE, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment
a. Representations and Warranties
(1) Section 2(b) to the Agreement section of the MOU is Packet Page. 736

amended by replacing the words “not less than four (4) officers” with the words “not less than six (6) officers and one (1) supervisor”.
(2) Section 2(d) to the Agreement section of the MOU is amended in its entirety to read as follows: “Representatives from SBPD and the Tribe’s Department of Public Safety will hold briefings as needed to coordinate efforts related to the provision of Services and Additional Services. Furthermore, the Area Commander of SBPD or their designee (along with the Vice President of the Tribe’s Department of Public Safety or their designee) will arrange management meetings as necessary to address challenges, discuss recommendations, and review any notices from the Tribe concerning Additional Services.”
b. Term/Termination. Section 6 to the Agreement section of the MOU is amended in its entirety to read as follows:
“(a) The term of this Agreement will be from the Effective Date through the date that is four (4) years following the Effective Date (on or about January 1, 2029) (“Term”).
(b) Either Party hereto may terminate this Agreement upon not less than six (6) months’ prior written notice to the other Party for failure on the part of the other Party to perform a material obligation hereunder to the detriment of the terminating Party that cannot be cured; or if curable, is not cured to the non-terminating Party’s satisfaction within three (3) business days or for breach of a Party’s representation or warranty made in this Agreement to the detriment of the terminating non-breaching Party.
(c) Either Party may also terminate this Agreement for any reason or no reason whatsoever, in its sole discretion, upon six (6) months’ prior written notice to the other Party.”
c. SBPD Funding
(1) Section 7(b) to the Agreement section of the MOU is amended in its entirety to read as follows: “Both Parties agree that the Services and Additional Services provide a benefit to the surrounding community and the Tribe will pay all invoices for Additional Services both approved by the Tribe and performed by the SBPD. The SBPD will need to gather either written or verbal approval from the Chief Physical Security Officer or his/her designee, prior to Additional Services being incurred.

The SBPD shall provide to the Tribe a quarterly invoice with a detailed listing of Services, and the approved Additional Services performed, including the Tribe’s designated position who approved the Additional Services, the SBPD personnel used to provide the Additional Services, and the hours such personnel worked. The Tribe will pay within thirty (30) days following receipt of such invoice. Notwithstanding anything to the contrary, an invoice shall be deemed approved by the Tribe if the Tribe does not object within thirty (30) calendar days following receipt of such invoice.” (2) A new Section 7(h) is added to the Agreement section of the Packet Page. 737

MOU to read as follows: “All invoices issued by the City are payable within thirty (30) calendar days from the date of the invoice (“Net 30”).” d. Signage. The existing signage indicating “Law Enforcement for this neighborhood funded in part by the San Manuel Band of Mission Indians,” shall be maintained and replaced as necessary by San Bernardino City employees. e. Notice. Section 13 to the Agreement section of the MOU is amended by replacing the City Manager name of “Robert D. Field” with “Rochelle Clayton”, and the title “Administrative Captain” with “Operations Captain”. f. Exhibits. Exhibits A through C of the MOU are deleted in their entirety and replaced with the new Exhibits A through C attached hereto and incorporated by reference.

3. Continuing Effect of Agreement. Except as amended by this Amendment #3, all provisions of the Agreement as amended shall remain in full force and effect and shall govern the actions of the Parties under this Amendment #3. Whenever the term “Agreement” appears in the original Agreement from and after the date of this Amendment, it shall mean the Agreement as amended.

4. Electronic Transmission. A manually signed copy of this Amendment #3 which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment #3 for all purposes. This Amendment #3 may be signed using an electronic signature.

5. Counterparts. This Amendment #3 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 738

SIGNATURE PAGE FOR

THIRD AMENDMENT TO SAN MANUEL COMMUNITY GRANT FUND RESTRICTED

GRANT AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

SAN MANUEL BAND OF MISSION INDIANS
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #3 on the Effective Date first herein above written.

CITY SAN BERNARDINO
Approved By:

Rochelle Clayton
Acting City Manager
Attested By:

Genoveva Rocha, CMC
City Clerk
Approved as to Form:

City Attorney
Best Best & Krieger LLP

SAN MANUEL BAND OF MISSION

INDIANS
Signature
Name
Title
Packet Page. 739

EXHIBIT A
Service Areas
- The area surrounding the Reservation and within the City of San Bernardino with Highway 210 being the western border, Highway 210 being the southern border and Highway 330 being the eastern border
- The Commons (see attached Map 1)
- Hospitality Lane property (see attached Map 2)
- Arrowhead Springs Resort (see attached Map 3)
Packet Page. 740

Map 1
Packet Page. 741

Map 2
Packet Page. 742

Map 3
Packet Page. 743

EXHIBIT B
Services and Additional Services
Services
Services shall include a dedicated team of six (6) officers and one (1) supervisor providing general policing and traffic control services within the Service Areas, including without limitation (1) providing traffic control, (2) handling parking issues, traffic collision reports and basic reports exclusively in the Service Areas and (3) observing, reporting, and conducting vacation checks (4) identifying and addressing community needs in the neighborhoods located in the Service Areas, as coordinated with the Tribe’s Department of Public Safety. Additionally, SBPD shall submit a brief monthly report to the Tribe's Chief Physical Security Officer to include the following information and any additional statistics requested: (1) a summary of calls for service in the Service Areas (type and number), (2) a summary of crimes reported in the Service Areas (type and number), and (3) a summary of arrests in the Service Areas (type and number). As part of services, the SBPD will develop a method for identifying and notifying the Tribe’s Department of Public Safety of critical incidents that may impact Tribal operations.

The Department will coordinate with the Tribe’s Department of Public Safety to provide quarterly training as requested and agreed upon.

Additional Services
Additional Services shall mean policing, safety, and traffic control services by sworn or non-sworn staff where appropriate in addition to the Services that are noticed by the Tribe in accordance with the Agreement, which may include but shall not be limited to:

1. Traffic control and safety support along key corridors such as Highland Avenue and Victoria Avenue and at key intersections during ingress and egress to improve traffic flow and traffic safety; and

2. Action plans and traffic and policing support for activities, events and holidays in cooperation and coordination with the Tribe’s Department of Public Safety.

3. Extra patrols or coordinated response to crime trends or activity impacting the focus areas or Tribal Operations.

Packet Page. 744

EXHIBIT C
Funding
Services: Upon the later of the Effective Date or the full execution of the Agreement, the Tribe shall fund an SBPD account with the estimated equivalent of the annual salaries for six (6) SBPD Officers, and one (1) SBPD Sergeant at the amounts set forth below in the fee schedule.

SBPD shall draw reimbursement from the account only for the actual cost for the Officers’ salaries.

SBPD shall maintain a record of the actual cost of the Officers’ and their assigned supervisor’s salaries and provide an update of such record on no less than a quarterly basis. On each anniversary of the Effective Date of the Agreement, the Tribe shall renew such payment for the Term calculating any remaining funds from the previous year(s) into the renewal amount. Should the Agreement terminate prior to a full year of Services following the initial payment or any payment renewal, or if there is Funding remaining at the end of the Term, the SBPD and/or City shall be used to fund services and/or equipment dedicated to supporting the focus areas.

Equipment: Upon the later of the Effective Date or the full execution of the Agreement, the Tribe will fund an SBPD account with the annual projected equipment funding set forth below in the fee schedule. Vehicle funds will be used as needed throughout the duration of the agreement term.

On each anniversary of the Effective Date of the Agreement, the Tribe shall renew such payment for the Term calculating any remaining funds in the equipment and training accounts from the previous year(s) into the proceeding years amount. Equipment funding will be used for the following:
a. Patrol Vehicles: The Tribe shall provide funding to purchase and maintain seven patrol vehicles for the officers dedicated to the service area during the term of the agreement. The SBPD currently possesses four (4) San Manuel area dedicated patrol vehicles and will purchase and equip three (3) additional dedicated patrol vehicles as needed for the duration of the agreement term. The SBPD will display on the patrol vehicles dedicated to providing services a high-quality decal that states the following “This vehicle was made possible with funding from the San Manuel Band of Mission Indians.” SBPD shall submit in advance to the Tribe the proposed design and dimensions of the decal for the Tribe’s timely approval. b. Miscellaneous Equipment: The SBPD will purchase miscellaneous equipment deemed necessary for law enforcement and communications. The SBPD shall notify the Tribe in advance and in writing of the intended purpose and cost of any miscellaneous equipment the SBPD intends to purchase. Such equipment may include, but is not limited to, the following:

1. Crime Cameras

2. Automatic License Plate Readers

3. Software to support criminal investigations

4. Surveillance equipment
c. Training: The Tribe shall pay for appropriate training for the dedicated staff to provide the highest quality personnel to work in the service area.

Fee Schedule The table below represents the annual cost for salaries and equipment to fund the agreement. The SBPD budget is based on a fiscal year (July 1 to June 30) and salaries have been adjusted to reflect the projected cost for each calendar year of the agreement. Cost of living and salary increases have been projected into the table; however, the Tribe will only be charged for actual cost.

Packet Page. 745

Year 1
01/01 –
12/31/2025
Year 2
01/01 –
12/31/2026
Year 3
01/01 –
12/31/2027
Year 4
01/01 –
12/31/2028
Total Cost
Officer (6) $1,157,229.00 $1,215,090.00 $1,275,844.00 $1,339,636.00 $4,987,799.00 Sergeant
(1) $239,391.00 $251,360.00 $263,927.00 $277,124.00 $1,031,802.00 Equipment $680,000.00 $80,000.00 $80,000.00 $80,000.00 $920,000.00 Training $10,000.00 $10,000.00 $10,000.00 $10,000.00 $40,000.00 Total Cost $2,086,620.00 $1,556,450.00 $1,629,771.00 $1,706,760.00 $6,979,601.00 Officer Salaries (fiscal year):
$188,167 per Officer for the first year,
$197,575 per Officer for the second year,
$207,454 per Officer for the third year, and
$217,827 per Officer for the fourth-year 1st half
$228,718 per Officer for the fourth-year 2nd half
Sergeant/Supervisor Salary (fiscal year):
$233,551 for the first year,
$245,228 for the second year,
$257,489 for the third year, and
$270,364 for the fourth-year 1st half
$283,883 for the fourth-year 2nd half
Additional Services: The City shall invoice the tribe quarterly for additional services. Additional services shall be billed at the actual cost. The hourly rates below are projections based on a top step employee.

Per hour rates:

Rank 1
st Year 2nd Year 3rd Year 4
th Year 1st
Half
4 th Year 2nd
Half
Sergeant $138.25 $145.16 $152.42 $160.04 $168.04
Detective $122.34 $128.46 $134.88 $141.62 $148.70
Officer $107.29 $112.65 $118.28 $124.20 $130.41
Unsworn Personnel: Actual cost but not to exceed $48 per hour.

Packet Page. 746
Packet Page. 747
Packet Page. 748
Packet Page. 749
Packet Page. 750
Packet Page. 751
Packet Page. 752
Packet Page. 753
Packet Page. 754
Packet Page. 755
Packet Page. 756
Packet Page. 757
Packet Page. 758
Packet Page. 759
Packet Page. 760
Packet Page. 761
Packet Page. 762
Packet Page. 763
Packet Page. 764
Packet Page. 765
Resolution No. 2019- 259
RESOLUTION NO. 2019- 259

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE FIRST AMENDMENT TO THE SAN MANUEL

COMMUNITY GRANT FUND RESTRICTED GRANT

AGREEMENT
WHEREAS, On October 1, 2017, the Mayor and City Council adopted Resolution No. 2017- 214, authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant in the amount of $4, 200, 000 through 2020 and to amend the adopted fiscal year 2017/ 18 budget by $1, 800,000; and
WHEREAS, the parties now wish to amend the grant agreement to amend the number and type of cameras the City may install.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized and directed to execute the First Amendment to the San Manuel Community Credit Fund Restricted Grant, hereto as Exhibit " A." SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision ofthis Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

Packet Page. 766
APPROVED and ADOPTED by the
by the City Clerk this
7th
day ofAugust 2019.

Attest:
f
i
Georgeann anna, MMC, dity Clerk
Approved as to form:

Gary D. Saenz, City Attorney
Resolution No. 2019- 259
fohn
it and ' ed by the Mayor and attested
Valdivia, Mayor
City of San Bernardino
Packet Page. 767
Resolution No. 2019- 259

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019- 259 adopted at a regular meeting held on the 7th day of Au ust 2019 by the
following vote:

Council Members: AYES NAYS

SANCHEZ X
MARRA

FIGUEROA

SHORETT
NICKEL x
RICHARD_
MULVIHILL x

ABSTAIN ABSENT
D70
WITNESS my hand and official seal of the City of San Bernardino this ! day ofAu ust 2019. lGeorgeann 1 a va, MMC, City Clerk
J
Packet Page. 768
Packet Page. 769
Packet Page. 770
Packet Page. 771
Packet Page. 772
Packet Page. 773
Packet Page. 774
Packet Page. 775
Packet Page. 776
Packet Page. 777
Packet Page. 778
Packet Page. 779
Packet Page. 780
Packet Page. 781
Packet Page. 782
Packet Page. 783

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, City Manager.

Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Award of Agreement for Construction of Seccombe LakeParkRevitalizationImprovementsProjectwith
LandscapeSupportServices andapprovalofTaskOrder
Number 001 forConstruction Management andInspection
ServiceswithCSGConsultants, Inc.
(Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement Landscape Support Services in the amount of $10,539,509.65 for the Construction of the Seccombe Lake Park Revitalization (Project); and

2. Approve Task Order Number 001 with CSG Consultants, Inc., in the amount of $700,305.00 for construction management and inspection services for the project; and

3. Authorize the project construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60 for construction of the Project; and

4. Authorize the City Manager or designee to execute all documents with Landscape Support Services necessary to carry out the Project; and

5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.

6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Executive Summary:

Packet Page. 784
Approving the Construction Agreement, and Task Order for the Seccombe Lake Park Revitalization would lead to the construction of various improvements such as lighting, landscaping, restrooms, playground, gazebo, basketball court, dog park, and lake restoration.

The Construction Agreement with Landscape Support Services includes a cost of $10,539,509.65. The Task Order with CSG Consultants, Inc. includes a professional services fee of $700,305.00. Additional funds are recommended for construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60. The total project cost is $13,792,332.00.

Background
The project will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure. It will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events and gatherings. This park will help build a safer community, provide a place to play, walk, and exercise while enjoying the outdoors.

Seccombe Lake Park is located in the center of the City and has been serving the surrounding community for many years. Due to neglect and vandalism, the Park has not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community.

On September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project.

On July 19, 2023, the Mayor and City Council approved a concept plan that included a variety of park improvements. The improvements included, but are not limited to, playground equipment, lighting, ADA accessibility, exercise stations, gazebo renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new restrooms.

On March 6, 2024, the Mayor and City Council approved Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $53,000 for Seccombe Lake Park Project.

On September 18, 2024, the Major and City Council received and filed an update on the City’s American Rescue Plan Act (ARPA) projects, allocations, and spending to date and authorized the City Manager to obligate ARPA funds for City led projects per the US Department of Treasury Guidelines, by executing Inter-Agency agreements.

This Project received an additional $1 million in funding from the San Manuel Band of Mission Indians to help support the renovations.

On October 2, 2024, the Mayor and City Council have authorized allocating $3,792,332 in American Rescue Plan Act (ARPA) funds to address a budget shortfall for the Packet Page. 785
Seccombe Lake Park project. Staff suggests reallocating this amount from the Encanto Community Center project, which has a total budget of $9.2 million but a significant funding shortfall. By fully funding the Seccombe Lake project with these ARPA funds, the Council can ensure its completion instead of providing only partial funding to the Encanto project.

Discussion
Staff recommends authorizing the City Manager or their designee to execute all necessary documents with Landscape Support Services. These actions are necessary to ensure the successful completion of the Seccombe Lake Park Revitalization project, which will provide improved park facilities for the community.

The recommended actions are aimed at facilitating the timely and efficient progress of this project.

Projects improvements include, but are not limited to, the park lighting, landscaping, restrooms, playground, gazebo, basketball court, dog park, and lake restoration.

The Project was advertised for public bidding on October 7, 2024 on PlanetBids. Six sealed bids were received and opened on November 12, 2024. The total base bid prices are as follows:

Staff has completed the bid evaluation and determined Landscape Support Services of North Hollywood, CA, is a responsive bidder with a total base bid amount of $9,587,090.25. In addition to the base bid, the Additive Alternate No. 1 and No. 2 costs are $387,052.40 and $565,367.00. The total construction award amount is $10,539,509.65.

As part of the construction phase, City staff also requested proposals from the City’s list of on-call consultants to provide construction management and inspection services. The lists are from previously awarded on-call professional services agreements from 2021 and 2022. The consultants from this list were awarded on-call Bidder City Base Bid
Landscape Support Services North Hollywood, CA $9,587,090.25 R2Build Laguna Hills, CA $9,870,142.46
Act 1 Construction Inc Norco, CA $9,949,000.00
Keystone Builders Anahiem, CA $10,788,371.28
Environmental Construction Inc Woodland Hills, CA $11,873,286.00 Griffith Company Brea, CA $13,592,425.35
Base Bid Amount $9,587,090.25
Add Alts #1 $387,052.40
Add Alts #2 $565,367.00
Total Construction Award $10,539,509.65
Packet Page. 786
professional services agreements based on a competitive qualifications-based process. Four proposals were received from consultants as follows:

Consultant City
TKE Engineering, Inc. Riverside, CA
CSG Consultants, Inc. Orange, CA
Z&K Consultants, Inc. Riverside, CA
Infrastructure Engineers, a Bowman Company Brea, CA
Staff reviewed the proposals based on each consultant’s ability to complete the work.

Staff then initiated the negotiation process with the recommended consultant to confirm the scope of work and fee for the project. After discussing project details with the consultant, a revised scope of services and fee was incorporated into Task Order 001.

Staff recommend CSG Consultants, Inc. of Orange, CA, to provide construction management and inspection services for this project. The proposal includes a competitive price of $700,305.00, which is based on the total number of hours discussed between City Staff and the consultant team.

In addition to this construction and professional services cost, staff recommends funding to provide construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60.

The current project cost including construction, construction management, administrative costs, and all contingencies is $13,792,332.00.

Existing funding was provided in the amount of $12,792,332 from ARPA funds and $1,000,000 from the San Manuel Band of Mission Indians.

The table below shows all revenue and expenditures for the project:

APRA $12,792,332.00
San Manuel $1,000,000.00
Total Project Budget $13,792,332.00
Packet Page. 787
Below is the tentative construction schedule outlining the anticipated timeline and key milestones for this Project, emphasizing that it is subject to adjustments due to contingencies and unforeseen circumstances. The Contractor shall complete all work required by the Contract Documents within three hundred sixty days (360) calendar days from the commencement date stated in the Notice to Proceed.

Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the park facilities located on the same site.

The City has also considered whether the proposed Project is subject to any Mayor and City
Council Approval
•December 4, 2024
Contract
Execution & P.O
Issuance
•January 2025
Pre-Construction
Meeting
•February 2025
Notice to Proceed
•March 2025
Construction Start
•March 2025
Construction
Completed
•March 2026
Dave Bang Associates Inc $585,444.22
Coast Recreation Inc $221,141.19
RHA Landscape $590,855.00
Geo Advantec $17,675.00
Future Interpretive Signage $44,680.34
Base Bid Amount $9,587,090.25
Add Alts #1 $387,052.40
Add Alts #2 $565,367.00
CMCI with CSG Consultants $700,305.00
Construction Contingency $1,000,000.00
CMCI Contingency $70,000.00
Administrative Cost $22,721.60
Total Project Costs $13,792,332.00
Packet Page. 788
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here.
b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially designated as a state scenic highway.

The exception does not apply here as the Project would not damage any scenic resources within a state scenic highway.

e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development. The additional amenities to Seccombe Lake Park will improve community participation for recreational activities and provide a safe and well-maintained community park.

Fiscal Impact
There is no General Fund impact associated with this action. The funding sources are ARPA and the San Manuel Band of Mission Indians.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement Landscape Support Services in the amount of $10,539,509.65 for the Construction of the Seccombe Lake Park Revitalization (Project); and

2. Approve Task Order Number 001 with CSG Consultants, Inc., in the amount of $700,305.00 for construction management and inspection services for the project; and
Packet Page. 789

3. Authorize the project construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60 for construction of the Project; and

4. Authorize the City Manager or designee to execute all documents with Landscape Support Services necessary to carry out the Project; and

5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.

6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Attachments
Attachment 1 Construction Agreement with Landscape Support Services Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Task Order 001 with CSG Consultants Inc.

Attachment 5 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project
July 19, 2023 Mayor and City Council approved the Concept Plan for the Seccombe Lake Park Revitalization Project
March 6, 2024 Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Design Services (Ward 1)
September 18, 2024 American Rescue Plan Update (Fall 2024) (All Wards) October 2, 2024 American Rescue Plan Workshop (Fall 2024) (All Wards) Packet Page. 790
Seccombe Lake Park Revitalization -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. PR22-005 is made and entered into this 4th day of December, 2024 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Landscape Support Services, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Seccombe Lake Park Revitalization
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 360 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Ten Million Five Hundred Thirty-Nine Thousand Five Hundred Nine Dollars and Sixty-Five Cents ($10,539,509.65). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Packet Page. 791
Seccombe Lake Park Revitalization -2- 00 52 13 – CONTRACT FOR CONSTRUCTION Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Project Information Sign
Compliance with American Rescue Plan Act (ARPA) Coronavirus local fiscal recovery fund (CLFRF) federal guidelines Use of ARPA CLFRF and requirements Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

Packet Page. 792
Seccombe Lake Park Revitalization -3- 00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of the Work under the Contract Documents. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
(1) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
(2) U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; (3) Treasury Compliance and Reporting Guidance for the Act; (4) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; (5) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
(6) Other federal contract provisions attached to these Contractor Provisions as “COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL

FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND REQUIREMENTS.”
Subcontracts, if any, shall contain a provision making them subject to all of the federal provisions stipulated in the Contract Documents. With respect to any conflict between such federal requirements and the terms of these Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

Packet Page. 793
Seccombe Lake Park Revitalization -4- 00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 794
Seccombe Lake Park Revitalization -5- 00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Rochelle Clayton, Acting City Manager
ATTEST:

By:

Genoveva Rocha, CMC, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

LANDSCAPE SUPPORT SERVICES
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 795
Seccombe Lake Park Revitalization -6- 00 52 13 – CONTRACT FOR CONSTRUCTION Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Packet Page. 796
Seccombe Lake Park Revitalization -7- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Packet Page. 797
Seccombe Lake Park Revitalization -8- 00 61 13 – BOND FORMS Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 798
Seccombe Lake Park Revitalization -9- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Packet Page. 799
Seccombe Lake Park Revitalization -10- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Page. 800
Seccombe Lake Park Revitalization -11- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
Packet Page. 801
Seccombe Lake Park Revitalization -12- 00 61 13 – BOND FORMS Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Packet Page. 802
Seccombe Lake Park Revitalization -13- 00 61 13 – BOND FORMS any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 803
Seccombe Lake Park Revitalization -14- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Page. 804
Seccombe Lake Park Revitalization -15- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
Packet Page. 805
Seccombe Lake Park Revitalization -16- 00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS
ARTICLE 1 - TERMS; DEFINITIONS

1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

10. City’s Representative – The Public Works Director, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
Packet Page. 806
Seccombe Lake Park Revitalization -17- 00 72 00 – GENERAL CONDITIONS

11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

16. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City.

18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any Packet Page. 807
Seccombe Lake Park Revitalization -18- 00 72 00 – GENERAL CONDITIONS inspection, reference standard, test, or approval referenced in the Contract Documents.

22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

26. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

28. Holiday – Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Packet Page. 808
Seccombe Lake Park Revitalization -19- 00 72 00 – GENERAL CONDITIONS Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as Packet Page. 809
Seccombe Lake Park Revitalization -20- 00 72 00 – GENERAL CONDITIONS applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award.

44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

Packet Page. 810
Seccombe Lake Park Revitalization -21- 00 72 00 – GENERAL CONDITIONS

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

Packet Page. 811
Seccombe Lake Park Revitalization -22- 00 72 00 – GENERAL CONDITIONS

2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times.

2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.

Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.

The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5.

B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.

C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules Packet Page. 812
Seccombe Lake Park Revitalization -23- 00 72 00 – GENERAL CONDITIONS referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records.

B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

B. The decision of the Engineer is final and binding on all questions relating to:

1. quantities;

2. acceptability of material, equipment, or work;

3. execution, progress or sequence of work;

4. interpretation of the Plans, Specifications, or other Contract Documents; and

5. Any other areas specifically identified in the Contract Documents or under the law.

C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.

2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

Packet Page. 813
Seccombe Lake Park Revitalization -24- 00 72 00 – GENERAL CONDITIONS

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.

12. Submittal of construction schedule as required by the Contract Documents.

ARTICLE 3 - CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

Packet Page. 814
Seccombe Lake Park Revitalization -25- 00 72 00 – GENERAL CONDITIONS B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project.

C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Packet Page. 815
Seccombe Lake Park Revitalization -26- 00 72 00 – GENERAL CONDITIONS Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. The Contract Documents are intended to be fully cooperative and complementary.

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
Packet Page. 816
Seccombe Lake Park Revitalization -27- 00 72 00 – GENERAL CONDITIONS g. Construction Plans and Drawings (Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

Packet Page. 817
Seccombe Lake Park Revitalization -28- 00 72 00 – GENERAL CONDITIONS

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - INDEMNIFICATION; INSURANCE

4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:

1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; Packet Page. 818
Seccombe Lake Park Revitalization -29- 00 72 00 – GENERAL CONDITIONS

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its Packet Page. 819
Seccombe Lake Park Revitalization -30- 00 72 00 – GENERAL CONDITIONS officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess Packet Page. 820
Seccombe Lake Park Revitalization -31- 00 72 00 – GENERAL CONDITIONS of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage.

Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars Packet Page. 821
Seccombe Lake Park Revitalization -32- 00 72 00 – GENERAL CONDITIONS ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage.

H. Builder ’s Risk [“All Risk”]

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

I. Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

J. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors Packet Page. 822
Seccombe Lake Park Revitalization -33- 00 72 00 – GENERAL CONDITIONS hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

K. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

L. Form and Proof of Carriage of Insurance

1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

Packet Page. 823
Seccombe Lake Park Revitalization -34- 00 72 00 – GENERAL CONDITIONS

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 - CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents.

Packet Page. 824
Seccombe Lake Park Revitalization -35- 00 72 00 – GENERAL CONDITIONS C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when Packet Page. 825
Seccombe Lake Park Revitalization -36- 00 72 00 – GENERAL CONDITIONS prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City.

D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to Packet Page. 826
Seccombe Lake Park Revitalization -37- 00 72 00 – GENERAL CONDITIONS bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted.

Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control
A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.

Contractor agrees to report each violation to the USDA and the appropriate EPA Regional Office.

B. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

C. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for Packet Page. 827
Seccombe Lake Park Revitalization -38- 00 72 00 – GENERAL CONDITIONS whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. § 1251-1387 et seq.); the California PorterCologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof. Contractor agrees to report each violation to the USDA and the appropriate EPA Regional Office.

C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and Packet Page. 828
Seccombe Lake Park Revitalization -39- 00 72 00 – GENERAL CONDITIONS monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee.

Contractor shall include all costs of compliance with specified requirements in the Contract Price.

E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.

G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and Packet Page. 829
Seccombe Lake Park Revitalization -40- 00 72 00 – GENERAL CONDITIONS regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to noncompliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove Packet Page. 830
Seccombe Lake Park Revitalization -41- 00 72 00 – GENERAL CONDITIONS any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Inspector’s Field Office.

A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed.

B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

Packet Page. 831
Seccombe Lake Park Revitalization -42- 00 72 00 – GENERAL CONDITIONS

5.15 Contractor’s Supervision.

A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.16 Workers.

A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

5.17 Independent Contractors.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

5.18 Verification of Employment Eligibility.

A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

5.19 Labor.

A. Hours of Work

1. Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C 3701-3708) for all mechanics and laborers employed by the Contractor or subcontractor in the performance of any part of the work under the Contract Documents.

Packet Page. 832
Seccombe Lake Park Revitalization -43- 00 72 00 – GENERAL CONDITIONS (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the 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 he or she is employed on such work to work in excess of forty 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 forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section 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 paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this Section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the 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 Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

2. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (i) through (iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i) through (iv) of this Section. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

Packet Page. 833
Seccombe Lake Park Revitalization -44- 00 72 00 – GENERAL CONDITIONS

4. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

5. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

6. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

7. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance

1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, 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 them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not Packet Page. 834
Seccombe Lake Park Revitalization -45- 00 72 00 – GENERAL CONDITIONS apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City 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, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages

1. Prime construction contracts in excess of $2,000 must comply with the DavisBacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Packet Page. 835
Seccombe Lake Park Revitalization -46- 00 72 00 – GENERAL CONDITIONS Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

In accordance with the statute, Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor is required to pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor will be placed in the solicitation by the City. The decision to award a contract or subcontract is conditioned upon the acceptance of the wage determination. The City will report all suspected or reported violations to the Federal Awarding Agency.

Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City will report all suspected or reported violations to the Federal Awarding Agency.

2. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

3. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate 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 the Contractor.

Packet Page. 836
Seccombe Lake Park Revitalization -47- 00 72 00 – GENERAL CONDITIONS

4. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration

1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR.

Contractor shall maintain a current registration for the duration of the Project.

Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices

1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity

1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, gender identity, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, gender identity, or any other classifications protected by law. 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 selection for training, including apprenticeship. The Contractor agrees to post in Packet Page. 837
Seccombe Lake Park Revitalization -48- 00 72 00 – GENERAL CONDITIONS conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Contractor will, 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.

The Contractor will 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 provision shall 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.

The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Contractor will include these provisions in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued Packet Page. 838
Seccombe Lake Park Revitalization -49- 00 72 00 – GENERAL CONDITIONS pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. CONTRACTOR shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.

CONTRACTOR shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22).

G. Debarment of Contractors and Subcontractors

1. By executing this contract, Contractor certifies that is it not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded, or determined eligible by any Federal agency within the past three (3) years; and does not have a proposed debarment pending in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR 1986 Comp., p. 189) and 12689 (3 CFR 1989 Comp., p. 235), “Debarment and Suspension.” Contractor shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision.

2. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project Packet Page. 839
Seccombe Lake Park Revitalization -50- 00 72 00 – GENERAL CONDITIONS shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.20 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:

Packet Page. 840
Seccombe Lake Park Revitalization -51- 00 72 00 – GENERAL CONDITIONS a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time Packet Page. 841
Seccombe Lake Park Revitalization -52- 00 72 00 – GENERAL CONDITIONS calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.23 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include Packet Page. 842
Seccombe Lake Park Revitalization -53- 00 72 00 – GENERAL CONDITIONS drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.24 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as Packet Page. 843
Seccombe Lake Park Revitalization -54- 00 72 00 – GENERAL CONDITIONS necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any Packet Page. 844
Seccombe Lake Park Revitalization -55- 00 72 00 – GENERAL CONDITIONS damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.27 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-ofentry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.28 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

Packet Page. 845
Seccombe Lake Park Revitalization -56- 00 72 00 – GENERAL CONDITIONS

5.29 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials.

Packet Page. 846
Seccombe Lake Park Revitalization -57- 00 72 00 – GENERAL CONDITIONS

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 - MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional Packet Page. 847
Seccombe Lake Park Revitalization -58- 00 72 00 – GENERAL CONDITIONS interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. Contractor agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of this contract and will enact a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all subcontracts and purchase orders.

C. Contractor shall comply with 2 CFR part 200.323. Contractor shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. Contractor certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.

For contracts over $100,000 in total value, Contractor shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to City upon request.

D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

E. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable Packet Page. 848
Seccombe Lake Park Revitalization -59- 00 72 00 – GENERAL CONDITIONS for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange Packet Page. 849
Seccombe Lake Park Revitalization -60- 00 72 00 – GENERAL CONDITIONS for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

Packet Page. 850
Seccombe Lake Park Revitalization -61- 00 72 00 – GENERAL CONDITIONS B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Packet Page. 851
Seccombe Lake Park Revitalization -62- 00 72 00 – GENERAL CONDITIONS Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 - SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if Packet Page. 852
Seccombe Lake Park Revitalization -63- 00 72 00 – GENERAL CONDITIONS such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article.

2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

Packet Page. 853
Seccombe Lake Park Revitalization -64- 00 72 00 – GENERAL CONDITIONS

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or Packet Page. 854
Seccombe Lake Park Revitalization -65- 00 72 00 – GENERAL CONDITIONS hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, Packet Page. 855
Seccombe Lake Park Revitalization -66- 00 72 00 – GENERAL CONDITIONS California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 - PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

Packet Page. 856
Seccombe Lake Park Revitalization -67- 00 72 00 – GENERAL CONDITIONS

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

Packet Page. 857
Seccombe Lake Park Revitalization -68- 00 72 00 – GENERAL CONDITIONS F. Recovery Schedule.

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time Packet Page. 858
Seccombe Lake Park Revitalization -69- 00 72 00 – GENERAL CONDITIONS specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

E. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

F. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be Packet Page. 859
Seccombe Lake Park Revitalization -70- 00 72 00 – GENERAL CONDITIONS liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

G. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Packet Page. 860
Seccombe Lake Park Revitalization -71- 00 72 00 – GENERAL CONDITIONS Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice;
b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;
c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the Packet Page. 861
Seccombe Lake Park Revitalization -72- 00 72 00 – GENERAL CONDITIONS City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date Packet Page. 862
Seccombe Lake Park Revitalization -73- 00 72 00 – GENERAL CONDITIONS of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Packet Page. 863
Seccombe Lake Park Revitalization -74- 00 72 00 – GENERAL CONDITIONS Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City Packet Page. 864
Seccombe Lake Park Revitalization -75- 00 72 00 – GENERAL CONDITIONS for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work

1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of Packet Page. 865
Seccombe Lake Park Revitalization -76- 00 72 00 – GENERAL CONDITIONS them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work.

J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 - CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures

1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a Packet Page. 866
Seccombe Lake Park Revitalization -77- 00 72 00 – GENERAL CONDITIONS work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
Packet Page. 867
Seccombe Lake Park Revitalization -78- 00 72 00 – GENERAL CONDITIONS e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Packet Page. 868
Seccombe Lake Park Revitalization -79- 00 72 00 – GENERAL CONDITIONS Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.

3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

Packet Page. 869
Seccombe Lake Park Revitalization -80- 00 72 00 – GENERAL CONDITIONS

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

Packet Page. 870
Seccombe Lake Park Revitalization -81- 00 72 00 – GENERAL CONDITIONS (ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up.

Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subsubcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.

Packet Page. 871
Seccombe Lake Park Revitalization -82- 00 72 00 – GENERAL CONDITIONS e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
Packet Page. 872
Seccombe Lake Park Revitalization -83- 00 72 00 – GENERAL CONDITIONS (vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

9.2 Procedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to Packet Page. 873
Seccombe Lake Park Revitalization -84- 00 72 00 – GENERAL CONDITIONS resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

D. Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
Packet Page. 874
Seccombe Lake Park Revitalization -85- 00 72 00 – GENERAL CONDITIONS e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an Packet Page. 875
Seccombe Lake Park Revitalization -86- 00 72 00 – GENERAL CONDITIONS undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

Packet Page. 876
Seccombe Lake Park Revitalization -87- 00 72 00 – GENERAL CONDITIONS

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

J. Government Code Claim Procedures.

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.

Packet Page. 877
Seccombe Lake Park Revitalization -88- 00 72 00 – GENERAL CONDITIONS ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work.

1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

Packet Page. 878
Seccombe Lake Park Revitalization -89- 00 72 00 – GENERAL CONDITIONS

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below.

The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the Count for claims against Contractor.

7. Failure of Contractor to keep the Record Drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

Packet Page. 879
Seccombe Lake Park Revitalization -90- 00 72 00 – GENERAL CONDITIONS D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.

B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.

C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and Packet Page. 880
Seccombe Lake Park Revitalization -91- 00 72 00 – GENERAL CONDITIONS for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.

D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 - MISCELLANEOUS

11.1 Patents.

A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.

B. Contractor shall comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by the Treasury.

11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

Packet Page. 881
Seccombe Lake Park Revitalization -92- 00 72 00 – GENERAL CONDITIONS B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.

The City is entitled to recover reasonable costs incurred in providing such notification.

11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

Packet Page. 882
Seccombe Lake Park Revitalization -93- 00 72 00 – GENERAL CONDITIONS

11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

Packet Page. 883
Seccombe Lake Park Revitalization -94- 00 72 00 – GENERAL CONDITIONS

11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.

B. Contractor shall comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM

ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at
https://www.ecfr.gov/cgi-inltext¬idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

Contractor shall comply with all federal, State and other funding source requirements. Contractor shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by City.

C. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

Packet Page. 884
Seccombe Lake Park Revitalization -95- 00 72 00 – GENERAL CONDITIONS D. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

E. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

F. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder

11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature ARTICLE 12 -– FLEET COMPLIANCE

12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Packet Page. 885
Seccombe Lake Park Revitalization -96- 00 72 00 – GENERAL CONDITIONS ARTICLE 13 -– FEDERAL PROVISIONS.

13.1 Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

13.2 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

13.3 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

13.4 Treasury Compliance and Reporting Guidance for the Act;

13.5 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

13.6 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

13.7 Federal contract provisions attached hereto as Exhibit “A” and incorporated herein by reference.

13.8 Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

Packet Page. 886
Seccombe Lake Park Revitalization 97 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A. 160 E 5th St, San Bernardino, CA 92415
Packet Page. 887
Seccombe Lake Park Revitalization 98 00 73 13 - SPECIAL CONDITIONS

1.2 Scope of Work.

A. The Scope of Work consists of in general of demolition, construction, and installation of grading, drainage, parking lot, building, playground, basketball court, landscape, and other park improvements.

END OF SPECIAL CONDITIONS
Packet Page. 888
Seccombe Lake Park Revitalization 99 SPECIFICATIONS

SPECIFICATIONS AND REPORTS
"THE FOLLOWING SPECIFICATIONS AND REPORTS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. Island Bridge Structural Observation Findings, Inspection Date: December 5, 2022.

2. Specification For City of San Bernardino Parks Improvement Plan for Seccombe Lake Recreation Area – August 14, 2024

3. Technical Specifications for Seccombe Lake Recreation Area Packet Page. 889
Seccombe Lake Park Revitalization 100 PLANS AND DRAWINGS

PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. Park Improvement Plans – Seccombe Lake Recreation Area a. Demolition, Renovation
b. Electrical
c. Grading
d. Landscape
Packet Page. 890
Seccombe Lake Park Revitalization 101 PROJECT SIGN

PROJECT SIGN
Packet Page. 891
Seccombe Lake Park Revitalization 102 PROJECT SIGN

CITY OF SAN BERNARDINO
Building a Better San Bernardino
Seccombe Lake Park Revitalization, PR22-005
Estimated Completion: TBD
Funding Provided By: