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AG
REEMENT FOR SERVICES
T
his Agreement is made on September 1, 2026, by and between InfoSend, Inc. (InfoSend), a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
W
HEREAS, City desires to obtain Data Processing, Printing and Mailing Services from InfoSend; W
HEREAS, on June 25, 2025 City of Compton entered into a Master Service Agreement with InfoSend (“City of Compton Contract”) pursuant to the Request for Proposal entitled Request for Proposal (RFP) 2025 – Water Utility Bill Production, Printing and Mailing Services (“City of Compton RFP”) and corresponding proposal by InfoSend (“City of Compton Proposal”) for a three (3)-year period with an optional renewal for two (2) additional years; W
HEREAS, the Compton Contract expressly provides for cooperative purchasing by other governmental agencies through Section 12.8, "Cooperative Agreement ('Piggyback')" provision; W
HEREAS, pursuant to City of Santa Maria’s procurement policy, City is authorized to utilize cooperative bidding contracting to utilize contracts awarded by other public agencies for the same or similar services;
W
HEREAS, City of Santa Maria has evaluated the City of Compton RFP, the City of Compton Proposal, and the City of Compton Contract and desires to retain InfoSend utilizing the terms and pricing offered therein to obtain the products and services it requires; W
HEREAS, InfoSend agrees to provide City with the products and services it requires; W
HEREAS, the Parties wish to incorporate and supplement certain terms and conditions set forth in the City of Compton Contract with certain terms and requirements set forth herein; and NO
W, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2. 01. Term and Termination. The term of this contract is for a three-year period beginning on the date first written above. This contract may be extended for two years by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing Data Processing, Printing and Mailing services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Pricing is listed in Exhibit A, and payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. C ontractor’s Obligations.
3. 01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor: InfoSend, Inc.
Attn. Attn: President
110 East Cook Street 4240 E. La Palma Ave.
Santa Maria, CA 93454 Anaheim, CA 92807
I
f the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
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4. 04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
CONTRACTOR CITY OF SANTA MARIA
___
________________ ____________________
By: By:
APPROVED AS TO FORM:
___
___________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
InfoSend Fee Schedule
Section 1. Price Escalations to InfoSend Fees
InfoSend reserves the right to increase InfoSend Fees no more than for U.S. CPI-U, on an annual basis starting with the first anniversary of the Effective Date to account for increases in the cost of materials, labor, and other overhead. The City will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless other terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement.
Additionally, if City uses DPPM Services, InfoSend reserves the right to increase paper, form, and envelope fees as needed, with thirty (30) days’ written notice to City, in the event of extraordinary increases to the cost of paper.
InfoSend pricing is predicated on City representations of City and City User transactional usage.
Should City’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what City has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this situation arise then InfoSend will notify City immediately and negotiate with City in good faith to pass on any increased costs to City, in accordance with actual City and City User transactional usage. Should InfoSend and City fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred and eighty (180) days’ notice.
Section 2. City Representations
City Volume Representations
Annual Stats, average:
Record Count – 102
Total Page Count – 299,240
Total Mail Piece Count: 285,771 (23,800 Monthly)
Section 3. DPPM Fees:
Data Processing, Document Composition, Printing and Mailing Service Data Processing/QC/Mail Prep Service – all job codes
$0.0665
Printing Fee per page with variable color up to 4/1 – all job codes $0.0327 USPS Postage Pass-through
A postage deposit will be required prior to starting service.
Print Color Options (colors per side) * $0.045 for up to 4/4 printing Inline Insert Print Fee* $0.0681 Black printing
$0.0781 Color printing
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Excess Pages Handwork Surcharge (per mail piece) $0.35
Address Updates – per “hit” (address that gets updated) $0.30 NCOA $0.30 ACS
*Prices assume normal ink/toner coverage for business documents. Flood coating the entire page in color or other types of extremely high coverage designs may cost more or not be technically feasible. Extremely high coverage designs can cause content to bleed through to the other side of the page or to cause the page to curl too much to work properly with high-speed mail inserting equipment.
The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to Client average mailing volume or changes to USPS postage rates with at least thirty (30) days’ written notice to Client.
Materials
Standard 8.5” x 11” Paper Stock (per sheet) $0.0158
Standard Double Window Outgoing #10 Envelope $0.025
Red/Blue Bar Reply Envelope $0.022
Outgoing Flat Envelope – used for mail pieces with excess pages $0.1791
Insert Services
InfoSend Produced Quoted based on specification
Envelope Messaging (Snipes) Quoted based on specification Electronic Inserts, per insert $0.01
Inserting Fee, per insert
Fee to insert an InfoSend produced or Client provided marketing or informational insert.
Client provided (drop-shipped) inserts must be professionally packaged and ready for usage. If folding is required then additional fees apply based on folding requirements.
Minimum fee is $0.01 per insert for folding. If inserts are not professionally packaged and damaged in shipment or require additional labor to prepare for inserting then additional fees can apply.
Per item fee assumes the insert will be included in all mail pieces. Selective inserting is available but requirements must be reviewed on a case by case basis to determine if additional fees will apply for setup and handling.
$0.01
Optional Document Services
Enhanced Print Quality $0.02
Print Image Archiving (Per Document Image), with included USPS mail tracking $0.0151 - For 12 Months of Retention $0.01221 - For 18 Months of Retention
$0.0271- For 24 Months of Retention
$0.0321 - For 36 Months of Retention
Final Doc Transfer (FDT)
Option 1: $0.015 per document. One PDF will be
provided per batch with multiple documents in it.
InfoSend standard batch file format provides account
and page numbers for each record in the batch.
Option 2: $0.025 per document. Each document will be
provided in a separate PDF file. A custom batch file
format can be provided if the InfoSend standard format
will not work.
Professional Services Rate (per hour) $245.00
Returned Mail Handling $0.35 per reported returned mail piece
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Remit Tracking $50 monthly support fee
DSI Surcharge (monthly) $50.00
Section 3.1. Custom Forms/Envelopes
If City has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom City-specific materials (either in this Agreement or since its execution), then City understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per -unit cost. City agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if City stops using InfoSend’s Service for any reason. City agrees to purchase the remaining supply of custom forms/envelopes upon City’s request to change the custom forms/envelopes before the supply has been depleted.
Section 3.2. USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The City will be invoiced the amount of excess for overweight and foreign mail.
Section 3.3. Postage Deposit
InfoSend purchases the postage needed to mail City documents on the day of mailing. The postage charges are later invoiced to City based on the City ’s payment terms. InfoSend requires City to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination City must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid.
The postage deposit amount is calculated by multiplying the estimated number of mail pieces per month by the current 5 -Digit pre- sorted first class postage rate. The postage deposit amount due for your account is:
23,800 mail pieces per month x $0.621 x 2 = $29,559.60
The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to City average mailing volume or changes to USPS postage rates with at least thirty (30) days’ written notice to City .
Section 4. eBusiness Service Fees:
Not applicable.
Section 5. City Go-Live and Fees
I Not applicable.
Section 6. Implementation Project Cost Subsidization:
I Not applicable.
Section 7. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) month s no more than for U.S. CPI -U to account for increases to the cost of providing these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The City will be notified, in wr iting, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed.
Section 7.1 Definition of Professional Services
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in this Agreement and the technical services required to make changes to these Primary Services after the initial setup is
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complete. Once any Primary Service is live and operational Professional Services will not be required unless City requests a change or makes changes to its data file format or business rules which necessitates a change to InfoSend’s system configuration or programming. Examples of InfoSend Professional Services:
• Project requirements gathering and analysis hours
• Project management and/or consulting hours
• Software development and system configuration hours related to the processing of City ’s data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours
Section 7.2 Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $ 245.00 per hour. In the event that a project will incur billable Professional Services hours, City will be informed before work begins. InfoSend and City will execute a Statement of Work for the project that City wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if City accepts and executes a Programming Quote for this work.
Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods:
• Fixed Quote – a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. City understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require City to pay for these changes on a Time and Materials basis. City will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place.
• Time and Materials Quote – should it not be possible to provide a fixed quote due to the nature of a City’s requested project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and City will be invoiced weekly for the hours spent on the project.
Section 8. Initial Setup Cost: InfoSend Primary Services Not applicable.
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EXHIBIT B
PAYMENT
I. Fee Schedule
InfoSend’s Fee Schedule and pricing is listed in Exhibit A to this agreement.
II. Invoice procedure.
A. Payment shall be monthly based on the billable charges.
B. The Contractor shall present the bill for charges from the previous month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.
E. Undisputed invoice amounts are due within thirty (30) days after the City receives a complete and accurate invoice. The City may withhold the portion reasonably disputed and shall notify Contractor in writing of the basis for the dispute within fifteen (15) days following receipt. The parties shall work in good faith to resolve the dispute promptly. The City shall timely pay all undisputed amounts.
III. Rates shall be billed according to Contractor ’s attached fee schedule, up to the not- to-exceed amount. Work Authorized by Change Order/Amendment shall be billed on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.
IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
The policy
shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return- receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b . Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c . If coverage is canceled or non- renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure Attachment B
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to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation t
o provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. S
pecial Risks or Circumstances
T
he City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT D
PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF
CONSTRUCTION, AND INSTALLATIONS
The terms of this Exhibit apply to all Public Works projects for over $1,000.
For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The CONTRACTOR and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:
1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post- construction phases of construction, including but not limited to all cleanup work at the jobsite.
1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The CONTRACTOR and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.
1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate Attachment B
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shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.
The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. C
ompliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment B
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directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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