TEHACHAPI POLICE DEPARTMENT
COMMUNITY ROOM
220 WEST C STREET
AGENDA
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 5, 2022 - 6:00 P.M.
Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation. A copy of any writing that is a public record relating to an open session of this meeting is available at City Hall, 115 South Robinson Street, Tehachapi, California.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (661) 822-2200.
CALL TO ORDER
ROLL CALL
INVOCATION
Participation in the invocation is strictly voluntary. Each City Councilmember, city employee, and each person in attendance may participate or not participate as he or she chooses.
PLEDGE TO FLAG
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT
All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff.
Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 5, 2022 - 6:00 P.M. - PG. 2
than 12:00 p.m. on the Monday preceding the Council meeting; otherwise response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
1. Public comment
CITY CLERK REPORTS
ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ
BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 54-22
Tehachapi City Council Unassigned Ord. No. 22-06-771
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-22 Tehachapi Public Financing Authority Unassigned Res. No. 01-22 * 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on November 21, 2022 – APPROVE AND FILE
3. Tehachapi Valley Recreation and Parks District (TVRPD) appointment – DIRECT STAFF TO ADVERTISE
FOR THE APPOINTMENT OF ONE BOARD MEMBER FOR THE TEHACHAPI VALLEY RECREATION AND PARKS DISTRICT (TVRPD) WITH A TERM TO EXPIRE ON FEBRUARY 2, 2026
FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for November 16, 2022 through November 29, 2022 - AUTHORIZE
PAYMENTS
5. Disbursements and bills for RSI Petroleum for November 16, 2022 through November 29, 2022 –
AUTHORIZE PAYMENTS
ASSISTANT CITY MANAGER REPORTS
6. Tehachapi Mountain Rodeo Association lease amendment – APPROVE THE LEASE AMENDMENT
BETWEEN THE CITY OF TEHACHAPI AND THE TEHACHAPI MOUNTAIN RODEO ASSOCIATION AND
AUTHORIZE THE MAYOR TO SIGN
PUBLIC WORKS DIRECTOR REPORTS
7. Wastewater Municipal Farm Lease – APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND TEHACHAPI FARMING AND RANCHING CO. FOR 81 ACRES OF MUNICIPAL
FARMLAND AND AUTHORIZE THE CITY MANAGER TO SIGN
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 5, 2022 - 6:00 P.M. - PG. 3
8. Tehachapi Event Center and Rodeo Grounds Grandstand Retrofit Project – AWARD THE TEHACHAPI
EVENT CENTER AND RODEO GROUNDS GRANDSTAND RETROFIT PROJECT TO MERJIL STEEL FABRICATION, INC. IN THE AMOUNT OF $78,600 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT OR $7,860.
DEVELOPMENT SERVICES DIRECTOR REPORTS
9. Enhanced Striping Project – Bid Award – AWARD THE ENHANCED STRIPING PROJECT TO SUPERIOR PAVEMENT MARKINGS IN THE AMOUNT OF $186,049.90 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT (OR $18,605)
10. Agreement for Community Development Activity – Northside Neighborhood Improvements Phase III CD #20.21.1 – APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND THE COUNTY OF
KERN FOR COMMUNITY DEVELOPMENT ACTIVITY FOR THE NORTHSIDE NEIGHBORHOOD IMPROVEMENTS PROJECT PHASE III CD #20.21.1 AND AUTHORIZE THE MAYOR TO SIGN
11. Program Supplement Agreement to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 09-5184F15, Project No. STPL-5184 (042) and resolution for the Valley Boulevard Road Rehabilitation Project – ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
EXECUTE PROGRAM SUPPLEMENT AGREEMENT TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 09-5184F15, PROJECT NO. STPL-5184 (042)
CITY MANAGER REPORTS
12. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. Closed session minutes of November 21, 2022 – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
ADJOURNMENT
TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET
MINUTES
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, NOVEMBER 21, 2022 – 6:00 P.M.
NOTE: Wi, Sm, Da, Po and Sc are abbreviations for Council Members Wiggins, Smith, Davies, Pogon-Cord and Scrivner, respectively. For example, Wi/Smdenotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.
ACTION TAKEN
CALL TO ORDER
Meeting called to order by Mayor Smith at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Smith, Mayor Pro Tem Davies, Councilmember Pogon-Cord, Councilmember Scrivner and Councilmember Wiggins
Absent: None
INVOCATION
Led by Councilmember Wiggins
PLEDGE TO THE FLAG
Led by Councilmember Pogon-Cord
CONSENT AGENDA Approved
Da/Po Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
1. Public comment
CITY CLERK REPORTS
* 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on November 7, 2022 – APPROVED AND FILED Approved And Filed
Da/Po Ayes All
Tehachapi City Council Regular Meeting – November 21, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN * 3. Disposition of Property – ADOPTED RESOLUTION NO. 53-22 AUTHORIZING THE
DEPOSITION OF CITY OWNED PROPERTY
Adopted Resolution No. 53-22
Authorizing The Deposition Of
City Owned Property
Da/Po Ayes All
FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for November 3, 2022 through November 15, 2022 -
AUTHORIZED PAYMENTS
Authorized Payments
Da/Po Ayes All
5. Disbursements and bills for RSI Petroleum for November 3, 2022 through November 15, 2022 – AUTHORIZED PAYMENTS
Councilmember Davies Recused
Himself Due To A Potential
Conflict Of Interest. He Is An
Employee Of RSI Petroleum.
Authorized Payments
Sc/Po Motion Carried
Abd Da
* 6. City of Tehachapi Investment Report through October 2022 – RECEIVED REPORT
DEVELOPMENT SERVICES DIRECTOR REPORTS
7. Cherry Lane Water Main Replacement Project – Notice of Completion – PUBLIC WORKS DIRECTOR DON MARSH GAVE STAFF REPORT; APPROVED THE NOTICE
OF COMPLETION FOR THE CHERRY LANE WATER MAIN REPLACEMENT
PROJECT AND DIRECTED STAFF TO RECORD SAME
Approved The Notice Of
Completion For The Cherry Lane
Water Main Replacement Project
And Directed Staff To Record
Same
Wi/Sc Ayes All
CITY MANAGER REPORTS
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed session minutes of November 7, 2022 – APPROVED AND FILED Approved And Filed Sc/Wi Ayes All
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of section 54956.9: Claim by James Clegg, GAL, for Ava Clegg, a minor
Reject Claim Made On Behalf Of
Ava Clegg
Wi/Sc Ayes All
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
No Reportable Action
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
No Reportable Action
Tehachapi City Council Regular Meeting – November 21, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
ADJOURNMENT
The City Council/Boards adjourned at 6:13 p.m. to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Monday, December 5, 2022 at 6:00 pm.
Adjourned At 6:13 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 5th day
Of December 2022.
___________________________
PHILIP A. SMITH
Mayor, City of Tehachapi, California
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER 5,2022 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY MANAG
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: NOVEMBER30,2022
SUBJECT: TEHACHAPMLLEY RECREATION & PARKS DISTRICT APPOINTMENT
BACKGROUND
Due to the expiration of term of Board Member Sandy Chavez on February 2, 2023, the Tehachapi City Council will need to consider appointing one member to the Tehachapi Valley Recreation & Parks District.
RECOMMENDATION
DIRECT STAFF TO ADVERTISE FOR THE APPOINTMENT OF ONE BOARD MEMBER FOR THE TEHACHAP! VALLEY RECREATION & PARKS DISTRICTWITH ATERM TO EXPIRE ON FEBRUARY 2,2026.
Accounts Payable
Checks by Date - Detail by Vendor Number
User: afr€scas
Printed: ll/29/2022 4:49PM
CITY OF
Check No Verdor No
Invoice No
Vendor Name
Description
aE-/
TEHACHAPI
CALIFORNIA
Check Dete
Referenc€
Ch€ckAmount
ACH 0017
652281
652281-A
652281-B
American Business Machines
PWCanon Copi€r Oct l5-Nov 14 2022
Wtr/Canon Copier Oct 1s-Nov 14 2022
Swr/Canon Copier Oct ls-Nov 14 2022
E.04
20.07 20.o7
Total for lhis ACH Check for Vendor 00 | 7:
Total for Vendor 001? (American Business Machines):
BSKAssociates
Wti/Curry Site Weekly Nifate
Wtr/Weekly Bacti Samples
Wh/Curry Site Weekly Nitrate Samples
Wtr/Drinking Water Samples
Wtr/Curry Sit€ Weckly Nihate Samples
Wtr/Drinking Wat€r Samples
Wtr/Curry Site Weekly Nitrate Samples
WtrlDrinting Wat€r Samples
Total for this ACH Check for Vendor 0061:
Total for Vendor 006 I (BSK Associates):
Angela C. Copus
Calperla Annual CorfercnceA{eals & IE
Tolal for this ACH Check for Vendor 0094:
Total for V€ndor 0094 (Angela C. Copus):
State of Califomia Departm€nt ofJustico
PD/Livescam/Oct 2022
Total for this ACH Check foi Vendor 0127:
Total for Vendor 0l2T (State of Califomia Departrnent of Justice):
Mission Linen & Uniform Service
PWLinen Mainienabce
Swr/WWT? Mats
PWLinen Maintenance
SWTAMWTP Mats
Pwsafety Gloves
PWLinen Maintenance
SwrAlatrr'TP Mats
48.18 ACH 0061
AF28705
AF2870'l
AF28890
AF2889l
4F29326
AJ29628
AF299ls
AF30342
48.18 4l.50
9l.00
22.00 70.00
41.50 91.00
41.50 91.00
489.50
0094
cc[222022
85.00 325.00
ACH 0127
617478
ACH 0300
518146894
518146895
518192164
518192165
518204545
518233517
518233518
325.00
325.00
157.68
21.14 160.33
21.14 428.83
155.20
21.14 AP Checks by Date - Detail by Vendor Nuorber (l I12912022 4t49 PM) Page I Check No Vendor No
Invoice No
Vendor Nrme Check Date
Reference
CheckAmount
ACH 03',12
11102022
t\162022
lL172022
1|72022,4
r[72022-9
11t 72022-C
11t92022
11t92022-A
11192022-B
11192022-C
tt192022-D
ACH 0395
tl162022.
rr162022-A
|162022-B
11162022-C
11t62022-D
Total for this ACH Check for Vendor 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
Southem Califomia Edison
Wtr/8004425233/NW CorAnita-Dennison/Oct 6
strrs/8003 I 35063/800 s curry st #A/ocr I ?-No.
PW8001026848/10l CommercialWay/Oct l8-l
CC/80033546521 l5 S Robinson S/Ocr l8-Nov
DSD/8003367862/I 17 S Robinson St/Oct l8-No
Air/8001037981/409 Bryan Ct/Oct l8-Nov l6 2l
Strts/8000778639/ l668 T€hachapi Blvd A/Ocr 2l
Strts/8t)03489234/500 Tucker/Oct 4-Nov 2 2022
Strts/80007?943 I /1668 Tehachapi Blvd B/Oct 2t
Strts/80024?53 8 I /2069 E Tehachspi Blvd B/Oct
Stfls/8002489094/2069 E Tehachapi Blvd A/oct
Total for lhis ACH Check for Vendor 0372:
Total for Vendor 0372 (Southem Califomia Edison):
The Gas Company
Visitor Center #105-616-6446-6/Oct l3-Nov 14
Airport #010-916-9998-l/Oct l3-Nov 14 2022
City Hall #065-517-0400-7/Oct 13-Nov 14 2022
Annex #00E-817-0200-5/Oct l3-Nov 14 2022
Polic€ Dept #l2E-516-9602-6loct l3-Nov 14 20
Total forthisACH Check for Vendor 0395:
Total for Vendor 0395 (The Gas Company):
Sparkletts
Swr/Hot-Cold Water Dispenser Rental/Oct 2022
PWHot-Cold Wat€r Dispenser R€nral/Oct 2022
Wtr/Hot-Cold Wat€r Dispenser R€ntal/Oct 2022
Total for this ACH Check for Vendor 0399:
Total for Vendor 0399 (Sparkletts):
Vulcan Materials Company
Wtr^fiater Service Patching
Wtr^fl'at€r Service-Patch Back
Total for lhis ACH Check for Vendor 044 I :
Total for Vendor 044l (Vulcan Materials Company):
USABluebook
Swr/t-ab Supplies
Wtr/Eye Wash Shower
986.26
5,168.25
69.'7E
62.93 |,290.33
313.48
2t1.33
65.95 6.67
t6.'76
25.39 58.93
7,295.aO
7,295.80
23.t0
28.60 151.48
295.93
842.56
|,341.61
ACH 0399
4365tt0 l10122
4365880 I10122A
4365E80 1t0l22B
M4l
73458322
73462289
|,341.67
40.19 40.20
40.19 ACH
120.58
599.87
492.97
|,092.84
ACH 0450
l6|L16
164601
1,092.u
281.18
881.42
AP Checks by Date - Detail by Vendor Nurnber ( 11/2912022 4:49 PM) PaEe 2 Check No Vendor No Vendor Nrme Check Date CheckAmount
Total for lhis ACH Check fot Vendor 0450:
Totsl for Vendor 0450 (USA Bluebook):
WITTS Everything for the Office
Pw/offic€ Supplies
Swr/Office Supplies
Wt/Office Supplies
GG/Cards
Total for this ACH Check for Vcndor 0476:
Total for Vendor M76 (WITTS Everything for the Office):
Kem Machinery
PW,F-200 Valve Stem
PW,tr-200 Valve Stem
Total for this ACH Check for Vendor 0560:
Total for Vendor 0560 (Kern Machinery):
Jim Burke Ford
PWTE-3? Bumpers/Parts
Tot l for this ACH Check for Vendor 0745:
Total for Vendor 0745 (Jim Burke Ford):
|,162.60
ACH 0476
30639E
30639E-A
306398-B
306631
|,162.60
69.91 69.90
69.91 t0.29
220.01
ACH
ACH
ACH
0560
101-1004879
101-1006042
o't45
l5029EE
0817
100500098
220.O1
12.97 39.00
51.91 ACH
51.97 4t7.tE
4t7.tt
Kimball Midwest
Pwlablets for Vehicles
4l?.18
99.5E
Total for this ACH Check fot Vendor 0E I 7:
Total for Vendor 08 I 7 (Kimball Midwes0:
Kem County Public Works Dept.
Dial A Rid€ - Total Operatiol Cost/Jul 2022
Dial A Ride - Less Farebox Revenue./Jul 2022
Dial A tudc - Total Operation Cost/Aug 2022
Dial A tude - Less Far€box Revenue./Aug 2022
Dial A tu& - Total Operation Cost/Sep 2022
Dial A tude - kss Fare Box Revenue./Sep 2022
DiaI A Ride - Total Operation Cosy'Oct 2022
DiaI A Ride - trss Farc Box Revenu€/Oct 2022
Total for this ACH Check for Vcndor 0842:
Total for Vendor 0842 (Ksm County Public Works DepL):
Ea.stem Kem County Air Pollution Contol
GG/EKAPCD Pelmits
99.58 0842
T19404
Tl940,l-A
T19405
Tt9405-A
T19406
T19406-A
Tt94D7
T19407-A
ACH 1229
APC122022
99.58 t2,985.76
-4t3.15
15,583.80
-515.10
12,882.t4
446.10
13,566.08
457.98
53,184.85
53,184.85
295.00
AP Checks by Date - Detail by Vetrdor Number (1112912022 4:49 PW Page 3 Check No Vendor No Vendor Nrme Check Drte
Rcference
CheckArtrount
Invoice No
APCIL22022-A
APClL22022-9
APCI t22022-C
APC1t22022-D
PWEKAPCD Permits
Wtr/EKAPCD Permits
SWr/EKAPCD Permib
Air/EKAPCD Permits
287.60
1,856.00
2,530.00
404.O0
Total for this ACH Check for Vendor 1229:
Toral for Vendor 1229 (Eastem Kem County Air Pollurion Control District):
M&M's Sports Unifomrs & Embroidery
GGruniforEs
Toral fo! this ACH Check for Vendor l2E6:
Total for Vendor 1286 (M&M's Sports Uniforms & Embroidery):
Depatunent of Transportation
Stltsignals & Ligbtsrrny-Sep 2022
Total for this ACH Ch€€k for Vcndor 1422:
Total for Vendor 1422 (Departrnent ofTransportation):
Grainger
PWIools for Facilities
PWTools for Faciliti€s
Total for this ACH Check for Vendor 1441:
Total for Vendor l44l (Grainger):
San Joaquin Safety Shoes
Safety Shoes/T Macias
Total for lhis ACH Check for Vendor 1506:
Total for Vendor I 506 (San Joaquin Safety Shoes):
Couuty of Kem Department ofAgriculture
Permit #MGP-9-200/R€tail Motor Fuel Meters
Tolal for this ACH Chcck for Vendor l?43:
(County ofKem Depaftnent ofAgriculfi[e & Measuremetrt Statrdards):
swRcB-DwocP
Wh/Dist Grade 2 Ccrtificat€/T Curry
Swr/OIT Application fo! WWTP/V Aguilar
Total for this ACH Chcck for Vcndor 1754:
Total for Vendor I 754 (SWRCB-DWOCP):
5,372.60
5,372.6D
ACH 1286
54366
586.53
586.53
3,616.87
ACH
ACH
ACH
t422
sL230106
t44l
9497169665
950t407473
1506
10G13274Er
1743
1142022
3,616.87
3,616.87
3r0.83
2t2.M
ACH
250.00
tM.40
144.40
Total for Vendor 1743
ACH 1754
TC|222022
vA-t172Q22
1u.40
60.00 125.00
185.00
AP Checks by Date - Detail by Vendor Nubb€r (l1,2912022 4:49 PW Pagc 4 Check No Vendor No
Invoice No
Vendor Nrme
Dcscription
Check Drte
Reference
CheckADount
ACH t9l2
22746
Bakenfield Well & Pump Company
Wtr/Wahlsfom Well ReDair
Total for this ACH Check for Vendor l9l 2:
Total for Vendor l912 (Bakenfield Well & Pump Company):
RST Cranes Irc.
Swr/Pond l3 Pump Removal
Total for lhis ACH Chcck for Vendor 1945:
Total for Vendor 1945 (RST Cranes loc.):
Tehachapi Lawn and Garden Equipment
Pwsafety Hdmet/T Bnrhl
Toral for this ACH Check for Vendor 1947:
Total for Vendor 1947 (Tehachapi Lawn and Garden Equipmetrt):
SSD Systerns
Remotc Programming F€€
Armex,/Alarm Sewices,/D€c 2022
Public Wor*s/Alarm Servic eslDec 2022
WtrTr€atmeDt/Alarm Se iceslDec2022
Swr TreatrnentAlarm ServiceeD@ 2022
Wtr Storage/Alann Servic6lDec 2022
Swt StorageJAlarm ServiceBlDef, 2022
RR Depot/Alarm ServicetlDec 2022
CIty HatYAla!trl Services/Dec 2022
Airport/Alam Svc/State-Cnty TaxlDec 2022
Police Dept/Alarm Svc/Stat€-Cnty Tax/D€c 202i
Total for this ACH Check for Vendor 1982:
Total for Vendor I 982 (SSD Systems):
DataPlose Inc.
ReflUtility Bills Printing
Wtrrutility Bills Prioting
Swrrutitty Bills Printing
Retutility Bills Postage
Wtrrutilig' Bills Postage
SwrAJtility Bills Postage
Total for this ACH Check for Vendor 2478:
Total for Vendor 2478 (DataProse Inc.):
Holliday Rock Co. Inc.
Strts/Anita Curb & Crutter
Strrs/Black Oak Sidewalk
72,330.0O
72,330.O0
ACH
't2330.00
740.00
1945
120t
ACH 1947
24274
740.00
75.M
ACH 1982
P-010049,10
R-00407343
R-00407343-A
R-00407343-B
R-00407343-C
R-00407343-D
R-00407343-E
R-00407343-F
R-0M07343-G
R-0M07343-H
R-0M07343-I
ACH 2478
DP2m4143
DP22n4143-A
DP2204743-B
DP22M743-C
DP22M743-D
DP22M743.E
ACH 2600
1466147
1468143
75.06 29.60
49.00 49.66
45.56 45.56
32.45 32.45
4437
45.00 69.99
2l l.5E
695.22
187.99
tE7.99
187.99
462.t3
462.t3
462.t3
I,950.36
1,950.36
916.99
676.80
AP Ch€cks by Date - Dctail by Vendot Number (11/29/2022 4:49 PNI) Page 5 Check No Vendor No
Invoice No
Vendor Nrme Check Drte
Reference
CheckAmount
Total for this ACH Check for Vendor 2600:
Total for Vendor 2600 (Holliday Rock Co. Inc.):
Home Depot Credit Servioes
PWRetum- Item for Facilities Shop
ED/Retum- Itern for Hometo*n Christmas
Wtr,Retum- Supplies for WAter L€ak Repair
Pwlrash Bags
Wtr/Water Leak Repair
Air/Keyless Entry Door
Pw/Tools
Pwcraftiti on Teh Blvd
Pw,/Facilities Shop
Swr/Spray Nozzles for Plants
LLD rrigation RQair
Pwnrrigation Repair
St15/Cub&GutterCSt.
LLDlTree Support
LLD/Tree Support
Shts/Sidewalk& Gutter - C St.
Stts/Light Oudets
PWCloths
S'*r/Tape Measure
Pwchristmas Decorations
Wtr/Tools V-33
PWTE-22 Tape
LLD/BeDch R€moval
PwFacilities Shop
PWGreen St Banicades
PWTools
PWTool Chest- Fleet Shop
PWTool Chest- Fleet Shop
Strts/Anita Curb & Gutter
Stds/Anira Curb & Guttei
PWClog Tool
PW rrigation Tools-Pick
PWAnigation Tools
PW nigation Tools
Sms/Curb&GutteiCSL
Strts/Anita Curb & Gutter
Wh/Sidewalk RsFair
PWTools
PWHook
Pwlrrigation Suppli€s
LlD/Irrigation Supplies
Pwlrrigation Suppli€s
LlD/Irrigation Repair
ED/Decomtions for Hornetown Christrnas
Wtr/Side!r'alk RQair
ED/Hometo*'n Christmas
Pwcbristrnas Trce D€coratioDs
LLD/Re-s€€d Auturnn HiUs
LLD/Bench Install - Alta
Pwlrrigation Ref'air F St.
PWTools - Concr€te
Wtr/Sidewalk ReFair
|,593.79
ACH 2695
A-5082806
B-5102245
c-l102785
D-8610266
E-9134500
F-9525411
G-9610181
H-813452'7
r-8514283
t-8514332
K-8525461
L-8525461
M-861027E
N-8610288
o-8610290
P-7610355
Q-7610355
R4514578
s-4525718
T-4610703
u4624802
v-3025442
w-3514662
x-3525804
xA-3610729
xAA-3610746
xB-3834199
xc-3915869
xD-2134955
xE-2514't24
xF-2525859
xG-l135M5
xH-t525908
xI-1525928
xJ- 1610889
xK-t624975
xL-1012523
xM-7110948
xlt-7110948
xo-7515109
xP-?5 r5 r09
xQ-7515109
xR-7515133
xs-7544769
xT-7611258
xu-7631651
xv-7631651
xx-6130285
xY-661l32l
xz-66113't4
y-6625325
YA-5012576
|,593.79
-22.66
-78.69
-22.t3
210.O4
95.82 155.01
t4.95
80.86 t55.64
31.48 10.70
l.t3
31.82 33.79
28.14 23.54
39.70 I1.78
1E.20
436.11
r3.91
\4.56
32.57 151.29
?0.68
38.43 1,821-l I
t,823.23
2a.07
29.73 6.41
30.01 26.00
8.50 7.80
137.05
8.86 46.M
2t.32
6.1I
24.60 19.I7
2t.41
293.88
111.83
81.12 249.41
14.98 108.32
1.82 10.69
17.89 AP Checks by Date - D€tail by Vendor Nurnber (1112912022 4:49 PM\ Page 6 Check No vendor No
Invoice No
Vendor Name
Description
Check D.te
Referenc€
CheckAmount
YB-5026021
YC-5300657
vD-55152't7
YE-55r5333
1'F-5520080
YG-5520128
YH-5520128
YI-5611464
YI-s625403
YK-4515362
vL-4515392
YM-4520182
\N-620043
YO-9083M3
\?-9130699
YQ-951579E
YR-9620076
YS-9620088
Y-t-8026487
YlJ-8102522
YV-851001I
YW-8520529
YX-8520529
YY-8612054
Y2-8620152
2-7026571
zA-7143309
zB-3030109
zc-3030109
zD-3131013
zE-3510/70
zF-3620476
zc-2st0490
zH-25t0493
zr-2520912
ZJ-2s20923
zK-t281460
zL-t5to6t9
zM-1521002
zN-1521002
zNN-1620552
zo-t620554
zP-1620568
zQ-I620568
zR-20231
zs-5t0654
zT -510654
Pw^taintenance Shop Oiganization
Wtr/Sidewalk R€pair
Stns/GFIC Light Poles
LlD/Inigation Repair
Pw/Shop
Wtr/Bags
Wtr/Glass Cl€aner
EDlDecorations - Homelow[ Cbristnas
Swr/Tools for Oil Change
LLD/Stakcs for Trees
PWAnnex Repair
Pw/Tools
PWTools
Wtr/Curry Tank C/2 Room
Pw,4nigation Ropair - Tehachapi Blvd
Pwlrrigation Re!'air - Tehachapi Blvd
ED/Hometown Christrnas Decorntions
PwPushbrooms
Pwlrigation T€h Blvd
Wtr/Curry Tank C/2 Room
Pw/StIap Wrench
Pwlrigation Repair Teh R€pair
Pwlrriganon Repair Teh Blvd
Pw,{rrigation Refair Teh Blvd
Pwsafety Mask
Pwluainternnce Shop Organization
Stttstreet Sign Removal
PwReparr Depot
PWR€pair Ann€x
Pw,{rrigation Repair - Teh Blvd
Pw,{rrigation Repaii - Teh Btvd
Pwlrrigation Repair - Teh Blvd
Pwlrrigation Repair - Teh Blvd
Pw,{nigation Repair - Teh Blvd
Pwlrrigation Rcpair - Teh Blvd
LlDIrrication Repair
PWTool Storage Rack
Pw,{rrigation Repair - Teh Blvd
Swr/Ilashlight
SwrruPS for Andr€f s Desk
Wtr^-eak Repair
Wtr/Leak Repair
Pw/T- I 29 Anchor
Wr/T-129 Strap
Strts/Anita Curb & Gutter Backfill
Pwlrrigation Repair - Teh Blvd
PWAnn€x Repair
Total for this ACH Check for Vendor 2695:
Total for Vendor 2695 (Home Depot Credit Services):
DE arhnent of Justice Accounting Office
Pw/Fingerprints/Emp Application
SwrlFingerpnnts/Emp Application
39E.77
26.84 380.42
1.33 25.24
35.36 11.84
458.56
27.09 16.23
55.26 17.13
150.46
49.E4
3.54 134.20
85.74 114.58
56.91 13.49
83.67 13.87
20.67 221.55
5.18 19.35
79.69 25.48
72.34 45.05
100.86
53.63 '7.49
10.l2
23434
5.39 32.O5
58.64 450.05
25.28 I1.23
tI.22
9.27 o.76
18.7'l
10,326.02
ACH 28'14
6t6247
6t6247-A
10,326.02
32.OO
32.00 AP Checks by Date - Debil by VeDdor Nurnber { ll/2912022 4t49PMl Total for this ACH Check for Vendor 2E74:
Check No Vendor No Vendor Name Check Date Check Amount
ACH 2940
AW-A-s156
AW-B-5906
AW-C-9186
AW-D-7938
AW-E-2836
AW-F-7248
AW-c-3E52
AW-H-7956
AWI-0880
AW-J-5527
AW-K-4205
AW-L- t 335
AW-M-6E7E
AW-N-0050
AW-O-8148
AW-P-9299
AW-Q-956r
AW-R-?746
AW-R-9329
cc-A-1851
cc-B-3467
cc-c-8723
cc-D-3604
cc-E-6691
cc-F-8415
cc-c-7785
cc-H-2033
cc-t-9292
cc-I-1070
cc-K-9525
cc-L-3156
cc-M-4801
GC-A-5495
GG-B-OM5
Ht-A-7442
HJ-B-8009
Ht-c-\177
HJ-D-555r
JR-B-1692
JR-C-1692
JS-A-7116
JS-B-0508
JS-C-3343
JS-D-7414
JS-E-1422
JS-F-0036
JS-G-0044
JS-H-1349
KK-A-1660
KK-B-9301
KK-C-9003
KK,D-s339
KK-E-5301
KK-F-8614
KK-C-2833
Total for Vendor 2874 (Department ofJustice Accounting office):
US Bank Corporate Payment System
Walgccns/Wall Photos
Costco/Coffee Supplies
UlineEmployee R€lations
Walgeen/Wall Photo
Amazon/Half & Half Creamer
Soundcloud,/Podcast
Zoonlstd I'ro Mondlly
N€w Law & Elections Seminar/T Marsh
DropBox^( Budge
Sidus XM
Albertsons/Plant for New Business-Mud Hut
Microsoft
Poscuys.corn/Receipt Prinler
Flight Light IncBlue Taxiway Light
Costco/Kitchen Supplies
QuickBooks/Employee Relatiotrs
Walgreens,^fall Photo
Adobe Acrobt
Amazon /Passport Supplies
Crestline/Mugs
Uber San Diego
Uber San Diego
Libsyn/IehachaPod
Homewood Suites San DiegoParking
Bosa Island San Diego/Parking
Adobe Creative Cloud
EventBiight/Tehachapi Chamber Luncheon
Wall Street Joumal
Adobe Stock
I 6th Annual 2022 K€m Cty Encrgy Summit
Mailchimp Mond y Billing
Kamenz Kafe/Coffee Wthe Mayor
Pilot Fuel
Jakes Steaklous€/Economic Dev Mtg w^4ojve I
Gov Tax Webinar-Zoom
CSMFO Conf Registration
CSMFO Conf Lodging
CMTA Membenhip 2022-23
QuickBooks-PSP Traiing/Kiser
Proforce-Lethal Weapon Trainhg/Ammo
PayPal/Tripepi Smith & Assoc
APA-Jobs Online
Big Papas/A Norton- D Marsh- J Noro (MKN)
ICC/2021 Complete 15 Collection
ICC/2022 CA Codes Title 24
Assoc of CA Conf€rence/J Schlosser
Assoc of CA Conf€.ence/G Garret
Big Papat Cahans Meeting
Amazon /Patrol Officc. Digital Cameras
Amazor/Sergent Camcorder/I-ock Box
Amzz on /Binder Tabs
Amaz on/Camcordei
Galls/Gas MasloDuty BeldAccessories
Amazon/Note Pads
Amazor/AA Batteries
64.00 16.03
t73.71
157.26
4.80 23.00
r35.00
\4.99
500.00
11.99 2',7.91
40.13 16.50
2'75.91
2t2.42
21t.34
575.00
2.t3
12.99 19.29
1,112.10
15.93 18.99
30.00 47.90
10.00 54.99
68.55 10.00
29.99 1,000.00
39.99 155.93
136.99
90.08 475.OO
470.00
254.47
95.00 250.00
202.00
330.00
395.00
73.67 145.00
1,396.40
't't5.oo
115.00
108.08
1,388.90
65.19 135.1I
2,763.06
41.34 44.58
AP Checks by Date - Detail by Vendor Number (lll29/2022 4149 PMt Page 8 Check No Vendor No
Invoice No
V€ddor Name Check Date
Refeience
CheckAmount
KK,H-s102
KK-I-3810
KK-J-0746
KK-L- I123
KK-M-0054
KK-N-8233
LA-A-6796
LA-B-3225
LA-C-5582
TN-A-3862
TN-B-6s91
TN-C-00 r 6
TN-C-4388
TN-D-s143
TN-E-9731
TN-F-0033
TN-G-0033
TN-H-6970
TN-I-2395
TN-J-8506
TN-K-6452
TN-L-34s5
TN-M-469E
Kem Data Monthly
TLO Trdnsudon Progmm
Evident/Prop€rty Room Supply
EYid€trVSm Evidence Bags
Chinook Medical Gear/Patrol Trama Kits
Adobe AcrobatPro Montl y
Costco/Saf€ty
Costco/Decoration Hometown Christmas
Costco/Decoration Hometo\.n Christmas
Carlos Donuts/Pw Staff Meeting
Sprinkler Supply Storcnrrigation Repair
E Kem APCD/Perkins Pump Application
Big Frog Supply,{rrigation Repair
AmazorD?€t Bags
Amazon/Towel Disp€nser
TP Bakersfield/T- I 29 Tiaile. Puchase
TP Bakersfield,/T- I 29 Trailcr Purchase
Valeio- Fuel V-40
Amazon/Labels
Ofrce Depot/Notebook
AmazoMri gation Voyager
Conmcrcial Christmas Supply/Chdsgnas Tree t
Amaz on/Shop Tools
Total for this AcH check for Vendor 2940:
Total for V€ndor 2940 (US Bank Corporate Payment System):
AT&T
PD/Phodc Lin€s Oct 6-Nov 5 2022
PD/I-ong Distanc€ Oct 6-Nov 5 2022
Total for this AcH check for vendor 2963:
Total for Vendor 2963 (AT&T):
Verizon Wireless
FinMobile Broadband #872239130/Oct l4-Nov
Gc/Mobile Broadband #712231 654/Oct lg-Nov
Pw^,lobile Broadband #772237 654loct 19-No\
PD/trlobile Broadband #'172237 654IOct |9-Nov
ED/Mobile Broadband #772237 654/Ocr lg-No't
Swr/lvlobile Broadband #7?223?654lOct l9-No\
PDMobile Broadband #37 223'1 67 6 / O ct 2 | -N ov
Gc^4obile Broadband #3'1223'167 6loct 2l -No\
Total for this ACH Check fot Vendor 30 I I :
Total for Vendor 301 1 (Verizon Wireless):
AECOM Technical Services lnc.
Wtr,Nitrate Removal Study
40.00 75.00
4t.23
126.00
2,825.32
14.99 62.16
86.59 86.59
32.24 I14.80
130.00
110.21
I15.56
20.92 2,359.'t9
2,359.80
50.00 30.01
t2.55
4l.l I
2,325.67
35.79 26,924.42
2963
190232\1
19023579
ACH 30t I
9920561164
99208935'15
9920893515-A
9920893s7s-B
9920a93575-C
9920893575-D
992t019142
9921019\42-A
ACH 3066
2000685241
26,92a.42
429.59
32.69 462.24
38.01 151.04
6t2.t6
78.02 38.01
28.76 16.02
3E.01
1,060.03
1,060.03
14,209.50
14,209.50
AP Checks by Dat€ - Detail by Vendor Numb€r (11n9/2022 4t49PM\ Total for this ACH Check for Vendor 3066:
Check No Vendor No Vendor Nrme Check Drte CheckArnount
ACH 3194
7r3723't29
Total for Vendor 3066 (AECOM Technical S€rvices Inc.):
Roto-Rooter Service & Plumbing Co.
Snr/Stoim Drain Cleab Out
Total for lhis ACH Check for Vendor 3 I 94:
Total for V€ndor 3194 (Roto-Rooter Service & Plumbing Co.):
Griswold Industries
Wh/Prev€ntative MainterEncc/Curry-Alder
Wtr/Pteventativc Maintenancey'Dennison
Wtr/Preventative Maintenanc€y'Manzanita
Total for this ACH Ch€ck for V€ndor 3254:
Total for V€ndor 3254 (Griswold Industries):
Motorola Solutions Inc.
PD/Radio Encryption
PD,Radio Encryption
Total for lhk ACH Check for Vendor 3546:
Total for Vendor 3546 (Motorola Solutions Inc.):
Don s Pro Technology Auto R€pair
PW,"IE-24 A/C & ECM
Total for this ACH Check for Vendor 35fl:
Total for Vendol 3564 (Don's ho Technology Auto R€pair):
EPIC Aviation LLC
Air[ct-A Fuel
Total for this ACH Check for Vendor 3577:
Total for Vendor 3577 (EPIC Aviation LLC):
Customized Custodial Services
Visitor CtI Janitorial Svc/Dec 2022
Public Worki Janitorial Svc/Dec 2022
Wtr Depl Janitorial Svc/Dec 2022
Swr Dept Janitorial Svc,,Dec 2022
S\'r Batkoom Janitorial Sv./D€, 2022
Airport Janitorial Svc/Dec 2022
Airport taung€ Svc^)ec 2022
Senior Ctr Svc/Dec 2022
City Hall Svc/Dec 2022
Annex Svc/Dec 2022
Polic€ Dept Svc/D€c 2022
Bus Station Svc/D€c 2022
14,209.50
2,700.00
2,700.00
ACH
ACH
3254
856452
856455
856456
2,700.00
5,953.40
3,511.17
2,703.08
t2,168.25
3546
824t4E6421
8281498165
ACH 3564
84274
3511
7632aA7
ACH 3708
coTt222
coT1222-A
coTt222-B
coTt222-C
coTl222-D
co'tr222-E
coTt222-F
coTl222-G
coTr222-H
cor1222-l
coTt222-t
corr222-K
t2,168.2s
5,79t.50
2t,709.O1
21,500.51
21,'Uj.51
4r2.93
412.93
ACH
4t2.93
t6,182.69
16,782.69
t6,782.69
105.00
262.4O
305.50
305.50
150.00
323.00
193.00
519.00
1,026.00
622.ffi
2,275.OO
160.00
AP Chccks by Date - Detail by Vendor Number (11 129/2022 4t49 PM\ Page l0 Check No Vendor No Vendor Nrme Check Drte CheckAmount
Total for lhis ACH Check for Vendor 3?08:
Total for Vendor 3?08 (Customized Custodial Services):
Diamond Teohnologies
IT/Docking Station for Eric
IT/Docking Station/L Safford
6,246.00
ACH 380?
32259
3227',l
ACH 3848
4447-t46145
444'l -146191
4447 -147020
4441-147029
4447 -147030
4441-147223
4447 -147239
4447 -14',1419
4447-147434
4447-147541
4447-148t56
4447-t48151
4447- t48434
4447-14t435
4447-148503
4447-148196
4447-148797
4447-149363
4447-149450
4r'47-t50198
4447-t50702
4441-15t024
4447-t51096
4447-151113
444't -t5t186
6,246.O0
32\.74
215.50
Total for lhis ACH Check for Vendor 3807:
Total for Vendor 3807 (Diamond Technologies):
O'Reilly Automotive Itrc
PWTE-24 ECM
PW,4r'-31 Fog Capsule
GG r'-50 oil
PW]'IE-24 ECM
PW,{E-24 Retum EcM
Wtr/V-23 Transmission Cable/Filters
Wtr/V-23 Repairs
PWShop Supplics
Wtr/V-23 ldler Arm
Wtr/Tools
PW/TE-24 R€tum ECM
PWTE-22 Eraser wheel
WA/TE-23 Ignition tack/Lubricant
PWTools for Shop
Wtr,^r'-I TPMS Sesor
PWTE4O Hardware/License Plate Frarne
PWTE-4o License Plate Frame
PWV-35 Air & Oil Filt€rs
PWTE-3o ltems to Remove Decals
GGN-50 Leather Spray,tsrushes
PWTE-3? Oil Filter
PWShop Tools
Pwnr'-27 Str€ets
PWFuel Stabalizer
Wtr/Tools
53't.24
53't.24
438.05
59.07 85.78
,148.48
-876.10
1E0.06
69.35 61.52
146.45
4a.23
438.05
34.'72
|9.44
10.l8
224.06
30.64 2l.44
40.33 12.31
26.79 9.43
7t.E4
556.16
It.25
16.08 Total for lhis AcH chcck for Vendor 3848:
Total for Vendor 3848 (O'Reilly Automotive Inc):
Central Valley Occupational Med Gry
S*r/Pr€-Placehent Physcial/ A Gznz
Total for this ACH Check fo. Vendor 3855:
Total for Vendor 3855 (Central Valley Occupational Med Grp):
Trafi ic Management Incorporated
Strttstreet Posts/Sleeve
1,408.1I
ACH 3855
00510162-00
1,408.1I
203.00
ACH 3868
927139
203.00
4,591.70
4,591.70
AP Check by Date - Delail by Vendor Number (llD9n022 4:49 PM) Total for this ACH Ch€ck for Vondor 3868:
Check No Vendor No Vendor Ntme Check Date CheckAmount
Total for Vendor 3868 (Traffic Management Incorporated):
661 Commmications
PD&tobile Radio Removat for Encryption
Total for tbis ACH Check foi Vendor 4067:
Total for Vendor 4067 (661 Communications):
Alpha Tecbnologies & Alann SysteoE Inc
B€ekay Theatre-FireAlam Monitoring,/Doc I 2(
Total for this ACH Check for Vendor 4078:
Total for Vendor 4078 (Alpha Technologies & Aladr Systems Inc):
Kem County Public Works
PWDisposal
Wtr/Disposal
Annex/Disposal
Total for this ACH Check foi Veidor 4138:
Total for Vendor 4138 (Kern County Public Works):
Core & Main LP
Wtr/5/8 Registers
Wtr/L€k Repair
Wtr/Pipe Cutt€r
Wtr/Supplies for Waler t e3k
Swr/Pond l3
Total for this ACH Check for Vendor 4157:
Totzl for Verdor 4157 (Core & Main LP):
Data Ticket lnc.
Code Enfl Citations/Notices/Deninquent Collecti
Code EnflOct 2022
Total for this ACH Check for Vendor 41 94:
Total forVendor4l @ata Ticket Inc.):
Waste Manag€ment (ACH)
PW40 Yard Roll Otr # l8-94373-O3M4lOct 2O2:
Swr/30 Ya.d Bin-Sweeper #2243626-O3OOalOcl
PWPropane for PW Shop/# 1917983-73000/Oc,
Total for lhis ACH Check for Vendot 4230:
Total for Vendor 4230 (Waste Manag€rnent (ACH)):
4,59t.70
t5.00
ACH 406'7
1709
ACH 4078
t96628 336.00
ACH
ACH
4138
29991
29991-A
2999t-B
415'l
Q323310
R834716
R8E6490
RE865?8
R912087
336.00
107.18
53.10 ACH
226.43
6,370.65
246.80
553.5',1
887.82
6l.87
8,t20.7 |
4t94
r44314
145164
ACH 4230
0010339480E-2
0010345-4808-7
ot433804'192-2
8,120,71
59.35 200.00
259.35
259.35
843.54
3,24t.72
170.91
4,296.t7
4,296.17
AP Ch€cks by Date - Detail by Veador Numb€r (ll/2912022 4:49 PM) Pzge 12 ChekNo Vetdor No Vendor Name Ch€ck D.tc CheckAmoutrt
ACH 4234
20123012
ACH 4272
0375E33-IN
0375t34-IN
0375835-IN
03?5836-IN
03?5837-IN
0375864-IN
4294
I-t3619-l
XIO Inc
Wtr/Quadsrly SCADA
Amber Chemical lnc
Wtr/Hypochloritc - Curry Site
Wa/Hypochlorite - Wahlstrom Well
Wtr/Hypochlorite - Denniion Well
Wtr/Hypochlorite - Mojave Well
Wts/Hypochlorite - Minton Well
Wt/Transfer Fee
Total for this ACH Check for Vendor 4234:
Total for Vendor 4234 (XIO Inc):
Total for this ACH Chcck fot y^dor 4272.
Total for Vendor 4272 (Anber Chemical Inc):
Totsl for this ACH Check for V€ndor 4389:
1,839.00
1,839.00
I,t39-00
106.82
261.05
320.46
313.47
373.87
490.00
r,932.O7
ACH Stockdale Aire Inc
PWA-/C Repair
|,932.07
471.00
Tolal for this ACH check for Vendor 4298:
Total for Vendor 4298 (Stockdale Aire Inc):
Enie4rise FM Trust
Wtr^y'ehicle Lease,Nov 2022
Pwvehicle Lese/Nov 2022
Swr^y'ehicle Lease/Nov 2022
GGAr'ehiclc t caseNov 2022
Pwvehicle Lease-InnNov 2022
Pwvehicle L€ase-Princ/Nov 2022
Vehicle L€ase-Princ/Nov 2022
V€hicl€ Lease-Princ./Nov 2022
Wtrny'ehicle L€ase-lrdNov 2022
Wtny'ehicle Lea.se-PrircNov 2022
Tolal for this AcH check for Vendor 4384:
Total for Vendor 4384 (Enterprise FM Trust):
471.00
ACH 4384
4600830
45m830-A
4600830-B
4600830-C
4600830-D
4600830-E
4600t30-F
4600830-G
4600830-H
4600830-I
47 t.N
454.39
1,908.00
634.33
1,072.63
209.15
1,042.41
1,042.81
-1,042.87
211.48
1,043.03
6,575.88
ACH 4389
234294388
234622398
234622398-A
234622398-B
Otkin
Air/Pest Control
Swr/Pest Cor{rol
Wtr/P€st Control
PWPest Control
6,5?5.88
153.00
58.67 58.67
58.66 329.00
ACH ,1400 Spdngbrook Holding Co. LLC
AP Checks by Date - D€tail by Vendor Number (ll/29/2022 4149 PM\ Total for V€ndor 4389 (Orkin):
Page l3
CheckNo Vendor No Vcndor Nemc
IrvoiceNo Description
Check Date
Referenc€
CheckAmount
TM INV-0058 | 8 Business Lic Trainins
4420
11112022
4429
N9663423
Total for this ACH Check for Vendor ,{400:
Total for Vendor 4400 (St'ringbrook Holding Co. LLC):
Quadient Finance USA Inc. (ACH)
Postage
Total for this ACH Check for Vendo! 4420:
Total for Vendor i1420 (Quadi€nt Finarce USA Inc. (ACID):
Quadient Leasing USA lnc.
GG/Leas€ Billing Period Dec I 2022-I{,,$ 7 202:
Total for this ACH Chcck for Vendor 4429:
Toral for Verdor 4429 (Quadient Irasing USA Inc.):
U.S. Fueling Solutions
AL/l "x3?" Aviation Hose
Toral for this ACH Check for Vendor 4546:
Total for Vendor 4546 (U.S. Fueliag Solutions):
The kw Edwards Group
SEat€gic Recomendationvsep-Oct 2022
Total for this ACH Check for Vendor 4549:
Total for Vendor 4549 flhe Lew Edwards Crroup):
Jennifer Paolozzi
Wellness Grant 2022-23lExercise
Total for this ACH Check for Vendor 4563:
Total for Vendor 4563 (Jemifer Paolozzi):
Hamed Jones
Calperla Annual Conf€.encefieals & IE
Toial for this ACH Check for Veodor 4595:
Total for Vendor 4595 (Hamcd Jones):
Nick Parada
Drone Ope.ator Svc/Dec 2 2022 2PM4PM
ACH
ACH
1.48 496.86
496.86
184. t5
ACH 4546
24503
ACH 4549
016
4563
IP|82022
ACH 4595
Hnt222022
ACH 4628
NP11162022
184.15
r 84.15
12,000.00
12,000.00
ACH
12,000.00
100.00
100.00
r00.00
E5.00
85.00 85.00
AP Check by Date - Detail by Vendor Number (l I 12912022 4t49 PM\ Page 14 Ch€ck No V€ndor No
Invoice No
Vendor Name
Description
Check Drte
R€ference
CheckAmount
Total for this ACH Check for Vendor 4628:
Total for Vendor 4628 (Nick Parada):
ACH 4642 Charter Communications
064495401012222 Gc,llntcm€tServices July2l-Arrg202022
167'725mlll0'122 PD/Cable Nov 8-D€c 7 2022
350.00
116.17
107.50
Total for this ACH CLeck for Vendor 4642:
Total for Vendor 4642 (Charter Communications):
Brightview I-adscape Services Inc.
Gc/Landscap€ Contract Se.r'iceloct 2022
Pwlandscape Cont'act Service/Oct 2022
PD/Landscape Contract Service/Oct 2022
Sttu^-andscape Contract Service/Oct 2022
Strts-Rds/Landscape Codt act Service/Oct2022
RR Dcpot/Landscap€ Contract S€rvice/Oct 2022
Freedom Plaza,/Landscape Contract Servicc/Oct
Swr/Landscape Contact Scrvice/Oct 2022
Air/Landscape Contract Service/Oct 2022
LLD Tract 6062/Lands€ap€ Contract S€rvice/Oc
LLD Tract 6212lla::dscape Contract Service/Oc
LLD Tract 5812 & 6215/Landscape Cont act Ser
LLD Tract 6216/Landscape Contract Service/Oc
LLD Tract 5 812/Landscape Conhact Sewice/Oc
LLD Tract 6360/Landscape Con!'act Sereice/Oc
LLD PM I I 353/Landscape Contract Sewice/Ocl
LLD PM 12219llandscap€ Contract Service/Oc1
Waste Mgmt Fe€s/Aug-Sep 2022
Total for lhis ACH Check foi vendor 4645:
Total for Vendor 4645 (BrightView Landscape Servic€s Inc.):
VMAK Enterprises Inc.
Water Deposit Refund
Total for this ACH Check for Vendor 4668:
Total for Vendor 4668 (VMAK Enterprises Inc.):
Jessica Gamer
Walmart/Dollar Tree/Itrms for Employee Relatic
Total for this ACH Check for Vendor 4670:
Total for Vendor 4670 (Jessica Gamer):
2E3.67
ACH 4645
8106091
8106091-A
8106091-B
8106091-C
8106091-D
8106091-E
8106091-F
8106091-G
8106091-H
8106091-I
810609t-J
8106091-K
8106091-L
E 106091-M
8106091-N
8106091-O
8106091-P
8169595
4668
11152022
4670
tct]142022
283.67
755.00
t,661.00
191.00
1,509.00
555.00
215.00
t52.00
660.00
599.00
|,231 .OO
689.00
2,996.OO
16,017.00
1,953.00
59.00 255.00
201.00
643.47
30,341.81
ACH
30,341.81
200.00
200.00
ACH
200.00
63.48 53.48
63.48 AP Checks by Dar€ - Derail by Vendor Number ( 1l /29t2022 4:49 PM\ Page 15 ChcckNo VeBdor No
Involcc No
Vetrdor NrDc Clcd( Iht
Rcferone
CheckAnoEnt
R€poit Totsl (67 ch€ck): 319,N.77
APCh€cf.3byDsie -DebilbyVcdorNuob€r(lllDl2cD, 4:49F1{) Pag€ 16 Accounts Payable
Checks by Date - Detailby CheckNumber
Us€r: &fi€scas
1ln9DO22 4tO6PM
CheckNo VetrdorNo
Invoicc No
V€odor Nsm€
Dcrcrlptiotr
CHAPI
CALIFORNIA
TY
E
Cbect Drtc
Rderence
CheckAmo!
5EU5 3914 RC. B€ck€r & SoD- hc.
qhhMrt Wdrety/P8y Est No. I
rv29nv22
Tolsl for Chec& Ntnb€r 5S245:
r7uE6.1s
172786J5
Report Total (1 c,hecks): r7u86-75
AP Chect! by Dste - Detril by Cho.kNuEb€r (lf29D0n 4.-06FM) P.ge I ? Accounts Payable
Checks by Date - Detail by Vendor Number
Us€r; .fi€scas
tln9Do22 3:59PM
CheckNo VfldorNo V€trdor Nrme
CITY OF
EHACHAPI
CALIFORNIA
Check Drte
Refenuce
ChcckAmout
IDYoice No
ACH 0362
03805(r/
0380692
03t0758
RSI Petroleum P[odrcts
Pwrunbad€d Gls
Wtr/Oil f6 We[t
Pwrurba&d c.s/Dies6l Foel
3,385.45
3,036.00
4,C72.76
Tot l ft. tir ACII Ch€cL frr Vttdor 0362:
Total for Veador 0362 (RSI Petol€um hucts):
R€pod Totsl (l c.h€cls):
rr,94.2r
lt2942r
AP Chc.,ks by Dale - IhisilbyVeodorNuoberO129/2022, 3:59PM) P.gF I
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER 5,2022 AGENDA SECTION: Assistant City Manager
DEPARTMENT
APPROVED
CITY
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: COREY COSTEIIOE, ASSISTANT CIW MANAGER
DATE: DECEMBER 5,2022
SUBJECT: AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TEHACHAPI MOUNTAIN RODEO
ASSOCIATION AND THE CITY OF TEHACHAPI
BACKGROUND
As Council is aware the City of Tehachapi has an active lease agreement for the operation of the Tehachapi Rodeo and Events Center on non-aeronautical land at the north edge of the Tehachapi Municipal Airport with the Tehachapi Mountain Rodeo Association, a local non-profit. TMRA hosts several events annually with a portion of revenues being paid to the airport as lease payment.
AMENDMENT TO THE LEASE
It has come to the attention of the City of Tehachapi that a portion of the current land lease for the Rodeo and Event Center falls within the encumbrance of the City of Tehachapi's wastewater operations which is also being leased from the airport by the Wastewater Department. This land was mistakenly included in the 2012 lease agreement with the City of Tehachapi and TMRA.
The 5 acres located on the southern edge of the current leased areas just south of the airport fence is part of the wastewater operations and must be removed from the current lease. Attached are a few aerial images of the area, first the included exhibit in the 2012lease, a second image of the area that will need to be removed via amendment and the final portion being the new map of the TMRA lease area with the City of Tehachapi Municipal Airport.
There are no other changes to the terms and conditions of this lease. TMRA has been presented with this amendment and since the land in question does not have any impact on their operations, there were no objections.
RECOMMENDATION
Approve the lease amendment between the City of Tehachapi and the Tehachapi Mountain Rodeo Association and authorize the Mayor to sign.
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FIRST AMENDMENT
TO RODEO GROUNDS AGREEMENT
THIS AMENDMENT TO AGREEMENT (the "First Amendment") made this day of 2022, by and between the CITY OF
TEFIACHAPI, a municipal corporation (the "City") and the TEHACHAPI MOUNTAIN RODEO ASSOCIATION, a nonprofit unincorporated association (the "TMRA"),
wITNES$ETH:
WHEREAS, City and TMRA entered into that certain agreement entitled o'Rodeo Grounds Agreement" dated July 3, 2012 in which city leased to TMRA the Premises described therein (the "Agreement"); and
WHEREAS, the parties wish to amend the Agreement to replace Exhibit "A" which contains the legal description of the Premises with Exhibit "A" attached hereto and by this reference made a part hereof setting forth an amended legal description of the Premises under the terms and conditions hereinafter described.
NOW, THEREFORE, the parties amend the Agreement as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim. The capitalized terms used herein shall have the same meaning as in the Agreement unless otherwise specifically described herein.
2. The parties hereby replace Exhibit "A" in the Agreement with Exhibit "A" attached hereto and by this reference made a part hereof.
3. Except as amended herein, the Agreement and each of its terms and conditions are hereby reaffirmed and shall remain in full force and effect. All inconsistencies and ambiguities between this First Amendment and the Agreement shall be resolved in favor of this First Amendment.
4. This First Amendment may be executed in counterparts. A facsimile or electronic copy of this fully executed First Amendment shall be as effective as the original for all purposes.
/il
I
///
IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective on the date first hereinabove written.
PHILIP A. SMITH, Mayor, City of
Tehachapi, California
TEHACHAPI MOUNTAIN RODEO
ASSOCIATION, a Nonprofit
Unincorporated Association, "TMRA"
DALMAS BUNN, President
By
2 TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER5,2022 AGENDA SECTION: PUBLIC WORKS
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR PHIL SMITH AND COUNCIL MEMBERS
DON MARSH, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 5,2022
SUBJECT: WASTEWATER MUNICIPAL FARM LEASE
FROM
BACKGROUND
The Public Works, Wastewater Fund leases approximately 81 acres of airport property from the Airport Fund for reclamation of wastewater effluent. The Wastewater Division uses this property to dispose of wastewater effluent by growing fodder crops primarily consisting of alfalfa on various parts of the 81 acres. See the map below of the leased areas:
Wastewater Reclamatlon Area
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7 ln recent years, operation and maintenance of the reclamation area has been performed using City staff primarily from the Wastewater Division. Staff time required to operate and maintain the reclamation area averages one person fulltime for six months.
The City has been periodically approached by ranchers and farmers to use this property and wastewater for more formal farming and grazing operations. On October 13,2022, the City issued a Request for Proposal (RFP) to solicit farmers interested in sub-leasing the reclamation property for the specific purpose of growing fodder crops. The RFP period closed on October 3!,2022. All proposals were reviewed and the proposal from Tehachapi Farming and Ranching Co. (TFR) was determined to be complete and responsive. TFR has extensive experience using wastewater effluent to grow alfalfa and has experience working within a municipal airport.
TFR plans to plant all 81 acres with a mixture of small grains and alfalfa to be sold locally. Some grading work will occur initially to provide for better irrigation distribution and typical TFR operations will include periodic discing, plowing, seeding, irrigating, and mowing. A water truck may be used on an as-needed basis for dust control.
All reclamation area operations will continue to be in compliance with all established airport operating procedures as well as complying with State Water Resources Control Board, Title 22 regulations for "Use of Recycled Water for lrrigation". All equipment access to these areas will occur from the north through the gated rodeo grounds entrance.
FISCAL IMPACT
Th revenue generated from this municipal farm lease will be S0 for the first year and 56t.75lacre/year for the following four years. Wastewater staff time to operate and maintain the reclamation area will be reduced by approximately 1,000 manhours per year.
RECOMMENDATION
APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF TEHACHAPIAND TEHACHAPI FARMING AND RANCHING CO. FOR Sl ACRES OF MUNICIPAL FARM LAND AND AUTHORIZE THE CITY MANAGER TO SIGN
WASTEWATER MUNICIPAL FARM LEASE
This lease is made and entered into this day December 6,2022 between the CITY OF TEHACHAPI, a municipal corporation, hereinafter called "Lessor" and KEVIN PARSONS AND TIM DOBBS dba TEHACHAPI FARMING AND RANCHING CO. hereinafter called ttLessggtt.
WITNESSETH
WHEREAS, Lessor owns improved farmland for the purpose of locating and maintaining thereon sewage disposal facilities for its City sewer services; and WHEREAS, the Lessee desires to rent a portion of said property for agricultural use; and WHEREAS, it is the understanding of the parties that an important consideration for the rental of this land is to provide for the reclaimed wastewater upon the premises (hereinafter described), as it comes from the sewage disposal and treatment plant of the Lessor, as well as the continued development of the land for its improvement for irrigated agricultural purposes.
NOW THEREFORE, and in consideration of the mutual covenants herein contained, it is mutually agreed by and between the parties hereto as follows:
DESCRIPTION:
Lessor hereby leases to Lessee and Lessee hires from Lessor, on the terms and conditions hereinafter set forth, that certain real property hereinafter referred to as the "premises" situated in the County of Kern, State of California, at 42l Dennison Rd, Tehachapi, CA 93561and more particularly featured in Exhibit "A" attached hereto and by this reference made a part hereof. Lessee's use and occupation of the premises shall be at Lessee's sole cost and expense. City makes no walranty with regard to the condition of the premises or its suitability for Lessee's use. Lessee accepts the premises "AS IS.''
2. TERMS:
The term of the Lease shall be for a period of five (5) years (the "Lease Term"), commencing on November 15, 2022 and terminating on November 15, 2027, unless earlier terminated as hereinafter described. As used hereinafter, the term "lease year" shall mean each calendar year from November l5 to the following November 15. Lessee is hereby granted five successive options (the "Option") of one year each (the "Option Term") which Lessee may exercise by written notice to Lessor no later than 30 days prior to the end of the Term or Option Term, as the case may be, and provided that Lessee is not then in default under this Lease. The Option is exclusive to Lessee and Lessee may not assign the Option.
RENT:
Lessee shall pay no rental for the first twelve months of the Lease. Thereafter, Lessee shall pay rental to Lessor annually in advance in cash in the amount of five thousand one dollar and seventyfive cents ($5,001.75) calculated atthe rate of sixty-one dollars and seventy-five cents ($61.75) per acre for 8l acres (the "Rent"). The Rent shall be paid each year commencing on the first anniversary date ofthis Lease and on the anniversary date ofeach year thereafter for the Lease Term. Rent payable during each Option Term shall be subject to agreement between the parties determined in each party's sole discretion.
4. ADDITIONAL RENT:
If Lessee fails to make a rental payment in a timely manner as provided in Section 3, then Lessee shall be charged an additional ten percent (10%) of the rent amount which is then J
1 I
due and which amount shall be considered as additionalrent. In addition, for any rent, which includes additional rent which is more than twenty (20) days past due, the Lessor may at its option place a lien on any crop or crops on the premises and take any other action it deems necessary.
5. PERMITTED CROPS:
Only the permitted crops as set forth in Title 22 of the California Code of Regulations governing secondary treated wastewater and non-edible crop production shall be grown on the premises and shall be subject to Lessor's approval, in Lessor's sole discretion. 6, INSURANCE:
Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises.
Coverage shall be at least as broad as:
Worker's Compensation insurance as required by the State of California and Employer's Liability insurance.
General Liability insurance (the "Policy"): $1,000,000 per occurence for bodily injury, personal injury and properly damage.
The Policy shall contain the following provisions:
The Lessor, its officers, councilmembers, offtcials, employees and volunteers are to be named as additional insureds.
The Lessee's insurance coverage shall be primary insurance as respects the Lessor, its officers, councilmembers, officials, employees and volunteers, and Lessor's insurance policy or self-insured coverage shall be noncontributory.
The Policy shall not be canceled, or coverage reduced, without thirty (30) days prior written notice to the Lessor.
The Lessee's insurer shall be subject to Lessor's approval in Lessor's sole discretion and shall be registered to provide insurance in California.
All certificates and endorsements are to be received and approved by the Lessor prior to Lessee occupying the premises. The Lessor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Lessee hereby agrees and acknowledges that the premises have been accepted in an "as is" condition and without representation or warranty by Lessor as to fitness for any purpose or use.
7. TAXES. ASSESSMENTS AND LIENS:
Lessee agrees to pay, when due, all taxes and assessments which may be levied against Lessee's possessory interest in the premises and upon any crops or personal property which Lessee causes to be grown, placed or maintained upon the premises, and agrees to keep t h e premises free from all liens and encumbrances by reason of the use of occupancy of the premises by Lessee or any person claiming under Lessee except for any UCC-I lien which is placed against the crop or crops growing on the premises. Lessee's obligations hereunder shall survive the termination of this Lease.
8. IMPROVEMENTS:
Lessee shall not make any alterations, additions, or improvements upon the premises without the a
a
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express prior written consent of Lessor in Lessor's sole discretion. All alterations, additions, and improvements shall be done in a good and workman like manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all laws and ordinances relating thereto. Unless otherwise expressly agreed to by Lessor in its sole discretion, any and all alteration, additions and improvements shall remain on, and be surrendered with the premises upon the expiration ortermination of this Lease Lessee agrees that all structures and improvements, such as fences, gates, towers, derricks, tanks, pipes or other improvements shall be and remain a part of the real property and shall not be removed or damaged by Lessee and shall be surrendered to Lessor upon termination of this Lease.
Lessee agrees that any a n d all irrigation pipelines, well pumping equipment and other structures, buildings and fixtures, appurtenant hereto, hereinafter collectively referred to as "irrigation equipment" located on the premises are and shall remain the property of the Lessor and shall be surrendered in good condition and repair, to be determined by the Lessor in its sole discretion or repaired at the sole cost of the Lessee to the reasonable satisfaction of Lessor. Lessee's obligations hereunder shall survive the termination of this Lease.
Lessee agrees that any damage to equipment and infrastructure caused by Lessee or any person visiting or doing business with Lessee on the premises, shall be repaired in good order to the reasonable satisfaction of Lessor and at the sole expense of Lessee and this obligation shall survive the termination of this Lease.
Lessee will maintain the area immediately outside the fence of the treatment plant in a clean, weed free and grass free condition.
9. HAZARDOUS MATERIALS INDEMNITY:
(a) Lessee shall not cause any Hazardous Materials hereinafter described to be placed in, on, or under the Premises. In the event of any release of Hazardous Materials caused or permitted by Lessee or any other persons or entities affiliated with Lessee, Lessee shall immediately remediate such release and prevent any similar future release to the satisfaction of Lessor and at Lessee's sole cost and expense. All such remediation shall be approved by all governmental agencies with jurisdiction over the contamination. Lessee's obligations hereunder shall survive the termination of this Lease.
(b) Lessee hereby agrees to indemniff, defend, and hold harmless Lessor and it's officers, councilmembers, employees, and agents from and against any and all claims, actions, losses, liabilities, damages, costs, attorney's fees and other expenses arising out of the use, generation, storage or disposal of Hazardous Materials on the premises, or arising out of the premises, and including, without limitation, the cost of any required or necessary plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or disposal of Hazardous Materials on the premises. As used in this Section Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCB's, hazardous waste, toxic substances of related materials, including, without limitation, substances defined as "hazardous substance", "hazardous materials" or "toxic substances" in the Comprehensive Environmental response, Compensation and Liability action on 1980 as amended, 42 USC, Section 9601, et seq.;the Hazardous MaterialsTransportationact, 49 USC, Section 1801, et seq.; the resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substance Control Act 15 USC, Section 2601, et seq.; any other Federal, State, Counf, or local law applicable to the premises, and in the rules and regulations adopted or promulgated J
under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Lessee's previous ownership or possession of the premises.
IO. WATER:
Lessee shall not nemove water from the premises to any ofier location without written permission of the Lessor, which Lessor may give or deny in its sole discretion I I. UTILITIES:
All charges and assessments for or in connection with Lessee's use of the premises including, without limitation, all utilities which may be furnished to or used on the premises by Lessee, shall be paid by Lessee at Lessee's sole cost and expense.
I2. MAINTENANCE:
Throughout the term of this Lease Lessee shall, at Lessee's sole cost and expense, repair, replace, keep and maintain the premises in good order, condition and repair. Lessee shall at Lessee's own expense, take all actions and precautions necessary for the care of the premises including, but not limited to, irrigation, insect control, disease control, weed control, weed abatement in accordance with the Kern County Fire Department's annual Weed Abatement Program, rodent control, soil erosion control and any other items necessary for the use of the premises in accordance with approved standards of farming and agricultural practices. Lessee shall, at its sole cost and expense, keep any buildings, fences, irrigation systems or other improvements on or placed on the premises in 'good repair and condition Except as otherwise described in this Lease, Lessee shall provide a written report to Lessor at Lessee's sole cost and expense at the end of each calendar quarter setting forth the maintenance that has been done and any structures or improvements that have been constructed. Lessor shall have the right, at all times, to inspect the premises to confirm accuracy of each report.
I3. ASSIGNMENTS AND SUBLETTING:
Lessee shall not assign the Lease, nor any interest therein, and shall not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents of Lessee excepted)to occupy or use the premises, or any portion thereof, without the prior written consent of Lessor which may be given or denied in Lessor's sole discretion.
Consent to o n e assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation, or use by another person.
This Lease shall not, nor shall any interest herein, be assignable, as to the interest of Lessee by operation of law, without the written consent of Lessor. Any assignment or subletting without such consent shall be void and shall, at the option of Lessor, terminate this Lease.
14. INSOLVENCY OR BANKRUPTCY:
If Lessee shall be adjudged, bankrupt or insolvent this Lease shall thereupon immediately terminate and the same shall not be treated as an asset of the Lessee under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Lease shall immediately become null and void and of no effect except for those obligations of Lessee specifically described as surviving the termination of this Lease, and the Lessor may immediately retake possession of the premises and all crops growing thereon.
I 5. STATUTORY COMPLIANCE:
Lessee will forthwith enter into possession of the premises and will assume the duty and responsibility of disposal of all Secondary Wastewatertransferred from the treatment plant of the Lessor to Lessee. The Lessee will adhere to the State of California Department of Health 4 Services Guidelines (Title 22)for Use of Secondary Effluent Wastewater. Lessee will notifr the City in the event that the Lessee cannot dispose of the Secondary Wastewater in the approved m a n n e r, Lessee will not use the Secondary Wastewater for any use not prescribed in Title 22. Lessee will take all Secondary EffIuent Wastewater transferred to Lessee by Lessor at all times, and if necessary, provide a sump for short-term storage whenevera fluctuation in agriculture operation does not permit continual usage.
It will be the sole responsibility of Lessee at its sole cost and expense to provide signage to inform the public that Reclaimed Wastewater is being used on the premises. The warning signs shall be posted at least every 500 feet with a minimum of one sign at each corner and one at each access route unless additional signage is required by law.
Lessee shall, at Lessee's own cost and expense, take reasonable efforts to restrict public access to the premises. Lessee further agrees to grade the perimeter of the premises to prevent pounding along any public road or other public area. Setbacks shall also be put into effect to limit and restrict the Reclaimed Wastewater from coming in contact with the public and any other water sources.
Lessee shall permit Lessor and Lessor's agents and/or employees at all reasonable times, to enter the premises and to use the roads established in the premises now, and in the future, for the purpose of inspecting compliance with the terms of the Lease.
I6. INDEMNIFICATION AND HOLD HARMLESS:
Lessee hereby agrees to defend, indemnifu and hold harmless the Lessor and its council members, officers, employees, and agents from and against all claims, actions, liabilities, losses, damages, costs, attorney's fees and otherexpensesarisingoutof any act or omission of Lessee or any loss or damage to property or injury to or death of persons, resulting in any manner whatsoever, directly or indirectly, by reason of this Lease or Lessee's use or occupancy of the premises or the use of Secondary Wastewater by Lessee, or any person claiming under or through Lessee. The provision of this section shall survive the expirationor termination of this Lease.
I7. NOTICES AND PAYMENTS:
Any notice to be given hereunder or at law to either party shall be deemed delivered when personally served on the party to be noticed or on the next business day following deposit of the notice with an overnight delivery service provided the overnight carriers records confirm delivery, or when delivered by the United States mail, postage prepaid, registered or certified mail, return receipt requested with the date of signing (or refusal to sign) the return receipt deemed the date of service, or forty-eight (48) hours following deposit in the United States mail, postage prepaid, or when sent by confirmed facsimile transmission or when sent by electronic mail ("email"). The following shall be used in providing the foregoing notices:
LESSOR: CITY OF TEHACHAPI
Attention: City Manager
I 15 S. Robinson Street
Tehachapi, CA 93561
Em ai I : gganett@tehachap ic ityhall. com
LESSEE: Tehachapi Farming and Ranching
Attention: Kevin Parsons / Tim Dobbs
PO Box 1911-129
Tehachapi, CA 93561
Email: [email protected]
5 Either party may change its address by providing written notice to the other in the manner described herein.
1 8. PARTIAL INVALIDITY:
If any term, covenant, condition or provision of this Lease is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Lease shall nonetheless remain in full force and effect to the full extent allowed by law.
I9. RIGHT TO TERMTNATE LEASE TN WHOLE OR IN PART:
Lessor may terminate this Lease and retake possession of the entire premises or any portion thereof at any time by providing Lessee with written notice of such termination at least six months prior to the date of any such termination. Provided, however, that Lessor may also terminate this Lease upon ten days written notice to Lessee in the event of Lessee's breach ofany of its obligations hereunder or default under this Lease. In the event Lessor shall retake only a portion of the premises, rentals, shall be abated on a per acre basis, any fractional component rounded upward to the next acre. Lessee shall refrain from planting or preparation of any land so removed unless any crop thereon can be harvested prior to the time set forth in the notice. Lessee hereby agrees to quit and surrender possession of the premises at the termination of this Lease.
20. MISCELLANEOUS:
(a). Each individual executing this Lease represents and warrants that he or she is duly authorized to execute and deliver the Lease on behalf of the Lessee, and this Lease shall be binding upon Lessee in accordance with its terms.
(b). Lessor makes no warranties or representations as to the condition of the premises or their suitability for the purposes for which the Lessee will use them including without limitation the condition and quality of the pumps and pipe lines and all other irrigation equipment and its performance relating to the lessee's use of the foregoing. Lessee accepts the premises "AS IS, WHERE IS, AND WITH ALL FAULTS" and hereby assumes the risk of use of the premises and releases Lessor, its officers, councilmembers, employees, agents, and representatives from any and all claims relating to the condition of the premises. Lessee represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California and waives and releases any right or benefit which Lessee has thereunder which Section reads as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released part5i."
(c). This Lease contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
(d). If any action is commenced arising out of or relating to this Lease, the prevailingprty shall be entitled to its reasonable attorney's fees and actual costs. (e). This Lease may only be amended by a writing executed by all parties. (0 This Lease shall be govemed by and construed in accordance with the laws of the State of California.
(g). Waiver by a party of any provision of this Lease shall not be considered a continuing waiver or 6 a waiver of any other provision, including the time for performance of any such provision. (h). Lessor's remedies for a Lessee default described herein are not exclusive but are cumulative and in addition to all available under the law or in equity. (i). Paragraph headings in this Lease are used solely for convenience and shall be disregarded in the construction of this Lease.
CI). On the last day of the Lease term, or extension thereof, Lessee shall peaceably and quietly leave, surrender, and yield up to Lessor the premises in as good condition and repair as existed at the commencement of Lessee's occupancy, reasonable use and wear there of excepted. (k). All parties signing this Lease as Lessee shall be jointly and severally liable for all obligations of Lessee.
(l). This Lease may be executed in counterparts. A facsimile or electronic copy of this fully executed Lease shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives and the date first written above.
By:
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By:
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Tehachapi Farming and Ranching Co., Lessee Tehachapi Farming and Ranching Co., Lessee Kevin Prirsons Tim Dotibs
By:
CITY OF TEHACHAPI, Lessor
Greg Garrett, City Manager
7 EXHIBIT
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[Description of Premises]
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CITY Of
TEHACHAPI
CALIFORNIA
COUNC!L REPORTS
MEETING DATE: DECEMBER5,2022 AGENDASECTION: PUBLIC WORKS t eE /
DEPARTMENT
APPROVED
CITY
TO HONORABLE MAYOR PH!L SMITH AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
DATE: DECEMBER sTH,2022
SUBJECT: TEHACHAPI EVENT CENTER AND RODEO GROUNDS GRANDSTAND RETROFIT PROJECT
BACKGROUND
The partnership between the City of Tehachapiand Tehachapi Mountain Rodeo Association (TMRA) has been in place for more than 50 years. As part of this partnership, portions of the existing rodeo grandstands have been provided by the City and utilized by TMRA annually for their community events. The City-owned grandstands were originally installed in 2012 as a temporary installation.
The City would like to retrofit the existing, City-owned grandstands to meet existing building code requirements for a permanent installation. The modifications include additional cross braces, welded structural connections, and additional footings.
City staff and TMRA have solicited numerous contractors to perform this work and has only been able to obtain a proposal from one contractor. Merjil Steel Fabrication, lnc has proposed to furnish material, labor, and equipment to structurally retrofit the City-owned grandstands per the engineered drawings provided by the City for the amount of 578,600. This scope of work does not include the footing modifications. This work will be done by another contractor.
FISCAI IMPACT
SIOO,OOO has been budgeted in fiscal year 2022/2023 for the grandstand retrofit project. With the structural modifications estimated at 578,600, this leaves S21,400 for footing modifications.
RECOMMENDATION
AWARD THE TEHACHAPI EVENT CENTER AND RODEO GROUNDS GRANDSTAND RETROFIT PROJECT TO MERJIT STEEL FABR|CATION, tNC. tN THE AMOUNT OF s78,600 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF LO%OF THE ORIGINAL CONTRACT OR $2,860. u
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Offlce (66I) 589-7Oo Fox (661) s8t-7418
eddl@me{llslee!.com
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Bokenfleld, CA. t3ill2
PROPOSAL REV2
Alln: DON i,lARSH Dofe: NOYEMBER 29, 2022
Compony:
CTIY OF TEHACHAPI
Projecl:
RODEO GROUNDS EI.EACHERS
Work Scope
Structural Steel:
Furnish material, labor, and equipment to retrofit Bleachers per project drawings #21-1549A sheets l-5 South Bleacher: (15) Leg Lines
Lower Section - Install (15)sets new cross bracing angles, install (3O)each new angle on bottom of existing W6x9# beam, remove legs clamps and weld leg supports.
Upper Section - Install (15)sets new cross bracing(bolted), install (75)each new horizontal angle brace 4'- 0"o.c.
SouthBleacher- $30,500.00
West Bleacher: (36) Leg Lines
Install (36)sets new cross bracing angles, install (36)each new angle diagonal bracing, remove leg clamps and weld leg supports, install (36)each horizontal plate supports at benches.
West Bleacher- $ 48,100.00
Note: Sheet 3 of 5 "inspect each leg ltne and replace beams showing stgns of corrosion"-no provisions included in this proposal for this task. Inspection and replacement decision by others. Cost would be a T&M basis.
Price Includes Prevailing Wage Requirements.
Clarifications:
l. All Steel shop primed.
2. Does not include any work on the North Bleacher
l. Price is good for 30 doys ond rncludes tox ond delNery to theiobsife.
2. Specificolly excludes ony ifems nof listed on proposed work scope.
3. Excludes bonding, engineering, ond thtrd porty inspecfion.
4.This Work Scope sholl oct os "Exhibit A to the controct documents" upon being oworded controct for fhis project.
Proposol by: Eddie Merjil
Cell 661-44-2615 Bose Price: S 78,600.00
TEHACHAPI
COUNCIL REPORTS
MEETING DATE: DECEMBER 5,2022 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT
CITY MANAGE
TO
FROM:
DATE:
HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
JOHN (JAYI SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR NOVEMBER28,2022
SUBJECT: ENHANCED STRIPING PROJECT - AWARD
BACKGROUND
ln mid-2021the City of Tehachapiwas awarded a Highway Safety lnfrastructure Program (HSIP) Cycle 10 Grant for new edgeline and centerlines on various roads in the city limits including four minor arterial and two major collector roads. Thermoplastic edgelines and centerlines will increase the safety of roads with enhanced visibility, especially during inclement weather, and decreased potential for accidents. Thermoplastic edgelines and centerlines will provide a longer period of safety by eliminating the need for yearly repainting. ln October 2022 advertising began for the project. Staff opened bids for this project on November 16, 2022. The results of the bid opening are listed in the table below:
Contractor Name Bid Amount
SUPERIOR PAVEM ENT MARKINGS s186,049.90
CAL STRIPE INC. 5217,280.70
RESPONSIVENESS REVIEW
ln compliance with the Public Contract Code, City Staff undertook a review of the bids received to confirm that the apparent low bidder provided a responsive bid. The bid provided by Superior Pavement Markings has been deemed to be responsive.
A bid package (not listed above) was delivered to City Hall via Federal Express after the advertised bid opening time. Bids received after bid opening are not valid. The bid was not opened and subsequently returned to the sender.
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FISCAL IMPACT:
The project is grant funded through the Highway Safety lmprovement Program (HSIP) with no match requirement. 5215,200.00 was programmed from HSIP for the Construction phase of this project. As such, the project is fully funded.
RECOMMENDATION:
AWARD THE ENHANCED STRIPING PROJECT TO SUPERIOR PAVEMENT MARKINGS !N THE AMOUNT OF 5186,049.90 AND AUTHORIZE THE clTY MANAGER To APPRoVE ANY NEcESSARY cHANGE oRDERS UP To A MAXTMUM OF tO% OF THE ORTGTNAL CONTRACT (OR s18,505).
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CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER2L,2022 AGENDA SECTION: DEVELOPMENT SERVICES
DEPARTMENT
CITY MANAGER
APPROVED
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
JOHN (JAy) SCHLOSSER, p.E., DEVELOPMENT SERVTCES DTRECTOR NOVEMBER9,2022
AGREEMENT FOR COMMUNITY DEVETOPMENT ACTIVITY - NORTHSIDE NEIGHBORHOOD IMPROVEMENTS PHASE !I! CD#20.21.1
BACKGROUND
ln January 2O2L, the City Council allocated three years of Community Development Block Grant (CDBG) funds towards the Northside Neighborhood lmprovements Project Phase lll, which targets sidewalk improvements in the residential portions of downtown Tehachapi located north of the railroad tracks. The three-year allocation totals approximately 5166,500.00. Since that time, City Staff has been engaged in refining the scope of the improvements for the project site located on the south side of I Street between Green Street and Davis Street north of the Union Pacific rail line. The appropriate next step is to begin the design effort.
The Kern County Community Development department requires the City of Tehachapi to enter into an agreement for the expenditure of CDBG funds on this project.
FISCAL IMPACT
CDBG funds are allocated to the design and construction effort and the intended scope of this project is fully within the grant fund eligibility requirements. City staff intends to design a project totaling approximately 5195,500.00, as detailed in Schedule "A" of the agreement. The remaining 530,000 project match will be funded through a mid-year budget adjustment utilizing either General Funds or Street and Road Funds.
RECOMMENDATION
APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPIAND THE COUNTY OF KERN FOR COMMUNITY DEVELOPMENT ACTIVITY FOR THE NORTHSIDE NElGHBORHOOD IMPROVEMENTS PROJECT PHASE !II CD#20.21.1. AND AUTHORIZE THE MAYOR TO SIGN
AGREEMENT
COMM UNITY DEVELOPMENT ACTIVITY
ctTy oF TEHACHApt NORTHSTDE NETGHBORHOOD TMPROVEMENTS (PHASE lll) cD#20.21.1
(County - City of Tehachapi)
THIS AGREEMENT is made and entered into on
("Agreement") by and between the COUNTY OF KERN, a politicalsubdivision of the State of California ("COUNTY"), and CITY OF TEHACHAPI within the County of Kern ("C!TY"), (a) The Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), ("Act"), which provides for Community Development Block Grants for eligible activities; (b) COUNTY has submitted the required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant, Catalogue of Federal Domestic Assistance ("CFDA") Number 14.218, ("Grant") pursuant to the Act;
(c) COUNTY and CITY entered into a Community Development Block Grant Cooperative Agreement on June 1,2020, wherein the parties thereto agreed to undertake activities eligible for Grant assistance within the corporate limits of CITY; (d) COUNTY is empowered under the Act to administer Grant funds pursuant to the Act, and to enter into activity agreements with cities which have executed Community Development Block Grant Cooperative Agreements with COUNTY for Community Development activities ;
(e) CITY has requested the use of Grant funds for the design, rehabilitation and construction of existing sidewalks, alleyways and improve pedestrian access in the low to moderate income Northside neighborhood within the City of Tehachapi; and (0 COUNTY desires to assist CITY by providing Grant funds for the design, rehabilitation and construction of existing sidewalks, alleyways and improve pedestrian access in the low to moderate income Northside neighborhood within the City of Tehachapi.
AGREEMENT:
1. Definitions
a. Except to the extent modified or supplemented by the Grant Agreement between COUNTY and HUD dated February 23,2021, ("HUD Grant to COUNTY") any term defined in Title I of the Act, or the HUD Community Development Block Grant regulations at 24 CFR Part 570 shall have the same meaning when used herein.
RECITALS:
b. "Program" means COUNTY's Community Development Program, including the administration thereof, with respect to the terms of the HUD Grant to COUNTY. c. "Project" means the design, rehabilitation and construction of sidewalks, alleyways and other related improvements within the right-of-way for City of Tehachapi Northside Neighborhood, all as more fully described in Schedule "A", attached hereto and incorporated herein by this reference as if set forth in full. d. "Activity" means the mobilization, traffic contro!, clearing, stripping, grubbing, installation of concrete curb, gutter and sidewalk, new ramps and refurbishment of existing ramps, drive approaches and the relocation of utilities, trees, power poles, signage and other obstructions located in the right-of-way, al! as more fully described in Schedule "A", attached hereto.
e. "Program Income" shall have, with respect to the Activity undertaken pursuant to this Agreement, the same meaning as the definition found in the HUD Community Development Block Grant regulations at24 CFR part 570.500(aX1), as amended, at 24 CFR part 570.504, and as defined in HUD Training Bulletin CPD-90-1, dated April 1990, entitled "Program lncome".
f. "Change in Use Restriction Period" means that period which starts upon filing of the Notice of Completion, in the case of construction work, or upon the close of escrow if Grant funding is solely for the acquisition of property, and ends five (5) years after HUD ceases to consider the CITY to be part of the COUNTY's entitlement jurisdiction.
CITY may cease to be part of COUNTY's entitlement jurisdiction by:
Expiration of, or CITY's failure to renew, the CITY/COUNTY Cooperative Agreement dated June 1 ,2020; or
HUD's order to cancel the CITY/COUNTY Cooperative Agreement dated June 1 ,2020; or
COUNTY ceasing to be a Grant entitlement jurisdiction; or The federal government's termination of the Grant program g. "Expiration of Agreement" means the date of expiration of the Change in Use Restriction Period or the date of resolution of all monitoring findings as determined solely by COUNTY, whichever occurs last.
h. "Subgrantee" and "Subrecipient" as these terms are used in any of the attached exhibits, means CITY.
i. Whenever duties or obligations are performed jointly by CITY and COUNTY, CITY and COUNTY will be referred to as "PARTIES".
2. Maximum Amount Pavable Under Aqreement and Mode of Payment a. COUNTY shall reimburse CITY, or its designee(s), through progress payments for Activity costs incurred pursuant to this Agreement upon CITY making satisfactory progress, as determined solely by COUNTY, towards the completion of the Activity detailed in the attached Schedule "A"; provided, however, that the total amount made available by COUNTY through this Agreement and payable to CITY, or its designee(s), shall not exceed ONE HUNDRED SIXTY SIX THOUSAND FIVE HUNDRED DOLLARS ($166,500). Unless PARTIES otherwise expressly agree in writing, CITY agrees to accept sole financia! responsibility for all costs related to this Activity in excess of the ONE HUNDRED SIXTY SIX THOUSAND FIVE HUNDRED DOLLARS ($166,500) made available by COUNTY pursuant to this Agreement.
b. COUNTY's duty to pay CITY is expressly contingent on COUNTY's receipt and continued use of Grant funds from the federal government allocated for this Activity. ln the event such funds are not received by COUNTY, or are reallocated by HUD after receipt and prior to completion of the Grant funded Activity, this Agreement shall be immediately terminated or suspended as of the date the Grant funds are or become unavailable, and COUNTY shall have no further obligation to CITY under this Agreement until such time, if ever, that Grant funds are approved by HUD and allocated for the Activity which is the subject of this Agreement. CITY agrees to indemnify and hold COUNTY harmless pursuant to the indemnification provisions of this Agreement from any costs, Iiabilities, losses, damages or expenses incurred as a result of termination of the Agreement due to unavailability of the Grant funds for this Activity.
c. Payments shall be made to CITY, or its designee(s), upon CITY's submittal to COUNTY of a monthly certified claim executed by a properly designated official of CITY indicating the percentage of the Activity that has been completed. Said certified claims shall be itemized and properly documented to clearly show the items, tasks or services for which reimbursement is being claimed and the basis for cost computation whether by cost per hour, cost per weight, cost per task or other measurement as agreed by and between PARTIES, as more fully described in the attached Schedule "A".
d. After receipt and approval by COUNTY of a monthly certified claim for construction, COUNTY shall make a payment to CITY, or its designee(s), in the amount of ninety-five percent (95%) of COUNTY's pro rata portion of the project construction costs. The balance of the cumulative five percent (5%) retention from each claim shall be paid to CITY thirty-five (35) days after CITY flles a Notice of Completion and after COUNTY has verified CITY's satisfactory compliance with Paragraphs 5 and 6 of this Agreement. The foregoing five percent (5%) retention is subject to the project construction contractor's right to substitute securities as explained in the document entitled "Withheld Contract Funds Certification", attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in full.
The party entering into the construction contract with the prime contractor shall ensure compliance with the requirements set forth in the attached Exhibit "A". CITY agrees that COUNTY is hereby empowered to make an independent determination of the percentage of the Activity which has been satisfactorily completed and any such determination by COUNTY is conclusive. There will be no retention on monthly claims for architectural or design services.
3. CITY's Obliqations
ln addition to CITY's obligations as set forth in other sections of this Agreement, CITY agrees to perform the following specific duties:
a. CITY shall be responsible for implementation of this Activity. lmplementation shall include preparation of specification documents and plans if necessary; solicitation and hiring of contractors; construction engineering and inspection; contract administration; and HUD compliance monitoring services. CITY will provide COUNTY with all plans and specifications, including changes requested during construction, for COUNTY review and approval prior to their use.
b. CITY agrees that COUNTY may terminate, suspend and/or reduce the amount of Grant funding provided for in this Agreement if all work performed by CITY is not completed satisfactorily and within the budgetary Iimits and time schedule milestones provided for in this Agreement. The length of any suspension or the amount of the reduction of Grant funding shall be at COUNTY's sole option and will be principally based on compliance with Activity specifications and plans, and on timely initiation of CITY's design and/or construction obligations under this Agreement. COUNTY agrees that delays in completion of the work subject to this Agreement may result for reasons outside the control of CITY, and agrees that COUNTY will extend the time for completion of the work for unavoidable delays for a reasonable period, as determined solely by COUNTY. However COUNTY shall not be obligated to pay or to otherwise reimburse CITY for work performed subject to this Agreement if Grant funding for the Activity is revoked or suspended by HUD due in part or whole to the delay in the completion of the work contemplated by this Agreement.
c. CITY shall be responsible for complying with all applicable local, state, and federal regulations, including, but not limited to, the monitoring of construction for compliance with the federal labor standards contract requirements set forth in the "Preconstruction Checklist for Contractors" attached hereto as Exhibit ttBtr and incorporated herein by this reference as if set forth in full. If CITY hires a consultant to provide compliance monitoring required to ensure to the satisfaction of HUD and COUNTY, that all applicable regulations are met during the implementation of this Activity, CITY shall monitor the consultant's compliance efforts and shall remain responsible to COUNTY for providing compliance monitoring records in a form acceptable to COUNTY. CITY agrees to become familiar with the applicable statutes, regulations and guidelines governing the Grant program. All applicable statutes, regulations, guidelines, codes, rules and executive orders referred to in this Agreement are as from time to time amended.
d. CITY or any contractors hired by CITY to perform work on the Activity shall obtain any and al! permits necessary to implement this Activity from appropriate state, COUNTY and/or CITY agencies.
e. CITY (in collaboration with COUNTY) shall conduct a pre-bid and a preconstruction conference for the purposes stated within the document, "Material Covered at Preconstruction Conference" (Exhibit "C"), attached hereto and incorporated herein by this reference as if set forth in full.
f. CITY shall accept title to and be responsible for the maintenance and/or operation of the Northside neighborhood sidewalUalleyway improvements, according to the terms of this Agreement and all applicable local, federal and state laws and regulations. g. CITY shall be responsible for the control and safety of CITY officers, employees, agents, and invitees during the implementation of this Activity. CITY shall take all actions necessary to ensure the safety of its employees and invitees during the implementation of the project and during the subsequent maintenance and/or operation of the Northside neighborhood sidewalk/alleyway improvements funded pursuant to this Agreement. h. CITY shall cooperate fully with COUNTY in undertaking, monitoring and completing this Activity.
i. CITY shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Activity to be completed under this Agreement. j. Subsequent to bid opening, if the Director of COUNTY Planning and Natural Resources Department determines that funds budgeted herein are insufficient to satisfactorily accomplish or complete the work referenced in this Agreement, CITY will have thirty (30) calendar days from the date of such determination to obtain additional funding beyond COUNTY's maximum financial obligation or satisfactorily reduce the scope of the work, as provided for herein. lf CITY does not obtain the necessary additional funding, or a reduction of scope is not successful in satisfactorily lowering overall Activity costs, PARTIES hereby agree to mutually terminate this Agreement according to the requirements and standards of 2 CFR part 200.339, "Termination for Convenience". ln the event of termination, the work contemplated herein shall be abandoned and COUNTY shall incur no liability whatsoever to CITY for expenses incurred after termination of this Agreement or for costs related to any subsequent completion of the work contemplated by this Agreement. k. CITY shall, as part of its contract administration responsibility, publish in a newspaper of general circulation, in trade journal publications and in minority oriented publications, a notice soliciting small, and (as applicable) Section 3 business participation in this Grant funded Activity. Prior to submitting a notice to a newspaper for publication, CITY shal! obtain approva! from COUNTY concerning the content of these required newspaper notices.
l. CITY shall be responsible, during the Change in Use Restriction Period, for the continued use (for the purpose described herein) of the Northside neighborhood sidewalUalleyway improvements funded pursuant to this Agreement and shall comply with federal property management regulations and standards in accordance with 24 CFR part 570.505 "Use of Real Propefl" (applicable to expenditure of Grant funds in excess of TWENTY FIVE THOUSAND DOLLARS [$25,000.00]); 2a CFR part 570.501, "Responsibility for Grant Administration"; and with 24 CFR part 570.503(b)(7), "Reversion of Assets". m. In the event that CITY cannot or fails to utilize the subject improvements for the purpose described herein throughout the Change in Use Restriction Period, CITY shall immediately notify COUNTY regarding CITY's proposed new use of the subject improvements. COUNTY shall review the Grant eligibility and national objective compliance
of the proposed new use of the subject improvements prior to CITY and COUNTY performing any of the following steps listed in this section. COUNTY will communicate in writing to CITY its determination in this matter. After COUNTY has made its determination, and if directed by COUNTY, CITY shall conduct a public hearing to provide affected citizens an opportunity to comment on CITY's proposed new use of the subject improvements. After these steps have been completed, COUNTY, at its option, may require that CITY comply with one of the following:
(1) Reimburse COUNTY in an amount equa! to the Grant funds expended for this Activity or its "proportionate share" of the current "Fair Market Value" (as defined by the California Code of Civil Procedure, Part3, Title 7, Chapterg, Article4, Section 1263.320) of all real property andior improvements for which Grant assistance was provided pursuant to this Agreement, whichever is more. "Proportionate share" is that amount equivalent to COUNTY's percentage contribution toward the total acquisition, design, construction or other cost(s) of the Activity, as described in Schedule "A" of this Agreement, or (2) Offer the improvements for which Grant funds were expended pursuant to this Agreement for sale at "Fair Market Value" and, subsequent to sale, reimburse COUNTY for its "proportionate share" of the sales price.
PARTIES shall first use good faith efforts in an attempt to agree on the "Fair Market Value". lf, however, PARTIES are unable to agree, they shall, within thirty (30) days from and after written request given by either party to the other, select an arbitrator mutually acceptable to both PARTIES. The arbitrator shall render an advisory decision as to the "Fair Market Value" of the real property and/or improvements referenced in this Agreement. The arbitrator's decision in this matter shall be nonbinding and advisory only; provided, however, that PARTIES shall, in good faith, give serious consideration to the arbitrator's decision. lf PARTIES are unable to agree with a single arbitrator within the above-referenced thirty (30) days, then each shall, within twenty (20) additional working days, appoint one (1) arbitrator and the two (2) arbitrators shall select a third arbitrator within ten (10) additional working days after both are selected. Any decision as to the "Fair Market Value" determined and jointly agreed upon by any two (2) of the three (3) arbitrators shatt be nonbinding and advisory only; provided, however, that PARTIES shall each give good faith and serious consideration to the arbitrators' decision.
All arbitrators shall be real estate appraisers who have at least ten (10) years' experience in appraising real estate in the State of California and must be either a member of the American lnstitute of Rea! Estate Appraisers, holding an M.A.l. (Member of Appraisa! lnstitute) designation, or a member of the Society of Real Estate Appraisers, holding an S.R.P.A. (Senior Real Property Appraiser), or an S.R.E.A. (Society of Real Estate Analysts) designation. PARTIES shall each pay half of the fees and necessary expenses for the arbitrators.
ln no event shall the amount reimbursed to COUNTY be less than COUNTY's total contribution toward the Activity. The Change in Use Restriction, as stated herein, shall be in effect for that period defined in Paragraph 1.f. of this Agreement.
4. COUNTY's Obliqations
a. Any regulation enacted by COUNTY to facilitate the administration of the Grant will be made available to CITY by County's Board of Superuisors or its designee. b. COUNTY shall make available to CITY, at its written request, copies of the terms of the Grant.
c. COUNTY shall cooperate fully with CITY in undertaking this Activity and process CITY invoices for payment under this Agreement with due diligence. d. COUNTY shall make available to CITY a copy of the notice which CITY may use in soliciting small and Section 3 business participation in the Grant funded work contemplated by this Agreement.
e. COUNTY shall review plans and specifications submitted by CITY and shall provide comments and approval or disapproval.
5. Laws and Requlations
a. CITY agrees to comply with the provisions of the Act, any amendments thereto, the federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to COUNTY now or hereafter in effect, and the regulations now or hereafter enacted by COUNTY to facilitate its administration of the Grant in Kern County, or any other statute, regulation or guideline applicable to the Program. CITY shall become familiar with the applicable statutes, regulations and guidelines governing the Grant program, each of which is made a part hereof and incorporated herein by this reference as if set forth in full. b. lt is agreed that all provisions of State of California law applicable to public contracts (except to the extent California law may be waived and is waived by the PARTIES) are a part of this Agreement to the same extent as if set forth herein in full and shall be complied with by CITY under this Agreement and any related agreements.
6. Records and Administration
a. ln the event CITY expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federalfinancial assistance in any single fiscal year, from all sources combined, it shall arrange at its own expense for performance of a "Single Audit" of its entire operation by an independent auditor. Such audit shall comply with the requirements and standards of OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations", including appendices; Pub. L.98-502, "Single Audit Act of 1984", as amended; 2 CFR parl2OO.425, "Non-FederalAudit"; and OMB Circular A-87, "Cost Principles for State, Local and lndian Tribal Governments"; all of which are incorporated herein by this reference as if set forth in full.
The results of the audit must be submitted to COUNTY within thirty (30) days of completion. Acceptance of CITY's audit reports by COUNTY does not prohibit COUNTY from performing any additional audit work required to follow up on findings, as deemed necessary PageT ol 26
by COUNTY, or as necessary for COUNTY to comply with any administrative or audit requirements imposed by the federal or state government. b. As a condition of receiving federal financial assistance under this Agreement, CITY agrees to comply with 2 CFR part 200.336, "Access to Records". lt is further agreed by CITY that any agreement between CITY and its independent auditor shall provide for access during normal business hours to the independent auditor's work papers by federal, state and COUNTY auditors, or their authorized agents, as may be deemed necessary to carry out their audit responsibilities. The audit agreement must also require CITY's independent auditor to retain for review purposes said audit work papers for a minimum of five (5) years from date of audit completion or until al! related audit issues are resolved, whichever should occur later. c. CITY agrees to maintain a financial management system which complies with 2 CFR part 200.302, "Financial Management", except paragraph (a). Particular reports and records that may be applicable to this Activity and require compliance by CITY are described in and attached hereto as Exhibit "D", and are incorporated herein by this reference as if set forth in ful!.
d. CITY agrees to comply with the methods and procedures for payment as outlined in 2 CFR part 200.305, "Payment", except as modified by 24 CFR part 570.513, "Lump Sum Drawdown for Financing of Property Rehabilitation Activities". e. CITY agrees to comply with the standards and requirements of 2 CFR part 200.313, "Supplies", and 2 CFR part 200.313, "Equipment", with the exception that in all cases in which the equipment is sold, the proceeds shall be considered to be Program lncome and be immediately refundable to COUNTY.
f. CITY agrees to comply with the requirements and standards of 2 CFR part 200.318, "General Procurement Standards", except paragraph (a), and2 CFR part 200.420, "Consideration for Selected ltems of Cost".
g. CITY agrees to comply with the standards and requirements of 2 CFR part 200.213, "Suspension and Debarment", and 2 CFR part 200.328, "Monitoring and Reporting Program Performance", except paragraphs (b) through (d) and paragraph (f) thereof. CITY further agrees that COUNTY has the right to monitor and supervise the administration and/or implementation of the Activity to be completed pursuant to this Agreement to help ensure compliance with the requirements of the Act as now or hereinafter amended, the federa! regulations as now or hereafter promulgated pursuant to the Act, or guidelines developed by the federal government for administering and/or implementing the Activity, or any other statute, rule, regulation or guideline applicable to the administration and/or implementation of the Grant program.
h. CITY agrees to comply with the standards and requirements of 2 CFR part 200.339, "Remedies for Noncompliance", and 24 CFR part 85.44, "Termination for Convenience". CITY also agrees that COUNTY can, by unilateral action, terminate this Agreement, with cause, by giving ten (10) days prior written notice to CITY. ln the event COUNTY determines that an intentionally false or fraudulent certified claim has or is being filed, COUNTY, in its sole discretion, may immediately terminate this Agreement and/or CITY shall reimburse COUNTY for any and all funds found to be improperly paid, as well as those
reasonable costs associated with the investigation and recovery of the contested claims and/or amounts.
i. CITY shal! be accountable to COUNTY for any and all Grant funds expended by CITY or any officer, employee, agent or representative thereof, whether or not such officer, employee, agent or representative thereof was acting within the scope of his employment.
CITY shall repay COUNTY the full amount of any improperly expended Grant funds upon demand and shall comply with the requirements of 2 CFR part 200.344, "Post-closeout Adjustments and Continuing Responsibilities". COUNTY may retain any funds of CITY in COUNTY's possession as an offset against the debt resulting from such improper expenditure.
j. CITY agrees to comply with the standards and requirements of 2 CFR part 200.345, "Collection of Amounts Due".
k. CITY shall return to COUNTY, within thirty (30) days at the end of the program year in June, all Program lncome which is directly generated by Grant funded activities during the Change in Use Restriction Period.
l. At COUNTY's sole option, COUNTY may either terminate this Agreement upon three (3) days written notice to CITY or withhold funds from the Activity if CITY is not complying with provisions of the Act, federa! regulations thereunder, terms of the Grant from the federal government to COUNTY, the regulations of COUNTY to facilitate the administration of the Grant, the terms of this Agreement, or any other statute or regulation applicable to the Program or administration thereof as determined solely by COUNTY.
Should COUNTY become subject to any claims, causes of action, costs or sanctions due to any failure by CITY or CITY's agent to comply with all applicable federal, state, and local laws and regulations, CITY hereby agrees to be solely liable for any such expenses, costs, damages and sanctions and shallfully reimburse, hold harmless, and indemnify COUNTY for any payments made or funding lost by COUNTY and COUNTY's expenses related thereto, including COUNTY's costs.
7. Use Restriction Monitorinq
Beginning approximately one year after the date of the filing of the Notice of Completion and resolution of all monitoring findings, CITY shall provide COUNTY a Monitoring Letter regarding the physical condition and usage of the improvements constructed with Grant funds pursuant to this Agreement for the purpose of determining compliance with the change in use restriction during the period defined in Paragraph 1.f. herein. The purpose of the Monitoring Letter is to ensure that the Grant funded improvements continue to be properly maintained and utilized for their origina! eligible use or for another Grant use approved by COUNTY in accordance with applicable regulations found at 24 CFR part 570.201.
The Monitoring Letter shal! consist of a written description of the physical condition of the improvements; any maintenance performed on the improvements during the past twelve (12) months; and any proposed changes in the future use of the improvements. Said Monitoring Letter shall be signed by the City Manager/Administrator or his/her designee.
CITY shall submit the Monitoring Letter to COUNTY by no later than June 30 of each year.
COUNTY may elect to conduct a visual inspection of the improvements and shall notify CITY at least two (2) weeks in advance of each monitoring visit.
A determination regarding continued compliance and/or any related findings, conditions or sanctions shall be made and communicated in writing to CITY by COUNTY following review of the annual monitoring letter or each monitoring visit.
Assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts, or othennrise engage the services of, or fund any contract or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 2 CFR part 180.
9. PoliticalActivity
CITY agrees that no Grant funds shall be expended to finance any political activity in contravention of the Hatch Act of 1939, as amended, 5 U.S.C. 15 et seq.
10. Prohibited Use of Federa! Funds for Lobbyinq
CITY certifies, to the best of its knowledge and belief, that no federally appropriated funds have been paid or will be paid, by or on behalf of CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
lf any funds, other than federally appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, CITY shal! complete and submit, in accordance with its instructions, Standard Form-LLL, "Disclosure of Lobbying Activities", attached hereto as Exhibit "E" and incorporated herein as if set forth in ful!.
CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under any federal grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
11. Use of Grant Funds for Reliqious Purpose
CITY agrees that no Grant funds shall be expended for the design, construction, operation, or maintenance of any facility used for inherently religious activities.
8. Use of Debarred. Suspended or lnelioible Contractors or Subrecipients
12. Prohibited lnterest of Officials and Emplovees
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer or employee of CITY, or its designees or agents, no member of the Board of Supervisors of COUNTY or any other public official who exercises any functions or responsibilities with respect to the Program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. CITY shall incorporate or cause to be incorporated, in all contracts or subcontracts, relating in any manner to this Agreement, a provision prohibiting such interest.
The PARTIES to this Agreement have read and are aware of the provisions of section 1090 et seq. and section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. A!! PARTIES hereto agree that they are unaware of any financial or economic interest of any public officer or employee of COUNTY relating to this Agreement. !t is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, COUNTY may immediately terminate this Agreement by giving written notice thereof. CITY shall comply with the requirements of Government Code, section 87100 et seq., during the term of this Agreement.
13. Federal Labor Standards and State Labor Code Provisions Except with respect to the rehabilitation of residential propefi designed for residentia! use for less than eight families, CITY and all contractors engaged under contracts for the construction, alteration, and/or repair of any building or work financed in whole or in part with federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the U. S. Department of Labor under 29 CFR parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CITY of its obligation to require payment of higher rates. Further, if the requirements of HUD and of the State of California are different in regards to matters including, but not limited to, hours of labor, payroll records, apprentices, workers' compensation, and suits to recover penalties and forfeitures, CITY shall comply with the more restrictive provision.
CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the "Federal Labor Standards Provisions" clause, or any modification thereof, set out in Exhibit "F" attached hereto and incorporated herein by this reference as if set out in full. CITY shall comply with the procedures set out in HUD Handbook 1344.1, "Federa! Labor Standards Compliance in Housing and Community Development Programs", as amended, which is incorporated herein by this reference as if set forth in full.
CITY shall also cause or require to be inserted in full, in all contracts subject to State Labor Code regulations, the "State of California Labor Code Requirements" clause, or any modification thereof, set out in Exhibit "G" attached hereto and incorporated herein by this reference as if set out in full.
No awards of contracts covered under this section of this Agreement shall be made to any contractor who is ineligible under the provisions of any applicable regulations of the U. S.
Department of Labor and/or the State of California Department of lndustrial Relations - Division of Labor Standards Enforcement to receive an award of such contract.
14. NondiscriminationRequirements
CITY is subject to al! applicable requirements of the following Acts, promulgations and regulations with respect thereto:
a. Title Vl of the Civil Rights Act of 1964 (Pub. L. 88-352) and the regulations issued pursuantthereto (24 CFR part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. Where the federal financial assistance is to provide or is in the form of personal property or real property interest therein or structures thereon, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, via the instrument effecting any disposition by the applicant or transferee, in the case of a subsequent transfer, of such real propefi, structures or improvements thereon, or interests therein, to require a covenant running with the land assuring nondiscrimination for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the applicant retains ownership or possession of the property, whichever is longer. Under this assurance the United States shall have the right to seek its judicial enforcement. CITY is required to take all measures necessary to effectuate this Title in the manner set forth in Section 1.5 of the above-mentioned regulation, a copy of which is attached hereto as Exhibit "H" and incorporated herein by this reference as if set forth in full. b. Title Vlll of the Civil Rights Act of 1968 (Pub. L.90-284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and requiring action to affirmatively further fair housing in the sale, lease or rental of housing, the financing of housing, and the provision of brokerage services within COUNTY's jurisdiction.
c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR part 570.602), which provide that no person in the United States shall on the grounds of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11063, as amended, and the regulations issued pursuant thereto (24 CFR part 107) which require that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof where such propefi or facilities are owned or operated by the federal government, or provided with federal assistance by HUD, and in the lending practices
with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by HUD.
15. Equal Emplovment Opportunitv
During the implementation of this Activity and during subsequent operation of any facility assisted pursuant to this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
CITY shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by COUNTY and/or HUD setting forth the provisions of this nondiscrimination clause. CITY shall state, through such nondiscrimination clause, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
Government contracts. Except as otherwise provided for in Parts ll, lll and lV of Executive Order 11246, dated September 24, 1965, as amended, and in attendant Code of Federal Regulation provisions, CITY shall require to be included in each U. S. Government contract entered into by CITY and modification thereof if not included in the original contract, the "Equal Opportunity" clause contained in Section 2O2 of Executive Order 11246 (48 CFR parl52.222 - 26), as amended, and set out in Exhibit "1", attached hereto and incorporated herein by this reference as if set forth in full.
CITY agrees that it shal! assist and cooperate actively with COUNTY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish COUNTY, HUD and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist COUNTY and HUD in the discharge of their primary responsibilities for securing compliance.
CITY agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24,1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to Part ll, Subpart D of the Executive Order. ln addition, CITY agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this Grant (contract, !oan, insurance, guarantee); refrain from extending any further assistance to CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such; and refer the case to the Department of Justice for appropriate legal proceedings. 16 "Section 3" Comoliance in the Provision of Trainino. Emolovment. and Business Opportunities for Lower
-lncome Persons
CITY is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at24 CFR part 135, and any applicable rules and orders of HUD issued thereunder. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted Activities covered by Section 3, shal!, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.
CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed, in whole or in part, with assistance provided under this Agreement, the Section 3 clause entitled, "Economic Opportunities for Low- and Very Low-lncome Persons", and set forth in Exhibit "J", attached hereto and incorporated herein by this reference as if set forth in ful!.
CITY itself, during its implementation of this Activity shall, to the greatest extent feasible, seek out and attempt to award contracts to Section 3 business concerns for the business opportunities generated on this federally funded Activity.
CITY shall provide such copies of 24 CFR part 135 as may be necessary for the information of the parties to contracts required to contain the Section 3 clause.
17. Small Business Concerns
CITY is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, the HUD applicable regulations issued pursuantthereto at48 CFR, part 19, and any applicable rules and orders of HUD issued thereunder requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small business concerns in order to preserve free competitive enterprise; and placement with small business concerns of a fair proportion of the totalfederally funded purchases and contracts for property and services.
CITY shall implement the specific small business policies herein below stated in order to further applicable requirements of the Small Business Act:
a. Small business concerns shall be afforded an equal opportunity to compete for prime contracts and subcontracts. The "Utilization of Small Business Concerns" clause (48 CFR part 52.219-8) set forth in Exhibit "K", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in al! contracts in connection with this Activity in amounts which may exceed the simplified acquisition threshold, currently set at ONE HUNDRED THOUSAND DOLLARS ($t00,000) except (i) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, and (ii) contracts for services which are personal in nature. The "Small Business Subcontracting Plan" clause (48 CFR part 52.219-9) set forth in Exhibit "L", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000) and which, in the opinion of COUNTY, offer substantial subcontracting possibilities.
b. Bidders' mailing lists shall include established and potential qualified small business concerns.
c. lnvitations for bids or requests for proposals shall be sent to all firms on the appropriate mailing list except that where use of less than a complete list is appropriate a pro rata number of small business concerns shall be solicited. d. Proposed procurements and contract awards shall be publicized in accordance with these policies.
e. Procurement of property and services shall be divided into reasonably small lots (not less than economic production runs) in order to permit bidding on quantities less than the total requirements.
f. The maximum amount of time practica! shall be allowed for preparation and submission of bids and proposals.
g. Delivery schedules shall be established on a realistic basis which will encourage small business participation to the extent consistent with the actual requirements of the Small Business Act.
h. Applicable specifications, plans, and drawings either shall be furnished with invitations for bids and requests for proposals or, when not so furnished, information as to locations where they may be obtained or examined shall be furnished. i. ln the event of equal low bids, awards shall be in accordance with 48 CFR part
14.408-6, "Equal Low Bids".
j. Subcontracting to enrollsmall business concerns shall be encouraged k. Placement of small purchases (amounts under TWENTY FIVE THOUSAND DOLLARS [$25,000]) with small business concerns shall be encouraged. !. Small business concerns seeking Federal contracts, but found to lack qualifications as prime contractors, should be referred to COUNTY and the Small Business Administration for assistance as may be appropriate.
m. Offers from small business concerns otherwise qualified to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Act, 41 USC 35 et seq., shall be referred to COUNTY and Smal! Business Administration for possible certification of eligibility to receive and perform the contract.
n. To the extent practicable, work to be performed which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss shall be placed so that more than one small business concern may perform the work. o. A small business concern otherwise qualified to receive and perform specific federal contracts but determined to be non-responsible may be certified to be competent by the Small Business Administration under the provisions of the Small Business Act.
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To facilitate the participation of small businesses in CDBG funded contracts, PLNR has developed a Small Business Affirmative Action Plan designed to catry out the procurement standards found at 2 CFR 200.321. A copy of the Plan is available upon request from COUNTY Planning and Natural Resources Department.
CITY agrees that the "Small Business Participation Requirements" clause set forth in Exhibit "M", attached hereto and incorporated herein by this reference as if set forth in full, shal! be included in all contracts in connection with this Activity for goods, services, and construction involving CDBG funding of more than the simplified acquisition threshold fixed at 41 U.S.C. 403 (1 1) (currently set at $100,000).
CITY further agrees that the "Small Business Subcontracting Program" clause set forth in Exhibit "L", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000) and should be included in all contracts which may not exceed FIVE HUNDRED THOUSAND DOLLARS ($S00,000) but which, in the opinion of COUNTY and HUD, offer substantial subcontracting possibilities.
18. Nondiscrimination on the Basis of Aqe
CITY is subject to the Age Discrimination Act of 1975, as amended, (Title lll, Pub. L. 94-135) and attendant regulations at 24 CFR part 146, which prohibits, except as otherwise provided, that any person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. CITY is also subject to the Age Discrimination in Employment Act of 1967 addressing age discrimination in employment for persons between the ages of forty (40) and seventy (70) years. 19, Uniform Relocation Assistance and Real Propertv Acquisition Policies Act of 1970 COUNTY and CITY will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of '1970, as required under 24 CFR part 570.606(b) and Department of Transportation implementing regulations at 49 CFR part 24; lhe requirements in 24 CFR part 570.606(c) governing the residential anti-displacement and relocation assistance plan under Section 104(d) of the Housing and Community Development Act of 197a (Act) and displacement under Section 104(k) of the Act, and HUD implementing regulations at 24 CFR Parl42; and COUNTY may, at COUNTY's option, comply with the relocation requirements of 24 CFR part 570.606(d) governing optional relocation assistance under Section 105(a)(1 1) of the Act.
20. Rehabilitation Act of 1973 and Nondiscrimination Based on Handicap CITY is subject to the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 (Pub. 1.93-112), as amended (29 USC 793 and 29 USC 794, respectively) and attendant regulation at 24 CFR 570.602, which provide that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. CITY shall cause or require to be
inserted in full, in all such contracts subject to such regulations, the clauses, or any modifications thereof, set out in 48 CFR par|52.222-36, attached hereto as Exhibit "N" and incorporated herein by this reference as if set forth in full.
21. Americans with Disabilities Act of 1990
Grant subgrantees and subrecipients agree to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, and any regulations issued pursuant thereto, which prohibits, at Title ! thereof, discrimination by any employer, employment agency, or labor organization against any qualified individual with a disability in regard to any term, condition, or privilege of employment; makes applicable, at Title Il thereof, the prohibition against discrimination on the basis of disability to all programs, activities and services provided or made available by state and local agencies or instrumentalities or agencies thereof, or by public entities that provide public transportation; prohibits, at Title lll thereof, discrimination against disabled persons by privately operated public accommodations and in public transportation services provided by private entities; and which, at Titles lV and V thereof, makes further provisions against discrimination against disabled persons.
22. Architectural Barriers Act of 1968
CITY is subject to the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 - 4157 (Uniform Federal Accessibility Standards (UFAS)), and the regulations issued pursuant thereto (41 CFR part 102-76.25(b)), which require, except as otherwise provided, that all new construction and major renovations, provide full access to and use of Federallycontrolled facilities for physically impaired persons as required by the UFAS or the ADA Accessibility Guidelines, whichever is more stringent. Minor renovations in existing buildings shall meet minimum UFAS requirements. A more detailed explanation of these standards can be found in 36 CFR parts 1190 and 1191. CITY shall be responsible for compliance with the requirements of the Act during the design and construction and for the life of any improvements to be constructed as part of the Activity, as defined herein. COUNTY shall have the right, at all reasonable times, to review construction plans and conduct inspections of the Activity to determine if CITY is complying with these specifications.
23. Equal Opportunity for Special Disabled ns, Veterans of the Vietnam Era and Other Eliqible Veterans
CITY shall comply with 48 CFR par|22.13 et seq., and shall take affirmative action to employ, advance in employment and othenryise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based on their disability or veteran's status. ln all contracts or agreements of TWENTY-FIVE THOUSAND DOLLARS ($25,000) or more relating to this Agreement, CITY shall include or cause to be included the "Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans" and the "Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans" clauses and the "Compliance with Veterans' Employment Reporting Requirements" provision set out in Exhibit "O", attached hereto and incorporated herein by this reference as if set forth in full.
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24. EnvironmentalConsiderations
ln order to assure that the policies of the National Environmental Policy Act of 1969 ("NEPA"), as amended, and the California Environmental Quality Act of 1970 ("CEQA"), as amended, are most effectively implemented, COUNTY shall comply with HUD Environmental Review Procedures (24 CFR part 58) leading to environmental clearance for particular activities, and the CEQA review procedures (Title 14, Section 15000 et seq. of the California Code of Regulations) in connection with this Activity. ln order to assure that the policies of NEPA and CEQA are carried out, CITY shall be responsible for complying with all conditions/mitigation measures specified during the environmental review process, all as more fully described in Schedule "A" attached hereto.
25. Historic Preservation
CITY must take into account the effects of a project on any prehistoric or historic district, site, building, structure, or object listed in, or eligible for inclusion in, the National Register of Historic Places maintained by the National Park Service of the U. S. Department of the lnterior. The National Register "Criteria for Evaluation" (36 CFR part 60.4) was established by the Secretary of the Interior, CITY shall make every effort to avoid, minimize, or mitigate any adverse effects on historic properties. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 USC 470f), Pub. L.89-665; Executive Order 11593, Protection and Enhancementof the Cultura! Environment (May 13, 1971); the Advisory Council on Historic Preservation (26 CFR part 800); and Section 3 of the Reservoir Salvage Act of 1960, (Pub. 1.86-523), as amended by the Archaeological and Historic Preservation Act of 1974, (Pub. L.93-291), (16 USC 469a1), and their attendant implementing regulations. 26 Compliance with C n Air and Water Acts
CITY is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 el seq., including the regulations of the Environmental Protection Agency at 40 CFR parts 6, 51, and 93; the FederalWater Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972,33 USC 1251 et seq., and later enactments; and Executive Order 11738 dated September 10, 1973. CITY, also, agrees to comply with Executive Order 12088, relating to the prevention, control, and abatement of water pollution. ln no event shall any amount of assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the FederalWater Pollution ControlAct.
27. Flood Disaster Protection
CITY is subject to the requirements of the FIood Disaster Protection Act of 1973 (Pub.
L. 93-234) which prohibits Federal financial assistance for acquisition or construction purposes, as defined under Section 3(a) of said act, for Activities within special hazatd areas previously identified, ("ldentified Area"), by the Director of the Federal Emergency Management Agency ("FEMA"), unless the ldentified Area is in a community participating in the national flood insurance program and subject to the mandatory purchase of flood
insurance requirements of said act. The PARTIES to this Agreement agree that the Project described in Schedule "A", attached hereto, is not located in an ldentified Area.
Any contract for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Director of FEMA as having special flood hazards and in which the sale of flood insurance has been made available underthe National Flood lnsurance Act of '1968, as amended, 42 USC 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.
ln its compliance with the Flood Disaster Protection requirements of this Agreement, COUNTY hereby agrees to comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards.
CITY agrees to indemnify, defend, and hold harmless COUNTY and its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, expert fees, fees of County Counsel, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CITY or CITY's officers, agents, employees, independent contractors, sub-contractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and persona! injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CITY by any person or entity.
CITY acknowledges that CITY, and all contractors hired by CITY to perform services under this Agreement, are aware of and understand the lmmigration Reform and ControlAct ("lRCA"). CITY is and shal! remain in compliance with the !RCA and shall ensure that only contractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. ln addition, CITY agrees to indemnify, defend, and hold harmless the County, its agents, board members, elected and appointed officials and officers, employees, volLrnteers, and authorized representatives, from any liability, damages or causes of action arising out of or relating to any claims that CITY's employees or the employees of any contractor hired by CITY, are not authorized to work in the United States for CITY or its contractor and/or any other claims based upon alleged IRCA violations committed by CITY or its contractor(s).
29. !nsurance
CITY in order to protect COUNTY and its board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CITY's actions in connection with the performance of CITY's obligations, as required in this
28. lndemnification
Agreement, shall secure and maintain insurance as described below. CITY shall not perform any work under this Agreement unti! CITY has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the COUNTY's authorized insurance representative, lnsurance Tracking Services lnc. (!TS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, CITY shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwrite(s) and their company to the coverage, limits and termination provisions shown thereon. The CITY shall promptly deliver to ITS a certificate of insurance, and al! required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. CITY shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CITY or COUNTY as an additional insured.
a. Workers' Compensation and Employers' Liability lnsurance Requirement - ln the event CITY has employees who may perform any services pursuant to this Agreement, CITY shall submit written proof that CITY is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
CITY shall require any contractor or sub-contractor to provide workers' compensation for all of the contractor's or sub-contractor's employees, unless the contractor's or sub-contractor's employees are covered by the insurance afforded by CITY. lf any class of employees engaged in work or services performed under this Agreement is not covered by Labor Code section 3700, CITY shall provide andior require each contractor or sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.
CITY shall also maintain employers' liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
Liability lnsurance Requirements:
1. CITY shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability lnsurance including, but not limited to, Contractua! Liability lnsurance (specifically concerning the indemnity provisions of this Agreement with the County), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CITY's performance of work under this Agreement. The Commercial General Liability insurance shal! contain no exclusions or limitation for independent contractors working on the behalf of the named insured. CITY shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement.
The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars b
($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(b) Automobile Liability lnsurance against claims of Personal lnjury (including bodily injury and death) and Property Damage covering al! owned, leased, hired, and non-owned vehicles used in the performance of services pursuant to this Agreement with combined limits for Bodily lnjury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
(2) The Commercial General Liability and Automobile liability lnsurance required herein shall include an endorsement naming the COUNTY and COUNTY's board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such otherforms which provide coverage at least equal to or better than form CG 201011 85.
(3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of lnsurance or other documentation provided to COUNTY and must be approved by the COUNTY Risk Manager.
(4) lf any of the insurance coverages required under this Agreement is written on a claims-made basis, CITY at its option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than three (3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy. c. Cancellation of Insurance
-
The above stated insurance coverages required to be
maintained by CITY shall be maintained until the completion of all of CITY's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by the CITY must be endorsed to provide that the coverage shall not be suspended, voided, cancelled or reduced in coverage or in Iimits except afterten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. Such notice shall be by certified mai!, return receipt requested. This notice requirement does not waive the insurance requirements stated herein. CITY shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. d. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum of a "A-; Vll" rating. Any exception to these requirements must be approved by the COUNTY Risk Manager.
e. If CITY is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, CITY shall provide coverage equivalent to the insurance coverages and endorsements required above. COUNTY will not accept such coverage unless COUNTY determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CITY is equivalent to the above-required coverages.
f. All insurance afforded by CITY pursuant to this Agreement shall be primary to and not contributing to all insurance or self-insurance maintained by COUNTY. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shal! waive any right of recovery (waiver of subrogation) against the COUNTY.
g. lnsurance coverages in the minimum amounts set forth herein shall not be construed to relieve CITY for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude COUNTY from taking such other actions as are available to it under any other provision of this Agreement or othennrise in law. h. Failure by CITY to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CITY. COUNTY, at its sole option, may terminate this Agreement and obtain damages from CITY resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CITY, COUNTY shall deduct from sums due to CITY any premiums and associated costs advanced or paid by COUNTY for such insurance. lf the balance of monies obligated to CITY pursuant to this Agreement is insufficient to reimburse COUNTY for the premiums and any associated costs, CITY agrees to reimburse COUNTY for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by COUNTY to take this alternative action shall not relieve CITY of its obligation to obtain and maintain the insurance coverages required by this Agreement. i. Subcontractor Requirements
(1) lf CITY hires a consultant to provide professional services, such as architectural or engineering services under this Agreement, CITY shall require its consultant to provide Professional Liability (Errors and Omissions) lnsurance, for liability arising out of, or in connection with, the performance of all required services under this Agreement, with coverage equal to the policy limits which shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
(2) During the construction of the Activity, CITY shall require that all cbntractors hired by CITY to perform work on the Activity Premises maintain the following insurance coverages at all times during the performance of said work:
(a) Commercial General Liability lnsurance including Products-Completed Operations Hazard, Personal lnjury (including bodily injury and death), and Property Damage for liability arising out of Contractor's performance of work. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate. (b) Automobile Liability lnsurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles, with combined limits for Page22 oi 26
Bodily lnjury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
Paragraph headings in this Agreement are used solely for convenience, and shal! be wholly disregarded in the construction of this Agreement.
The Recitals listed at the beginning of this Agreement are hereby incorporated into this Agreement.
No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.
31. Successors and Assiqns of COUNTY
This Agreement shall be binding upon and inure to the benefit of the successors to or assigns of COUNTY.
32. Liens and Encumbrances
Without the prior consent of COUNTY, CITY shall not transfer, pledge, hypothecate, or encumber the Activity property during the Change in Use Restriction Period.
33. Assiqnment d Sublettinq
CITY shall not assign any right, title or interest it may acquire by reason of this Agreement nor sublet any Activity premises except upon first obtaining the written consent of COUNTY.
34. Concurrent Remedv
No right or remedy herein conferred on or reserved to COUNTY is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
35. Non Waiver
No covenant or condition of this Agreement to be performed by CITY can be waived except by the written consent of COUNTY. Forbearance or indulgence by COUNTY in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by CITY. A waiver of one covenant or condition by COUNTY does not grant or imply a waiver of any other covenant or condition to be performed by CITY. COUNTY shal! be entitled to invoke any remedy available to COUNTY under this Agreement or by law or in equity despite said forbearance or indulgence.
30. Captions and lnterpretation
36. lncorporation of Prior Aoreements and Amendments
This Agreement, including al! attachments hereto and any reference to pertinent federal or State laws and regulations, contains the entire Agreement between the PARTIES, relating to the services, rights, obligations and covenants contained herein and assumed by the PARTIES respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect. This Agreement may be modified in writing only, signed by the PARTIES in interest at the time of modification.
37. Severabilitv
Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shal! be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the PARTIES intended to enter into in the first instance.
38. Siqnatorv Authority
Each individual executing this Agreement on behalf of each party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding on such parg in accordance with its terms.
CITY shall, prior to Agreement execution by COUNTY's Board of Supervisors, deliver to COUNTY a copy of the resolution or minute order of CITY's governing body authorizing the execution of this Agreement.
39. Procedure to Modifv and Limitatiq Qlferm of Aqreement a. Except as otherwise provided herein, the terms of this Agreement may only be modified by the written consent of the PARTIES hereto.
b. The expiration of this Agreement shall be determined as provided in Paragraph
1.9. of this Agreement.
40. Execution
This Agreement is effective upon the date indicated herein above. !t is the product of negotiation and all PARTIES are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shal! not apply to the interpretation of this Agreement.
42. Notices
Notices shall be sufficiently given hereunder if personally served upon the Clerk of the Board of Supervisors of the COUNTY or the Clerk of the CITY, or if sent by United States mail, postage prepaid, as follows:
directed to COUNTY, addressed to
Planning and Natural Resources Department
CIerk of the Board of Supervisors
Cou nty Administrative Center
1 1 15 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to CITY, addressed to
City Manager
City of Tehachapi
1 15 S. Robinson St.
Tehachapi, California 9356'1
43. Construed Accordinq to California Law
The provisions of this Agreement shall be construed in accordance with the laws of the State of California.
44. Venue
This Agreement has been entered into and is to be performed in the County of Kern, California. Accordingly, the PARTIES agree that the venue of any action relating to this Agreement shall be in the County of Kern.
45. Opinions and Determinations
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, discretion, option, or determination of either COUNTY or CITY, such terms are not intended to be and shall not be construed as permitting such opinion, judgment, approval, review, discretion, option, or determination to be arbitrary, capricious, or unreasonable.
46. No Third Partv Beneficiaries
It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement, shall be strictly reserved to COUNTY and CITY. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. lt is the express intention of COUNTY and CITY that any such person or entity, other than COUNTY and CITY, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
lN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective officers and agents hereunto duly authorized as of the day and year first above written.
/APPROVED AS TO CONTENT:
Planning and Natural Resources Department
COUNTY OF KERN
BY BY
Lorelei H. Oviatt, AICP, Director Chairman, Board of Supervisors Printed Name
,COUNTY"
APPROVED AS TO FORM
Office of County Counsel
CITY OF TEHACHAPI
BY BY
Brian Van Wyk, Deputy
Printed Name
lnsert Title
"clTY"
R:\AFC\PROJECTS\20-Tehachapi\15.1 City of Tehachapi Northside Neighborhood\Agreement.doc
Brian Van $flfi
Title
CD Activity # 20.21.1 - City of Tehachapi Northside Neighborhood lmprovements (Phase III) Proiect Purpose
This Project is intended to rehabilitate existing sidewalks, alleyways and improve pedestrian access in the low to moderate income Northside neighborhood, located within the City of Tehachapi, CA (CITY).
Original Project scoping completed in for the first phase identified the need for the project. The second phase of the Project will expand and further enhance pedestrian access and general accessibility in the area for residents of the low-income community.
Proiect Description
The second phase of the Project consists of design and construction and construction of additional curb, gutter, sidewalk drive approaches and related improvements within the Northside Neighborhood, a low income qualified area located within the City limits, generally located north of the Union Pacific Rail Line, Tehachapi Boulevard, south of the Tehachapi Municipal Airport, west of Hayes Street and east of Mill Street within Census Tract No. 61, Block Group No.4. The Project implementation area is bounded by Green Street, from H Street to Commercial Way (most northerly extent of improvement area), east and west J Street (extended north boundary), East and West H Street (south), from North Curry Street (west) and to N. Mojave Street (east).
Activitv Description
The Project may include the following activities: mobilization/demobilization, traffic control, clearing, stripping, grubbing, sawcut existing services, installation of concrete curb, gutter and sidewalk, new ramps and refurbishment of existing ramps, drive approaches and the relocation of utilities, trees, power poles, signage and other obstructions located in the right-of-way (ROW) as needed.
Proiect Cost Estimate
The total amount of GRANT funds committed by the County of Kern ("Coung" or "COUNTY") to the Project is ONE HLTNDRED SIXTY SIX THOUSAND FIVE HIINDRED DOLLARS ($166,500).
Individual line items and payment responsibilities within the following detailed cost estimate for GRANT funds may be modified under authority of the County's Planning and Natural Resources ("PLNR") Director provided that the total amount of GRANT funds committed does not exceed ONE HUNDRED SIXTY SIX THOUSAND FIVE HLINDRED DOLLARS ($166,500). In addition, CITY shall be responsible for all other costs related to this Project in excess of the GRANT amount and pursuant to the Agreement.
Construction COUNTY
GRANT
Funds
CD Activity
#20.18.1
CITY AND
Other
Funds
TOTAL
Mobil ization/Dem obil ization $20,000 $o $20,000
Construction Surveying and Staking $4,000 $o $4,000
Traffic Control $2,500 $o $2,500
Sawcut $4oo $o $400
Demolition $7,500 $o $7,500
Hot Mix Asphalt Repair $3,000 $0 $3,000
Concrete Sidewalk $56,500 $o $56,500
Concete Access Ramp $4,500 $o $4,500
Construction COUNTY
GRANT
Funds
CD Activity
#20.18.1
CITY AND
Other
Funds
TOTAL
Residential Drive Approach $21,525 $o $21,szs
Relocate Existing Street Signs $2,500 $o $2,500
Clear & Grub $4,000 $o $4,000
Sch A Construction Total $126,425 $o $126,425
Design/Other Costs $12,800 $0 $12,800
Contract Managemenu HUD Monitoring $12,900 $0 $12,800
Escalation $7,600 $o $7,600
Advertising/Bidding $4,000 $o $4,000
Contingency $2,875 $e,e25 $12,800
Construction lnspection $o $1 9,1 00 $1 9,1 00
Tota! Project Costs $166,500 $29,025 $195,525
Other Provisions
The following provisions apply to this Activity: l) For the reimbursement of CITY staff overhead costs (at CITY's option), CITY will submit to COTNTY a cost allocation plan pursuant to OMB Circular A-87 for Community Development Divison review and approval.
Beneficiaries
This Project is eligible for grant funding pursuant to 24 CFR Part 570, Subpart C, Section 570.208(a)(l)(i) - Activities to benefit residents of a low to moderate income area. The project qualifies on an area-wide basis and will benefit 1,145 residents 82.1% of whom have low to moderate incomes (HUD 2017 LMISD).
Anticipated lmplementation Schedule
It is agreed between the COUNTY and CITY that time is of the essence in the implementation of the Activity described in this Agreement. CITY shall implement the Project in an expeditious manner and otherwise conform to the following time schedule:
Cumulative time is from date of approval of Schedule A:
a)
b)
c)
d)
e)
f)
s)
h)
i)
i)
k)
COUNTY draft agreement...... ..Week 2
CITY ENGINEER revises Plans/Specifications and submit to County for review...Week 2 COLJNTY counsel approves agreement as to form ....Week 4 COLTNTY completes final review of Plans/Specifications. ....Week 4 CITY reviews and approves agreement... .... ............Week 7 COLfNTY executes agreement. .Week I I
CITY completes Bid Advertising............ .......Week 15 CITY conducts Bid Opening..... ..Week 16
COLTNTY reviews Bids........... ...Week 2l
CITY awards Contract ................Week22
Begin construction ....Week 24
D Complete construction
m) CITY submits Notice of Completion
......Week 33
......Week 41
Environmental Clearance: The project activities were found to be exempt from NEPA and an environmental clearance and the transimittal of Request for Release of Funds to HUD was authorizedby the Board on August 76,2076. An Authority to Use Grant Funds was issued for the Project by HUD on September 7,2016.
As to the environmental review and applicability of Section 24 CFR 58.47 - Re-evaluation of Environmental Assessments and Other Environmental Findings, on June 28, 2019, a re-evaluation the previous environmental assessment was conducted for the current Project Phase (Phase II) in order to proveed with the inclusion of an additional phase of activities. The following Project related determinations were made per that review:
1) The Project will not result in any new or substantial changes to the scope of activities previously considered.
2) The Project will not result in any circumstances or environmental conditions, new or otherwise, that would affect the project or have a bearing on its impact such as concealed or unexpected conditions discovered during the implementation of the project or activity which is proposed to be continued.
3) The original findings of the environmental clearance remain valid and all project related activities are categorically excluded, per 24 CFR 58.35(aXl) from further review.
Nationa! Environmental Policv Act (NEPA)
As to the environmental review and applicability of Section 24 CFR 58.47 for CD Activity No. 20.2 I . 1 ,
the
review is maintained in the associated Planning and Natural Resources Department - Community Development Division Project file.
The original Environmental Review Record (ERR) for CD Activity No. 20.15.1 is maintained in the Planning and Natural Resources Department - Community Development Division for Fiscal Year 2015- 2016, it contains:
1. 24 CFR Part 58 Environmental Review (2015);
2. Environmental Determintaion (CEST) cannont convert to exempt and Request for Release of Funds Documentation including Board of Supervisors action to request project funds; and
3. Authority to Use Grant Funds issued by HUD.
The Reevaluation file for CD Activity No . 20.21.1 contains a facsimile copy of the Community Development Division file for Fiscal Year 2015-2016 projects.
M itiqation Measu res/Praieqtlandillrans
The following mitigation measures and/or conditions, included as part of the original review and hereby incorporated into the current Project Plans and Specifications and are to be complied with, as required, pursuant to the completed "Worksheet A". The CITY shall be responsible for notification of the COLINTY should any subsequent project modifications proposed affect the environmental clearance for the project. l. Southern California Gas (So. Cal Gas) has recommended the inclusion of the following conditions in order to avoid any potential impacts to its facilities:
At least two business days prior performing any excavation work, the project contractor/developer shall contact the Under Ground Service Alert at 8l l, in order to allow for coordination with service providers and owners, in order to mark the locations of buried utility owned lines. ln the event that it is determined that proposed project would require So Cal Gas to abandon and/or relocate or otherwise modifu any portion of its existing gas lines, So Cal Gas respectfully requests that the proponent/developer coordinate with the service provider by calling (800) 427-2000 to follow up on the matter.
2. ln the unlikely event that that cultural and historical resources are discovered during implementation of the undertaking, further consultation with SHPO would be required pursuant to 36 CFR Part 800.13(b) prior to further ground disturbance. All work within 100 feet of the find shall halt until the find can be evaluated for any historic and/or cultural resources.
3. Construction related activities which generate excessive noise shall be restricted to those periods of the day when persons are not likely to be disturbed by temporary increases in noise. Construction related noise generating actions shall be limited from the hours of 8 a.m. to 5 p.m. on weekdays and 9 a.m. to 4 p.m. for work conducted during on any weekend or holidays.
4. Prior to undertaking any construction related activities, the following condition of the project shall be satisfied:
ln compliance with CFR Title l4 Part 77 .9, where the installation, construction and/or relocation ofany structures in excess of 10 feet in height is required, and factors under the FAA notification criteria are triggered, the FAA shall be notified prior to undergoing any construction in compliance with CFR Title l4 Part77.9. To fulfill this requirement, the City of Tehachapi shall be responsible for submitting Form 7460-1, Notice of Proposed Construction or Alteration and may be obtained at http://forms.faa.gov/formslfaa740-l.pdf, prior to further implementation of the Project.
California Environmental Qualitv Act (CEQA)
The County of Kern completed a CEQA exemption for the project on June 28,2019. The Project activities qualify for a Class I Categorical Exemption and the project is therefore exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. Ail documentation pertaining to the CEQA clearance of the Project has been entered into the ERR file.
R:\PLANNINC\Bell\City of Tehachapi90.2l.l City of Tehachapi N Sidewalk lmprovements\Schedule A_2021_l.docx WTHHELD CONTRACT FUNDS CERTIFICATTOt{
Public Contract Code Section22fi0 requirea the indusion ln invi&ations fs publb agency bids and in public agoncy contracts a provision which will, at the expense of the oontractor, permit the substitution of securities of equal value for any@nstruction progrees monies wlthheld to ensuro performance under a contract. Therefore, as a contractor on Project No. entitled I do not intend to subcttuts securltles for monies withheld and thareby avail myself of the process and dghts provided in Public Contract Cde Sectlon22ilOn I do lntend to exercise my option as specified in Public Conbact Code Section ?23OA and hereby agrse b the following:
1 I wlll esbbllsh an escrow agrearnent satlsfactory to the County, with a state or federally chartered bank, wlrich shall cor{ain at a minimum provisions governing inter alla:
The amount of securitle to be deposited;
The type of securilies to be deposited, (eligible securities for deposlt are describod in Governmeril Code Seclion 18[30];
The providing of powera of attomey or othtr documentc neo*sary br the hansfer of lhe esqJrities deposlted;
The tenns ard conditions of conversion to cash to provide funds to meet defaults by Oe Conhactor induding, but not limited to, termination of the Contracbfs control over the work, stop notioes filed pursuant to lanr, ass€ssment d liquidated damages or other amounts to be kept or reilained under the provlsions of the conkact;
The decreaee in value of socuritigs on deplt; and
The Ermination of ths asctuty agreement upon completion of the oonfact ard acoeptance by the COUNTY.
I will obtaln urifien consent of the surety to any such agreement; and I will attact to each progr$s payment submitted a notarized copy of escruw instructions executed byagents thereofand on bank letterhead m proofthateucfi an account has been establlshed. Such inEhuclions wlll eet forth ttut securltles depoeited shall not be withdrawn for any purpose (with contac{or's complete and unreserved agraement) wlthout priortmitten approval bytte County of Kem with respect to the project hereln above referenccd.
a.
b.
c.
d.
e.
f.
2. 3.
Contractor
By
(Signature) Business Address
CDA-200 (July, 1S2)
(TiUe)
Place of Residence
EXHIBIT'A'
M E ETI NG LABO R STAN DARDS CONTRACT REQU I REM ENTS
PRECONSTRUCTION CHECKLIST FOR CONTRACTORS
A. lntoduction
The following checklist has been prepared to assist contrac'tors and subcontnactors in meeting their contactual labor standards responsibilities under federally assisted construction projects. All major adminisbative and procedural activities haw been covered in the sequence theywlll occuras the construction project proceds. Careful attention to and use of the checklist should result in a minimum number of problems wlth respectto labor standards.
B. Explanatorv Notes
The word 'Gountf can mean, as is appropriate to agreements beturcen contractlng entities; Kern County, or City, or District, or Local Development Gorporation.
The utord 'employef as used below rebrs to the project confactor, each subcontnactor, or each lower-tier subconhactor. Payrolls and other documentary evidence of compliance are required to be delivercd to the responsible County departnent for revlow. Thls dellvery proedure ls as followe:
1. Each Iowertier subcontracto.f, after careful revierv, delivers required documents to his/her respective subcontractor.
2. Each g@@g@t, after checking his/her own and those of each lowertier subcontractor, delivers required documents to the project prime contractor.
3. The g!149-g@39l, after rcvlewlng all weekly payrolls and other required documentation, including his/her orn, and correc{ing violations where neoeasary delivere all documente to the County.
NOTE: Allemployere should check eacfi of the followlng statemenE as belrB fruE. lf any statement is not true, the conhactor should contact the County for speclal guidance.
C. Before construction beoins, each employer@:
'1, rrot been debared or othenrise made ineligible to participate in any Federal or Fedenally asslsted prolect,
2. received appropriate contract provisions covering labor standards requirements.
3. reviewed and understands all labor standards contract provisions.
4. rcceived the Wage Decision which pertains to the oontract.
5. requested through the County g4g[ reoeived the minimum wage for each classification thatwill be unrking on the proiect and which was Page I of9 EXHIBIT'8"
not included on the $tage decision; has not allowed any such trade classification to work on the project befiore receiving the reques:ted minimum rvege.
6. requested and received certification on hls/her apprentioe program from the U. S. Department of Labor- Office of Apprenticeship Ul delivercd I copy thereof to the County prior to employment of apprentices on the proiect. Likewise, traine€" program oertification ftom USDOUOA, if applicable, must be so delivered.
7- registered with the California Department of lndustrialrelations pursuant to Labor Code sec{ion 1726.5, or verified that the contract is not subjec{ to the requiremenb of Chapter 1 of Part 7, Division 2 of the Labor Code
D. At oonstruction start, the emplbyer@g:
1. notified the County of the proposed construct'lon start date in writing,
2. received written Notioe to Prooeed fiom the County.
3. placed each of the folloring on a bulletin boad prominently located on the profect slte whlch can be easlly seon by he workers (and rcplaced if lost or unreadable arry time during conslructbn):
Wage Decision
Notice b Employee WH 1321)
Equal Employ,ment Opportunity is the Law
4. obtained the uorke/s name, mailing address, and SocialSecurity Number for peyroll purpoaes, beforc assigning eadr project rrorker to work,
5. obtained proof of each apprentie's individual rcgistration in an approved apprentloeshlp program from the USDOUOA.
6. informed each rirorker of:
a. his/her urork classification as it will appear on the rveekly payroll and on the projec{Wage Decision.
b. his/her duties of uork.
c. the U. S. Department of labo/s requirement on tris project that the norter is either a irumeyman, apprenti@, or laborer - lf a ioumevman, he/she is to be paid a joumeyman's minimum projectwage decision rats, or more;
lf an apprentlce, he/she is to b€ paid not less than the apprentice's rate for the trade based on his/her year of apprenticeship; or
lf a laborer, he/she is to do a labore/s work only (not use any tool or tools of a hade) and not perform any part of a journeyman's work and ls b be paid th6 laborefs minimum proJect wage declslon rate or mone.
7. understood the requirements that each laboreror mechanic who performs work on the proiect in more tlran one claseification within the same work week shall be classiflred and paid at the highest wage nate applicable to any of the work wtrictr le/she performed qlq the fullowing requirements are met:
Accurate daily time records shall be maintained. These records must show the time worked in each classifietion, tte rate of pay for each classification, and must be signed by the worftman. b. The payroll shall show the hours uorked in aach classlflcation and the wage rate paid for each classification.
c, The payroll shall be signed by the workman or a signed copy of the daily time record shall be attached thereto.
8. informed eadr worker qf his/her hourly wages (not less than the minimum v'xage rab for his/hsrwork which is stabd in the project Wage Declsion), explaining prwisions for:
time and a half for all hours uorked in excess of I in a day or 40 in a calendarwsek as provkled for in the ContractWork Hours Safety Standards Act and in the State laborCode,
b. fringe benerfiE, if any (see projst Wage Decision for any required), and
c. deductions from his/her pay.
f. informed each rrcrterthat he/she is subjeot to beirp interviewed on the job by the responsible County department, HUD, Deparbnent of Labor, or other U. S. Government lnspector, to corfirm that hls/her employer is complying with all labor requirements.
10. informed each joumeyman and each apprentics that a joumeyman must be on the job at all times nfien an apprentice is workirq.
E. Durino Constructlon, eadl employen
a
a
1. has not selecled, assigned, paid dlfferent pay rates to, hansfened, upgraded, demoted, laid off, nor dismissed any project worker because of rEce, color, religion, sex, or nationalorigin.
2. has employed all registered apprentices rcfened to him/herthrough normal channels up to the applicable ratio of apprentices to joumeymen in each tade used by the employer.
3. will maintain basic employment records acoessible to inspec'tion by the County or U. S. Govemment representative.
4. willcomply with all health and safety standads.
5. has pakJ allworkers weakly.
6. has submitted original weekly payrolls
-
a. prepared on r€@mmended Form WH€47: avaihble from:
Su perintenderyt of Documents
Govsmment Prlntng ffioe
Washington, D. C. 20/0,2
Contmctors who wish to purohase these forme are urged to enter their orders promptly because the Superintendent of Documents takes six weeks to fill orders. lt is oermissible for contmctors to reproduoe the forms.
NOTES:
Any altemate payrollform usecl should be cleared wtth the County beforc the employer startg work on a poject. A computer printout, for example, is accaptrable provlded all data ehown on the front g4g! back of Payroll Fom WH€47 is on, or lncluded wltfi, thc payrolls dcliversd to the Gounty.
Some employers place g!! project uorkers on Payroll Form WH347. The Gounty does not review those project worlcers, listed on the payroll, who perform work that ls descriptive of any of the following job titles wtrich are exempt from labor requiremenb:
foreman)
pojec't su perinten dent
project engineer
supeMsory foreman (less than 20% of time as working
meSaenger
olerical worker (timekeeper, payroll clerk, bookkeeper) b. Front page of payrol! (Form WH-347)
1) Headino (6 "blocks" of information)
i) Name of Confactor or Subcontractor. Box is marked,
whether contractor (prime) or subcontrac-tor and name of employer is stated.
ii) Address. Street address or P. O. Box, City, Stata, and Zip Code of employer is stated,
lll) Pavroll No. Each ueekly payroll is nurnbered in
sequential order starting with Payroll No. nl'.
Payroll forfinal uork week is marked "Final."
iv) ForWeek Ending, The last date of the work week is
stat€d in this'block."
v) Proiect and l.ocation. Name of project and community in $,hicftlocated.
vi) Proiect or Contract No. CD Project and/or Contract
Number.
2l l.ntemal Revenue SeMce (lRS) Emoloyer ldentification Number. The initial pay,rcll submission fuom eaoh conbac'tor and subcontractor shall contain the applicable IRSEmploye/s ldentlfication Number written in the upper right comor of Form WH-347.
3) Bodv (9 Columns of information)
i) Column 1 - Name. Address. and Social Securitv
Number of Employee (Worker). Name stated as it
appeers on pay check,
Wor*efs best mailing address and socialsecurity
number b stated on Payroll No. 1 orthe payrollon which
the worke/6 nam€ first appears.
lf worke/c address changes while working on the
prolod, hat worke/s n€w address is stated on nerd
applicable payrol!.
lf any two or more norkers have the same name, thek
sodalsecuriU numbers are lncluded on each weekly
payroll to denote separate identificatlon.
ii) Column 2 - No. of Wlthholdlno Exemotions. For
employe/s convenience - entry not required by County.
iiD Column 3 - Work Classification. Must be included as it appears on the projoctWage Decision (with Group
Number, if any), denotes the work wtrich the worker
actually performed. Stab Federal classification, ev€n
when a higher State vuage is paid.
NOTE: lf the applioable classification is not included in the Wage Decision, con&actor shonld callthe
responsible County deparUnent immed iately, 8nd
req uest claesification by Additional Oassifi cation
Process via HUD.
Aoorentice. lf worker is an apprentice, the tpe of
apprentice (Electrical, Plumbing, Cement lvhson, etc.) is included in thie column each time the apprenti@'s name
appears on a weekly payroll,
Split Classtfication. lf norker has performed more than one class of wo* during the uork woek, such as
carpenter and laborer, the dMsion of work will be shown on seoarate llnes of the payroll. An accurate dally time record must show the exact hourc of work performed
daily in each class of work, and must be signed by the
affected workman,
Eacfi class of work he/she perficrmed is stated in
Column 3 in separate "blocks,' His/her name is
ropeated in coneeponding'blocks" in Column 1,
The brsakdown of houre uorted daily under each worlc
classification is stated in Column 4, and btalfor nrcek in Column 5,
The applicable wage rab for each classifisation of uprk is stat€d in Column 6,
The payoll is slgned by the workman ln the related
"blocks" or a signed copy of the daily time records are athched to the payroll,
lf the above is not done, the wod<er must be paid at least the highest minimum urage rate of allthe classes of work performed for all hours worked.
NOTES:
Av-erage Pay.of._Two Glasses of Work is NotAcoeptable.
The employer shall not pay a'semi-journeyman" or
semi-skilled laborerthe average of joumeyman's and
labore/s rates. The actualhours each worker uses tools
of trade fioumeyman) and each hour he does not use
tools of the trade (laborer) must be recorded in separate 'blocks'in Column 3 of the payroll.
Helper. The work dassification of "hdpefl is not
accepted by tlre Department of HUD, unless included in
the Wage Decision issued by the Secretary of Laborfor
the project. Any ernployee listed as "helpe/' in absence of such classification in the Wage Decision must be paid the loumeyman's rate for houre he uees tools of the
trade.
iv) Column 4 - Dav and Date. Label the columns within
Column 4 with the days of the work ureek and the
conesponding dates of the month.
Hours Worked Each Dav:
Rour O - Overtime Hours are stabd furalltime worked
in excess of 8 hours in any day 91 40 hours in any
calendar rneek.
Row S - Straight Hours are stated foreach dayuorked
up to 8 hours in any day or 40 hours in any calendar
week.
v) Column 5 - Total Hours.
Row O - Total overtime hours worked during the work
week (sum of 7 suboolumns in Column 4).
tsgn S - Total straight hours worked during the work
nleek (sum of 7 sub'columns in Column 4), maximum of
40 hours.
vi) Column 6 - Rate of Pav.
Row O - Must not be less than 1-112limes the workefs
basic hourly rate of pay (State Labor Code) stated in
Column 6, Row S.
RotrrS -Actualwage paid, which must not be less than
the minimum wego rete for the work classlflcatlon stated in Column 3 (see FederalWage Decision and State
Prevailing Wage, use whichever is higher).
Aoorentices. lf a copy of the apprcntioe's registration cefficate from the State BAT has not been submltted to
County by employer (through the prime contractor),
apprenUce must be paid joumeyman's rate.
Piece Worker. Piece work must be stated in Column 6
at an hourly rate computed as the gross pay for the work week (work on the prcject) divided by the total number of hours urcrked on the project during the nprk urcek.
vii) Column 7 - Gross Amount Earned.
Upoer Left - Equals straight hours shown in Column 5,
Ror S times straight rate of pay shown in Column 6,
Ror S olus overtime hours (if any) shown in Column 5,
Rour O times overtime rate of pay shown in Column 6,
Row O.
Lovver Rioht- Equals gro$ amount eamed on proiect
shorn in Column 7, Upper Left olus the gross amount
eamed brall tryorked performed by uorker during the
vuork week on other projects, jobs, contractg, etc.
viii) Column 8 - Deductions. Each deduction made
(especially'Other Deductions') is required by law, or
roluntarily authorized by the wo*er in writing before the uork rveek began, or provided in a bargaining
agreement to be deducted from the reopective worke/s
pay.
Other -All deductions in this sub-column have been
specifically identified in the space provided between itern (1) and (2) on the back of Pa1rcll Form WH€47(left slde of form).
ix) CpJUnn I - NetWages Paid forWeek. Totalgross
amount eamed shown in Column 7, Lourcr Right minus
totaldeductlons shorn in Column 8.
G. Back of Payroll (Form WH-347), each employer has:
1) compbted all blank spaoes and understands thE penaltios fur falsification,
identified all"othef deductions shown in the sub-column of Column 8 on the frront of the form,
checked lt€rn 4 if fringe benefib are includsd in the Wage Decision forany of his/hervrorkers -
4(a) - if fiinge ben€fits are paid to approved fund(s), or 4(b) - paid directy to each affected vtorker- included in paycheck for the work week - his/her paycheck
representing at least the pay of the applklable
Page I of 9 EXHIBIT'B'
minimum urage rate plus the amount of required
fringe beneftE.
provided detail of exceptions to section 4{a) or 4{b), such as s splft ln ftinge benefib whera vacation is paid in cash and all otherfringes are paid to a plan,
remarked on rate of pay calculations, srJch as the calculation of an orortime rate when fringe benefrts arc paid in cash, 2) manually signed (with a'rvet signature') the payroll in ink in the 'block" marfted signature, and stabd hi$her title.
3) verified the person who signed the payroll is the employer or an ofiichl of the employer wfro is legally authorized to act for the employer.
d. Weeklv Pauoll Review. Each employer has promptly reviewed the weekly payroll for compliance with all labor requirements (using this checklist) and made necessary conections.
Each Lomr-tier Suboontractor has dellvered hls/her weekly payroll to the respective subcontractor within throe (3) calendar days from the last date of the work week.
Each subconfactor has received a payroll from each of his/her lower-tier subcontractors; reviewed each and his/her own peyroll; rcquired neoessary conections; and delivered allof such payrolls to the prlme contractor within fwe (5) calendar days from the last date of the uork week.
Conhactor has received a payroll from each subcontractor and each lor,ver-tier subcontractoG monitored each including his/her o,vn payroll; required neaessary conections; and collectively delivered them to the Countywithin sevsn (7) work days of the last date of the respective work week.
F. After Proiect Completion, each employer:
will keep all weekly payrolls related to the projeot for three (3) years after the contracto/s project completlon date or untllall projec,t audit lssues are resolved, whichever is later.
Revised: April2016
MATERIAL COVERED AT PROJECT
P R E CO NS TR U CT'O'V GOIV F E R E N C E
PURPOSE
AGENDA
l. Contractor/Subcontractor lnformation Sheet Form CDA-1 00 Il. Section 3 Compliance lnstructions
lll. Executive Order No. 11246, amended by Executirre Order No. 11375, Equal Employnent Opportunity
V. Contnacto/s Ratio of Apprentlces to Joumeymen AND ProMng Employee Apprentir:e Status
V. Pnrject Wage Determlnation
Vl. Fringe Benefit Statement
VIl. U.S. Department of Labor Form WH-347, Weekly Payroll Sheet Vlll. U.S. Department of Labor Form WH-348, Statement of Compllance lX. Working Subcontnactors
X. Record of Employee lnterview, Form HUD 11
PRECOA'S TRU CT I O N CO N F EREN CE
PURPOSE
HUD requires that CDBG recipients hold a conference with the principal project contractor and all available subcontracbrs prior to the actua! start of project construdion. Seven days lead notica of conference date is required by HUD. The purpose of the Conference is to inform projec't contractors of their responsibilities relating to Equal Employment Opportr.rnity, Federal Labor Stiandards, and general contract compliance.
AGENDA
l. Conlnclor/Subcontactorlnformatlon Shecf- Form CDA-I(N Required for completion of Count/s Contract and SubcontractActivity Report to HUD.
Thb form is used to document whether the oontractor/suboontractor is a:
1. Minority Conbac*or
2. Woman Gontractor
3. Contractorwtrose contract was procurBd by Gompetitive Bidding Submission is required priorto issuance of "NOTICE TO PROGEED.' Construc{ion cannot start until proper review and approval by Gounty. ll. S*tion 3 Comollance lnstructlons
Purpose of this Prognam is to ensure that employment and other economlc opportunities generated by the HUD financial assistanoe on this project strall, to the gr"atest extent feasible, and consistent with existing fedaral, state and loca! larvs and regulations, be direc'ted to low - and very low - income persons, particularly those wtro are recipienb of go\remrnent assistance br horlsing, and b business @ncems which provide economic opportunities b lof,r - and very low - income persons.
Section 3 applies to HUD funded housing end community development projects wttich recei\re federal financial aseistance exoeeding $200,000 and for which oontract or subcontrast amounts exceed $100,000.
Please mnsult the Sedion 3 Compliance lnstructions contained in the proiect specffication manual for more details regarding project Sec-tion 3 complianoe.
A.
B.
c.
D.
A.
B
c.
Page2ot7 EXHIBlT "C"
lll.
IV
A.
B.
Ex*utlve Ofder No. 11216. amended bv Etr*ullve Order No. 11375. Equal Enolovncnt Oorcrtunitv.
E.
The purpose of Executive Order No. 1124.6, as amended by Executive Order No. 11375, is to assure that proied contrac'tors and subcontractors will not discriminate against project employees in regard to their race, @lor, religlon, sox or national origin.
For federally funded construc'tion contracts in excess of $10,000, contraclors and subcontractors are requircd to make a good faith effort to ensure that '19.1% of all ruork hours are performed by minority workers and that 6.90lo of all urcrk houre are performed by women.
Written Affirmatiw Action Plans are required for federally funded construction prime oontracrts of $1,000,000 or more and for subcontnacts of $100,000 or more.
All mntractors and subcontractors working on federally-assisted construction prolects are required, by the U.S. Departnent of Labor, Employment SEndards Admlnishation, ffice of Federal Conbact Compliance Programs (OFFCP) to collect raca and gender information on oonstuction employees, classified by tnade. This information must be maintained not only for this projecL but for all work your firm is performing, whether il is federally funded or not. The U. S. Department of Labor reserves the right to review this informatlon ln the future.
HUD may impose sanctions such as contract suspension or termination and/or debarment in frrture federally funded construction projec'ts in cases of noncompliance.
Confiactor's Ratio of Aoprcntices to Joumevmen AND
Provino Emplovee Aoorcntlce Stafus
A. The purpose of the Contractor's Ratio of Apprentices to Journeynen is to comply with the California Labor Code regarding employment of apprentices on public works projects,
B. The contractor or subcontractor shall apply for a certificate from the local craft Joint Apprenticeship Council, approving the contracto/s or subcontracto/s participation in an apprenticeshlp prog ram.
c.
D.
The natio of apprentices to journeyrnen in any crafl or trade employed on a public works prciect is to b€ no less than one apprcntice to eadr fnle Joumeymen.
Noncompliance requires withholding of fifty dollars ($50.00) hom progress payments for each day of nonoompliance.
For each apprentice listed on project payrolls, the contrac'tor or subcontractor shall submit wlth the flrct payroll the apprentice is listed on, cunent registration information from the U. S. Departnent of Labor - Office of Apprenticeohip. Coples of Apprunfce Aoreements will no lonscr bc acceoted as oroof of rcolstra$gn ln an aooroved EIggIlllL ALSO, each apprentice who b listed on projec{ payrolls must have listed for them what tvoe of apprentice (Electrical, Plumbing, Cemsnt Mason, etc.) they are.
V. PrclectWaoe Determlnatlon
The Wage Eletermlnation lists the minimum wags6 to be paid all norsupervisory employees.
Listed are the different Hourly Rate.s of Pay for all employees depending upon each employee's Labor Classification and Group Number.
All employees listed on any project payrolls are to be listed by their propcr labor Classification Tltle and Group Number as found in the project Wage Determlnation for the type of work they actually perform.
Vl. Frlnse Benefil Slatement
A. The purpose of the 'Fringe Benefit Stratemenf is to have the contrac'tor/subcontrac{or provlde additional information regarding fringe benefite paid into an '...approved plan, fund, or program.'
Listed ars the hourly rates for the varbus categories of fringe beneflts, and the name & address of the fund to which the fringe benafits are belng pald Into, for each labor classification belng used on the job-site.
The informatlon provlded on this Statement is used b assist the project monitor in payroll reviews to veriff that employees are receiving the raquired total wage package (the basic rate plus fringe benefit per hour).
The 'Fringe Benefit S:tatemenf is to be submitted by the prime contrador and each subontrac'tor (wtro has 4! already indicated that fringe benefits are belng pald ln cash to the employee) with the first weekly C,ertified Payroll for work performed.
D.
E.
A.
B.
c.
B.
G.
D
Vll, U. S, Deoatunent of Labor Form WH-3!7. Weeklv Pavroll .Sheet A. The purpose of Form WH-347, Weekly Payroll Sheet, is to verify that al! project employees are being paid weekly and conecUy. The use of any other payroll form will be acceptable only if its fonnat includes all the information needed to meet HUD regulrements. All payrolls submitted must be originals, with .vyet signatures" on the Statements of Compliance.
The Weekly Payroll Sheet is to be submitted to the County/Orner/Architect or Engineer once a we€k, each week, that work was done on this proiect.
Weekly Payrol! Computations wil! be checked for both mathematical accurary and for any non-p€rmissible deductions.
Untimely submittal or submitta! with enors will require holding up of progress payments, untilthis form is received.
Prime Contractons and subconhactors must retrain their basic payroll records (payroll reglster, individual eaming cards, check etubs, etc.) for a three year period after completion of the project.
lf requosted, oontractors shall make their Superintendents log book aMailable to the payroll reviewsr for payrcll compliance review purposes.
Vlll. U.S. Deoartmcn/. of Labor Fgrm WH-il&. Statement of Compllance A. The purpose of Form WH-348 is to certify that any payrolls submifted for this prcject are conect and complete. The use of any other compliance statement form will be acceptable only if ite format subetantially includes all the Ianguage and citatlons rcquircd by the U.S. Departmenl of Labor WH-348 form.
The Statement of Compliance is to be submifted to the County/O,trner/Architect or Engineer with the Weekly Payroll once a week, each week, that work was done on this project.
The Statement of Compliance is to be gubmitted no later than so\ien work dala after the end of the week being reported, as is the case with Form Wl'l-347, Weekly Payroll Sheet.
lf Statements of Compliance are signed by someone other than an owner or offioer of the firm (such as President, Tlpasurer, or Payoll Administrator), a 'Certificate of Authorization' that gives permigsion to the non{rwner or the nonofiicer to sign the stratements must be submitted with the first payroll.
B.
c.
D.
E.
F
B.
c.
D.
E.
F.
Untimely submittal or submittal with enors or omissions will require holding up progress payments until this form is received.
Fringe benefit payrnents to plans, funds, or programs may be trerifled by the Countylorner/Archltec't or Erglneer.
The payment of premiling uage rates established by HUD provide tnt the urage probctions afiorded apply to laborers and mechanics employed on fedenally.asslsted oonstructbn oontads regardless of any conbactual relationship wtrlch may be alleged to exist betursen the contractor and such laborers and mechanics. Mditionally, all laborers and mecianlcs must be paid unconditionally and not less often than onoe per week. There is @ exception to this protection for self-employsd laborerc or mechanics, including orrners of businesses, sole-proprielors, partrers, oorporate ofiicers, or others.
'Laborers and mechanics' may not ceffi to the payment of their g!@ prevailing wages EXCEEwhere the laborer or mechanic is the owner of a buslness woklng on the site of tha urork wtth his/her own crbw.
Payolls submitted reportlng slnge or multiple ownerc oertifying that they have paid to themselves the prewlllng urage for thEir crafl are unacceptable; rather, such laborcrs or mechanics muet instead be carried on lhe certified payroll of [re contractor or subcontracior (the 'responsible employef) for whom they are working and with whom they have elocuted a conhact.
Whatever method of oompensation cornpultation is utilized, the amount of tueekly compensation divided by the ac'tual hours of rlork performed br that week must result in an "eftctive' houly ryage rate for that rueek that is not less than the prevalllng hourly rate for the type of work lnvolved. The name, work classification, actnl hours of work, effective hourly uage rate, and uage payment of each self-ernployad laborer and mecfianic must be reported and oertified on the responsible employe/s weekly payroll.
It[ore extensive guidance for the Federal prcvailing wage requirpments and oompliance standards for seJf-employed labores and mcchanics (also referrcd to as lrcrking subcontractorcJ is detaited in Labor Relations Lettcr No. LR-96{1, dated December 2, 1996. Additbnal information is also provided regarded HUD's compliance and certification parameters for owner-operators of porer equipment and truck drirrers. lx Worklno Subcontactors
B.
c.
A.
D.
E.
X. Record of Emplov* lnteruiew, Form HUD-ll
A. lnterviows will be conducted by County/Owner/Architect or Engineer stiaff or their designee.
B. Required to document the confirmation that::
1. Project Employees ars working in the conec,t classification; and
2. Forthe conect pay.
C. Random samples of each conbactor/subcontracto(s) workforce will be interviewed throughout the course of the projecf,.
D. Comparisons of interview forms with the Weekly Payroll Sheets and Prevailing Wage Decision wlll assure prop€r pnyment to project wortforce.
E. Failure to resolve discrepancies within a reasonabte period of tirne will cause fufure progress payrnents to be held up.
F. CountylOwner/Architect or Engineer staff who administer the HUD11 forms are hereby reminded that they are to indicate 'None' in the Remarks sec'tlons of the form nfien there is nothing additional to report from the actual inteMew or the comparison of the HUD-1 1 form to the payroll and the project wage decision. The HUD-I 1 inteMewer and payroll examiner are each to sign and date the form in the spac€s provided when they have completed the interview and examination.
Revised: Sepbrber2004
l'\AFOlqgrosnent Templates\E$ibits\C. Materials Corered at Preconsfruc[on-doc Pagel ol7 EXHIBIT "G"
S 200.302 Flnanclal management
(a) Each state must expend and account for the Federal award in accordance wlth state laws and procedures for experding and accounting for the state's own funds. ln addition, the state's and the other non-Federal entity's financial management slstems, including records documenting compliance with Federalstatutes, regulations, and the tenns and conditions of the Federal award, must be sufficient to permlt the preparation of reports reguired by general and program-specific terms and conditions; and the tracing of funds to a leve! of expendltures adequate to establish that such funds have been used according to the Federal statutes, regulations, and the terms and conditions of the Federal award. See also $ 200450.
(b) The financial management system of each norFederal entfi must provide for the following (see also SS 200.334 200.335,2m.336, and 200.337):
(1) ldentifrcatlon, in lts accounts, of all Federal awards recelved and expended and the Federal programs under whidr they were recelved. Federal protram and Federal award identification must include, as applicablg the Asslstance Lisdngs title and number, Federal award ldentlfication number and year, name of the Federal aBency, and name of the pass-through entity, if any. (2)Accurate, current, and complete dlsclosure of the financial result of each Federalaward or program ln accordance whh the rEporting requlrements set forth in $5 200.328 and 200.329. tf a Federal awarding agency requires reporting on an accrual basis from a recipient that maintalns its records on other than an accrual basis, the recipient must not be required to estilblish an accrual accountang system. This recipient may devebp accrualdata for its reports on the basis of an analysis of the documentation on hand. Similarly, a pas+throtgh entity must not require a subrecipient to establish an accrual acoountlng system and must allow the subrecipient to de\relop accrua! data for lts reports on the basis of an analysis of the doanmentatlon on hand.
(3) Records that identift adequately the source and application of funds for federally-funded activities.
These records must contain information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expendltures, income ard lnterest and be supported by gource documentation.
(4) Effectfue control over, and accountability for, all funds, property, and other assets. The non-Federal entity must adequately safeguard all assets and assure that they arc used solely for authorized purposes. See 5 200.303.
(5) Comparison of expenditures with budget amounts for each Federal award. (6) Written procedures to implement the requlrements of S 200.305. (7) Written procedures for determlning the allowability of costs in accordance with subpa rt E of this part and the terms and conditions of the Federal award.
EXHIBIT'D'
2, Status of Federal Action
a. bld/offer/eppllcatlon
b. lnltlal awed
c, post auard
date of last report_
3. For Material Ghangn Only: quarter_
1. Type of Federal Actlon
a, oontad
b. grant
c. coopqratfuc agmqnent
d. loan
e, loan guarantee
f. lmn insurancs
5. lf Rcportlng Entlty ln No. tl ls Subarr.rdee, Enter
Nemc rnd Addrsr of Prlme ;
Congrerslonal DlsHct, lf known:
4. Nanre and Addre* of Reportlng Entlty:
Pilme Subawardcc TI€r-, lfkrpvn:
Gonresgional District, if known:
7. Federal Prognm tlame/Descrlptlon:
CFDA Number, tr eppltcable:
G. Foderat DepartmenUAgoncy:
s
8. Federal Actlon l{umber:
b, lndMduale Periorrnlng Servicer: (induding ad&tss if
dlffcrent ftont t#. I 0e.l
(lasl name, fusl nanp, M[)
t(}r. Name and Addres of Lobblng Regbtrant:
llf lndMdual, lad. nane, fird name, Ml)
Telephone No,;_
Prlnt
Fhl.'
11. lnfonnatlon requested through thls funn b auhodzed by fflle 31 U.S,C. sedion 1352. This disdosure of lobbying adivities b a materlal reprasentatlon of fact upon whk*l relianco was placed the tler above wtren hb tansadlon was made or enter$ lnto- Ttdc dlsdocure ls requlrcd puEuant to 31 U.S.C. 1352' Thls lnformston wlll be avalleble br publh lntpectix. Any pcrson wtro fails b file $c requlred dlsclosure shall be subJect to a
$10,000 and not more than $100.000 br
cirf penslty of not less thar
each fallure.
Federal Use Only: Authoriz€d for Local Reproduciion
Standad Form LLL (Rev. 7-97)
D'SCIOSURE OF LOBBYING ACNWflES
Complete this form to disclose Lobbying activities pursuant to 31 U.S.C. t 352 2 lor burden d
Appov€d by OMB
0348{046
NOLOBBY.EXB (Rev. 7-97) Pagel ol2 EXHIBIT "E"
INSTRUCTIONS FOR COMPLETION OF SF.LLL DISGLOSURE OF LOBBYING ACTIVITIES This tlird6ul3 film sholl bo complotrd bL, th6 rspordn! rnflty, uyttslhs st&awardm or prlmo Fod.rel ttddctn, at thr Inl1at6n or rccipt of 8 srerEd Federel acton, or I mabdal changotoeprcvbusf,llng.purEusntbUdB3lU.S.C.edonl3S2, ThefrllngolaformtsEqu_redloreacnpaymentoregraementtom.kapaymantbanyUUbying cntity for infl erciDg , tternfling b inllrrrrce an orfuc* or cnployce_of any {crrcy, a llcrnbcr cf Congrsq en olikor of amplopc d Corgreis,'u an ennp6yee Lf i lrlsnber of Congie3s ln cdrnlclbn wlth a cowtd Fadcnl ,ctjoo. Conpko e[ tternE th.t spCy tr'Uoh ttre htEl flhg ahO -maorfat
aLnga nport Rfrr to $e
lmplem€nung guHance pdlbhed by thc Oftce of lbmgenrcrt and BudgE{ for addttonal irformatlon. 1 . ldsndfy he tpe of cowred Fedorel acton {or whldr lobbying acttulty ls arSrbr has s€curEd to lnfuerEe the oubone of a corortd Fadarat ection.
2. kl+ntify hc stat$ of tc oovcred Fedenl rc-tion,
3. ld€ntly thc aPproprlsb chcr]flcdlon ofi 0ri! trpo( ff fiB i3 a follff,.,up rEpo{t ctuscd by a rnabrirl charEe to th! lnhtrmaflm pltvlouCy rBporbd. enbr thr yaar end (Flart6, ln whltfi lhe chenge mtrr€d. Erbr tho dats of thE last prGulouCy Gubmiuad rcport by this rEforting entity br lhb covaraC Faicrdt aAOn.
4. ErilEr lhe full name, addrcls, dtv, glata and dp cods of th. Irpoiltn! ontty. lrdudo Corg'lrdorul Dtdrtct, tf known. Chcck Orc rpprcpddc ch$mcathn of trc rrpordng .nuty lh.l d.dgn.bs f h h, or o(pocb b bo, e pdma or subamrd rBdpfnt ldcnufy tE tl.r o, thc aubBmrdes, e.g., thc lliit rirbauadGc ot tlc prime is he lsl tix. Subsrveds include bu{ erc rrt limitcd to suhonh.ct, suhralrb and cilltst awErds mder grants.
5. lf lho o.let{zatloo frllno the Gpoft in iEm 4 6Ecks 'Eube*ardee,' then entsr tlp full name, rddrcer, clty, rt t ,r|d dp ood! of he pdme Fodgrl Eclpt€nt lndudo Congrraslonal Dlgtrlct, lf kmrn.
6. Entsr lfie neme of lhe Fadaral egcncy_maHng Oa ahard or loan commknaflL lncludo at loast one orgenlzatlmal levC bBlon, agerrcy nsrrE, if knq$m. For enmplc, O.p.rtnEnt ol TrarcDo{aton, UniEs SEb6 Cosst Gusd, numbcrforgrant8, cooparatlw agrlcrnents, lorn8, tnd loan commltnglts,
8. ErtE the mo6t rpproPtiete Federal identfyhg number anllable fur the Fadcral actlon ldendfiad h ltam 1 (e.g., RcCu€d fu Prnpcat [RFpt numbe., lnvitatbn for Bld [FBl nmb.r, granl .nnouncamart ilrmbar, thc coorec( gnflt, or loen ettard numbs, the epplicauofuprop6sat conuot humbir arilgneo uy tne fcacrat agency). lndude p.!fix.s, eg,,'RFP{E-SO{o1.'
9. Fa e cowrod Federal adon wharo th€tt hsr bccn an 8r,y8d or loan commllment by the rueral rgency, entcr the Fcdanrl amount of tlr erverd/locn commbnom forthc p.lm!.n0ty ldrnffild ln lbm it o.5. ,l0. (n) Enter the tuI nenx, addrcss, Gity, Gtatc .Ird zlp codc of hc lobbylrp r4lstrrnt under tho Lobbylng Dlsclogure Act of iggs cnlagpd by ttp rEporlrE entny ldln!flnd h ttrm 4 b tnfluanc. thc co,laGd Fcdcnl !c{on, (b)_EnEr ho full nsm$ of the hcftltuat(s) pcrbrmiDg services, and inctude tull address il difierGnt frql,r iO (.). Enbr Last Nama, Flrst Nern€, and ltdh lnnht (Ml)' 11, Thc ceftTying offdal shall slgn and dalclhrio.n, prlrlhb/tlrr nsln , t[. and bl+hono numbsr.
Actoding to lhc P6pcruqk Reduc{ion AcL as lmcndcd, no pelrons ere_rcqulnd to rtGpond lo a colLa{on of lnbnndon rmless h dlaphp a valtd O{IIE Cqrtrpl Numb€r. TIE vllld OMB cortrrd flumb€t tu. lhls lnforrnetlon colaclhfi lt OMB No. 0348{048. Publio reprtilrg buden fur this coltecton'of inbrmatron ls 6u-nEtao to 8lrcqge 10 minubs pcr ]e3porue, inc-luding linre b- rwiewing ins'uctbnq searchlng axtrtlng dab sourcs, gaharhg and msHelnlng fis dala need€d, and rt4gertbnr br rcdrclng thle brdm, b tha Ollce of M8n{smant and BudO€( rtporu,ork R€duc'tbn piol€ct joue+1e1, w+irhg|bn, DC 20803, NOLOBBY.EXB (Rev. 7€7) Page2ot 2 EXHIB]T "E-
FEDERAL I.ABOR STANDARDS PROVIS IONS
(HUD DOGUMENT 4010)
(JUNE 200e)
Applicability
The Project or Program b which the consEuction work cov€red by this conhact pertains is being assisted by the United States of America and the bllowlng Federal Labor Standards Provislons are included in this Contract pursuant to the provisions applicable to such Federal assistiance.
A. 1. (l) Mlnlmum Ytlages. All laborers and mechanics employed orworking upon the site of the work, will be paid unconditionally and not less often than once a week, and without subs€quent deduction or rebate on any account (oxcept such payroll deductbns as ene permitbd by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fullamount of wages and bona flde fringe benefits (or cash equirralents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Seeetary of Labor which is attactred hereto and made a part hereof, regardless of any conhactual relationship which may be alleged to eist between the contractor and such laborers and mechanics. Contributlons made or costs reasonably anticipated for bona fide fringe benefiB under Section l(bx2) of the Davi+Bacon Act on behalf of laborers or mechanlcs are considered wages pald to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a[1Xiv); also, regular contributions made or coob incuned for more than a weekly period (but rtot less ofien than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incuned during such weekly period.
Such laborers and mechanics shall be paid the appropriate tto?ge rate and fringe benefiF on the vlage determination for the classification of rrrork ac{ually performed, wlthout rogard to sklll, except as provlded in 29 CFR 5.5(aX+). l-aborcrs or mechanics performing work in more than one classification may be compensated atthe rate specified for each classification for the time ac'tually worked therein: Provided, That the employe/s payroll records accurately set forth the time spent in each classification in wtrich uork is performed. The wage determination (including any additionalclassification and wage rates conformed under 29 CFR 5.5(a[1)(ll) and the Davis-Bacon poster WH1321) shall be posted at all tlmes by the contractor and its subcontractors at the sits of the work in a prominent and accessible, place where it can be easily seen by the workers.
(ii) (a) Any dass of laborers or mechanics wfrich is not listed in the wage determlnatlon and wtrlch ls to be employed under the contrast shall be classified in conformancewlth the wage determination. HUD shallapprove an additional classification and uage mte and fringe benefits thelefor only when the following criteria have been met:
(1) The work to be parformed by the classification requested is not performed by a classification in the wage determination; and (2) The classlflcaflon is utilized in the area by the constuction industry;and
Page I of E EXHIBIT "F"
(3) The proposed rrage rate, induding any bona fide
fringe benefib, bears a reasonable rclationship to the wage rates contained in the wage determination.
(b) If the contrector and the laborers and mechanics to be employed in the chssification (ff known), or their representiatives, and HUD or ils designee agree on the classification and wage rate (including the amount designated fior fringe benefits where appropriab), a report of the action taken shall be sent by HUD or its designee to the Administnator of the Wage and Hour Division, Employment Stendards Administration, U.S. Department of Labor, Washington, D.C.20210. The Administnator, or an authorized representative, will approne, modify, or disappro\re every additional classtflcatlon actlon wlthln 30 dap of receipt and so advlse HUD or its designee or will notify HUD or its designee within the 30day period that additbnal time is neceesary. (Approved by the ffice of Management and Budget under OMB control number 1215-0140.) (c) ln the event the conftactor, th€ laborors or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the prcposed classification and vuage nate (including the amount designated forfrirge benefite, wtrere appropriate), HUD or its deolgnee shall refer the questions, including the vleuc of all lnterested parfles and the recommendalion of HUD or its designee, to the Administratorfor determination. The Administrator, or an authorized representatiw, will issue a determination within 30 days of reoeipt and so advise HUD or ib designee or will notify HUD or its designee within the 30day p€riod that additional time is neoessary. (Approved by the ffice of Management and Budget under OMB Control Number I 21 il)1 40.)
(d) The rmge rate (including fringe benefits where approprlate) determined pursuant to subparagraphe (lXiixb) or (c) of this paragraph, shalt be paid to all workers performing work in the classifioation under this contrac* firom the firstday on which work is performed in the dassification. (lll) Whenever the minimum wage rate prescribed in the conhact br a class of laborena or mechanics includes a fringe bensfit which is not expressed as an hourly rate, he oontractor shall either pay the benefft as stated ln the rvage determination or shall pay another bona flde fringe bensfit or an hourly cash equivalent thereof. (iv) lf the conhac'tor does not make peymerrts to a tustee or otherthird peroon, the contnactor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipabd in providing bona fide fringe benefits under a phn or Program, Provided, That the Secrebry of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Seoetary of l-abor may require the conhac{or to set aelde ln a sepanate account asssfts for the meetlng of obligations under the plan or program. (Approved by the ffice of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon wrifien request of an authorized representatiw of he Department of Laborwithhold or cause to be wtthheld from the contractor under this contract or any other Federal oontract wilh fre same prime conbac'tor, or any othsr Federallyassisted contract subjec-t to Davis-Bacon
prcvailing Lrrage requiremenb, urhich ie held by the same pdme contrastor so mucft of tne aocruca payrnsntB oradrnnces es may be considered necessary to p€y laborere and mechanics, includlng apprentied, tnainees and hclpcrs, employed by the conbactor or any subcontractor the full amount of wages required by the contact ln the erent of failure to pay any laboreror mechanic, including any apprentice, hainee or helper, employd orworking on tre eite of the work, allor part of th€ wages requircd bythe oontract, HUD or lts deslgnee may. afterwritten notice to the conbacbr, EpoIEor, applbant, or onner, hke such ac'tbn eG may be neceesaly b cause the suspenslon of ahy turttrer payment, adnnce, or guarantee of funds until sucft violatlons hava oeased.
HUD or its designee may, after wriften notioa to the contactor, disburea such amounte withheld for and on account of the contracrtor or subcontracilor to the respectiw employees to wtrom they ara due. The Gomptroller Genenel shall make sucft disbursements in the case of direct Davis.Bacon Act conhaoils. g. (l) Payrolb end baslc recordr. Payrolls and bmlc reords relatlrB. therato shall be miitntalneO by the contractor during the course of the uprt preeerwd for a period of three years thereffier fur all laborers ard mechanics working at the site of the io*. Sucfr records shall oontain the name, addr€ss, and eocial securlty number of each such uorker, his or her correct classification, hourly rates of wages paid (induding rates of contibutions or co6B anticipated for bona fide fringe benerfits or caeh equivalents theroof of the types deocribed in Secton l(bX2XB) of ths Davis'bacon Ac{), dally and treekly numbei of hours urcrked. deduclions made and actnlwages paid. Whenever the Sicrotary of Labor has bund under 29 CFR 5.5 (aXlXlv) that the weges of any taborer or micfranic indude the amount of any costs lgesonably antdpabd ln provldlng bensfits under a plan or Program described in Sestion (bX2XB) of the Davis.
Bacon Act the conbactor shall maintain records wtrich show that the commitment to provide euctr benefits io enbrceable, that tlr plan or program is financially rcsponsible, Lnd that the plan or program has been ommunicated ln writng to the laborerB or mechanics aibcted, and rsoords whlclr show the msts antdpated or the ac-tua! cost incuned in providing sucfr benefits. Conhactrs employing gpprentlces ortnalnees under appr6rrea prWnams shall maintain writbn evidenoe of tha registration of apprenticeohip programs and certiftcation sf tnainee prognams, the regigtrationof the apprentioes ahd tralnees, and the ratios and wage rabspmscribed in tle geRlicable pi6grams. (Approved by lho Off,cs of Management and Budgst under OMB ConUol Numbers 1215-0140 and 1215{017.)
(iD (a) The conkacbr shall eubmlt rveeklyfur each we€k in which any contractrcrk ii performed a copy of all payrolls b HUD or its designee if the agency is a party 19 x1e contra6, but il the agency is not such a party, the contracdor will submit the payrots b he applicant Eponsor, or ovynor. as th€ case may be, for barrsrnission to ifdO or ib deslg-nee. The payrolls submitbd shall set out accurately-qnC ompletely al! of the lnformation requircd to be maintained under 29 CFR 5.5(aX3Xi) erept that full socialsecurlty numbec and home addrcsses ehallnot be induded on ryeelf transrnithb. instead the payrolls strallonly need to lnclude an lndividually ldentifuing numberfor each employee (e.g., the last four digils of the employee'e social secnrity number). The required uaekty payroll lnformation rnay be submitted in anyform desired.
Opgonai Form WH-347 h avallable br thia purposc from tho Wage and Hour Division Web slte al httptrtvtrww.hl.gOu/esa/whdlfolzr,s/wh347inst.htm or ite successor site. The prime conhactor is responsible for the submission of copies of payrolb by all luboonhactors. Contmctos and subcontractors shall rnahEin the full
social security number and cunent address of each covered wor*er, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agenry is not such a party, the contractor will submit the payrolls to the appticant sponsor, or owner, as the case may be, for hansmission to HUD or its desbnee, the contractor, or the Wage and Hour Division of the Elepartment of Labor for purposes of an investigation or audit of compliance wtth prenaiting wage requirements. !t is not a violation of this subparagraph for a prime conhas"tor to require a subcontractor to provide addrEsses and social security numbers to the prime contractor for its own tecords, without weekly submission to HUD or its designee. (Approved by the ofrice of Management and Budget under OMB Control Number 1216-0149-') (b) Each payrollsubmltted shall be accompanied by a 'statement qf Compliance,' signed by the confador or subcontractor or his or her agent who pays or supervises the payment of the porsons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a[B[ii), the appropriate information is being maintained under 29 CFR S.S(a[S)(i), and that such informaton ls conect and complete;
(2) That each laborer or mechanic (includirB each helper, apprentice, and bainee) employed on the contract during the payrolt period has been paid the fullureekly u€ges eamed, wittrout rebate, either direc{y or indirec{ly, and that no deductions have been made elther directy or indirec{ly from the full wages eamed, other than permisslble deductions as set forth in 29 CFR Part 3;
(3) That eadr laborer or mechanic has been paid not tess than the applicable wage rates and fringe benefits or cash equivalents br the classification of work performed, as specified in the applicabre wag6 determination incorporated into the contact.
(c) The waekly submisgion of a properly exeouted certtflcation set forth on the reverse side of optional Form wH-347 shal! satisfi/ the requirement for submission of the "Statement of Gompliance'required by subparagraph
4.3.(iixb).
(O The f,alsification of any of the above certifications may subject the contnactor or subcontractor to civil or crimina! prosecution under Section 1OO1 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The conbactor or subcontmdor shall make the records required under subparqgraph A.s.(i) available for inspection, copying, or hanscripUon by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hourc on the job. lf the contractor or subcontrastor fails to submit the required records or to make them available, HUD or its designee may, after written notice to he contractor, sponsor, applicant or olvner, take such action as may be ne@ssary to cause the suspension of any further payrnent, advanoe, or guarantee of furds. Furthermore, failure to submit the requlred records upon
request orto make such records available may be grounds for debarment action pur€uant tD 29 CFR 5.12.
4. Apprentics and Traineea.
(l) Apprentices. Apprenticee will be permitEd to work at less than the predetermined rate fur the work they performed *'tren they are employed pursuant to and individually reglsHud in a bona flde apprenticeship program reglstered with the U.S, Department of Labor, Employmenland Tralnlng Admlnistration, Officeof AppranticeohipTnalning, Employerand laborServices, orwith a State Apprentioeship Agency recognized by the ffice, or if a person is employed in his or herfirst 90 days of probationary employment as an apprentlce in such an apprenticeship pnogram, who is not individually registered in the program, but ufro has been cerffied by the Offioe of Apprenticeship Training, Employer and Labor SeMoes or a Stte Apprentioeship Agenry (uhere appropriate) to bc eliglble for probaflonary employment as an apprentice. The allowable natio of apprentices to joumeyrnen on he job site in any craft chesification shall not'be greater than the ratio permitted to the conhactor as to the entire work furce under the registered proglam. Any worker ligted on a payoll at an apprentice wage rate, wtro is not registerad or othenrise employed is-steted abova, shall be pald not less than the applicable wage nate on the Irage determination for tre classificetion sf work ac'tually performed. ln addition, any apprentice performlng work on the job slte in excsss of the raflo permltted under the registered program shall be paid not less than the applicabh wage rate on he wage debrmination for the work actually perbrmed. Where a conilactor is performing construction on a project in a locality other than that in whioh its irogram ii registered, the ratios and wage rates (expressed in percentages of itreJoumeymin's hourly rate) spedfied in the conffi/s or subconlrac{o/s reglstered progrem shall be observed. Every apprantice must be pald at not less than the rate specified in the rcgistered program forthe apprentice's level of prqress, expressed as a porcentage of the iourneymen hourly rate LpecifieO in the applftxble urage detrermination. Apprentices shall be paid fringe benefits in accordance with the provisione of the apprenticeship prognam. lf the apprenticeship program does not speoiry ftnge beneflte, apprentlces must be piia tne full ainbunt of fiinge benerfrE listed on the unge determinaton for the bppficable classlflcatlon. lffie Adminisbatordeterminas that a difiarent practlce p[vaits for the applicable apprentice dassllication, frlnges shall be paid in accordance with that determination. ln the eventthe Offce of Apprentceshlp Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Offioe, withdrarm approval of an apprenticeship program, the contLctorwlll rrc longer be permitted to utilize apprcntices at less than the appllcable prcdetennined rate for the work performed untll an acceptable progrem is approrcd.
(il) Tralneec. Except as provided in 29 cFR 5.16, trainees will not be permittdd-to work at tess than the predetermined nab for the work performed i.rnless they are enrployed pursunt b and individually reglstered in a Program wtrlch tras-r€coiwd-pribr approrra!, evidencad byformal certification by the U.S.
Department of Laboi, Ernployment and Training Administration. The ratio of trainees to joumeymen on the job stE shall not be greater than permittsd under the plan ap-proved by the Emplbyment and Training Admlnistratlon. Every trainee
must be paid at not less han the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specifred in the applicable wage determinatlon. Trainees shall be paid fringe benefits in accordance with the provisions of the tainee program. lf the trainee program does not mention fringe beneflts, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentioeship progmm associated with the corresponding joumeyman wage rate on the wage determination which provides for less than fullfringe bensfits for apprentioes. Any employe listed on the payrollat a trainee rate who is not registered and participating in a taining plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the u/age determination for the work actually performed. ln addition, any trainee perbrming work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination fior the work actually performed. ln the errent the Employment and Training Administration wtlhdraws approvalof a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an accepEble program is approved. (iii) Equa! employnrnt opportunlty. The utilization of apprentices, trainees and joumeymen under 29 CFR Part 5 shall be in oonformity with the equa! employment opportunity requirements of Executive Order 11246, as amended, and29 CFR Part 30.
5. Gompllance with Gopeland Act requircments. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
6. Subcontracts. The contraclor or subcontractorwill insert in any subcontracrts the clauses contained in subparagraphs 1 through 11 in this paragraph A and sucfr other clauses as HUD or its designee may by apprcpriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontrac{s. The prime contrastor shal! be responslble for the compliance by any subcontractor or lower tier subcontrac-tor with all the contract clauses ln this paragraph.
7. Gontract termination; debarment A breacfr of the conkact dauses in 29 CFR 5.5 may be grounds for termination of the contract ard for debarment as a contnactor and a subcontractor as provided in 29 CFR 5.12.
E. Compliance with Davls-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts oontained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standardr, Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolraed in accordance with the prooedures of the Department of Labor set forth in 29 CFR ParE 5, 6, and 7. Disputes within the
meaning of this clause indude disputes betvveen the contrractor (or any of its subconhactors) and HUD or its designee, the U.S. Deparfrnent of Labor, orthe employees or thelr representatives.
10. (i) Gertification of Eligibility. By entering into this contnact the contractor ertifies that neither it (nor he or she) nor any percon or firm who has an interest in the contrac{o/sfirm is a person orfirm ineligible to be awarded Gonemment contracts byvirtue of Sestion 3(a) of the Davis-Bacon Act or29 CFR 5.12(aX1) or to be awarded HUD ontrac{s or particlpate ln HUD prograrns pursuant to 24 CFR Part 24.
(ll) No pafi of this conhact shall be subcontracted to any psnson orfirm ineligible foraward of a Crovemment conhct by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a[1) or to be awarded HUD mntracts or participate in HUD programs pumuant to 24 CFR Parl?4.
(lll) The penaltyfor making false statements is presoibed in the U.S. Criminal Code, 18 U.S.C. 1001..Additionally, U.S. CriminalCode, Section 1 01 0, Title 18, U.S.C.,'Federal Housing Administration transac'tions', provides in part:
llllhoever, for the purpose of . . . influencing in any way the action of suoh Administration..... makes, utters or publishes any statement knowlng the same to be false.....shall be fined not more than $5,000 or imprisoned not morc than two years, or both."
11. Gomplairrts, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subconbactor because such employee has filed any comphint or lnstltuted or caused to be Instituted any proceedlng or has tedified or ls about to testifr in any proceeding under or relating to the labor standards applicable under thi.s Contract to his employer.
B. Gontract Yllort Houe and Safiety S:tandards Ac,t. The provisions of this paragraph B are applicable where he amount of the prime conhast exceeds $100,000. As used in this paragnaph, the terms'laborerc'and'mechanlce'lndude watchmen and guards.
1. Overtime rcquircments. No conractor or subconhactor contraciling fur any part of the conhact work which may require or involve the employment of laborers or mechanics shall require or permit any such hborer or mechanic in any workweek in which the individual is employed on sucfi uork to work in o<oess of 40 hours ln such workunek unless such laborer or mechanic recsivos compensation at a nab not less than one and one-half tlmes the baslc rate of pay br all hours worked ln excees of 40 hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. ln the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontac'tor responslble therefior shall be llable forthe unpald wages. ln addltlon, such contrac{or and subcontractor shall be llable to the Unlted Shtes (in the case of work done under contract for the District of Columbia or a tenitory, to such District or to such tenitory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including uatchmen and
guards, employed in violation of th€ clause set forth in subparragraph (1) of this paragraph, in the sum of $10 for each calendar day on whictr such indivklual was required or permltted to work ln excess of the Etandard uorkweek of 40 hours without payment of the overtime yyages required by the clause set forth In subparagnaph (1) of this paragraph.
3. Wthholding for unpaid wag63 and liquidated damages. HUD or iF designee shall upon ib own actbn or upon written request of an auttrorized representatiw of the Elepartment of Lebor withhold or caus€ to be withheld, ftom any monelrs payable on account of work performed by the oonbactor or subconhactor under any sucfr oontrac't or any other Federa! onbact with the same prime conhact or any other Fedarally.assbted contract sublec't to the Contlact Worfi Hours and Safety Standards Ac't which is held by the same prime contractor such sums as may be determined to be necessary b satigfy any liabilities of such conhactor or eubcontnactor for unpaid wages and liquidated damages as provided in the chuse set forth in subparagraph 2. of this panagraph.
4, Subcon0acts. The oontrac'tor or subcontractor shall ins€rt in any subconhacts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clausa requiring the subcontnactors to lnclude these clauses in any lower tier suboontrads. The prime mntnactor shall be responsible for compllance by any subcontactoror lourer tler subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The prcvisions of this paragraph C are applbable whem the amount of the prime conbactexoeeds $100,000.
l. No laborer or mechanic shall be required to work in sunoundings or under uorting conditions sfiich are uneanltary, hazardous, or dangerous to hls health and safety as detennined under oonstnrction safety and health standards promulgated by the Secretary of Labor by regulalion.
2, The Contnactor shall omply wih all regulations issued by the Secretary of Labor pursuant b Tifle 29 Part 1926 and failure to comply may reeult in imposition of sano'tions pursuantto the Contrac'tWork Houre and Safety Standards Act, (Public l-aw 91-54, 83 StEt 96). 40 USC 3701 et seq.
3. The contractor shall include the provisions of this panagraph in errery eubcontrac't eo tlrt such provisions will be binding on each suboontractor. The contractor shall take such action with respect to any suboontnactor as the Secretary of Housing and Urban Detrelopment or the Secretary of Labor shall direct as a means of enforcing such provieions.
I :\AFC\Agroemeit Templates\EdrlHts\G. FLSP HUD|O1 ([email protected] Pagc 8 of 8 EXHIBIT "F''
STATE OF CALIFORNIA I.ABOR CODE REQUIREMENTS
Unless speclfled otherwlse, any reference ln thls Sectjon lo subcontractor ehall also include the prime constructlon conbactor.
Labor Code Requirements
Atlention is direc[ed to the following requirements of the Labor Code:
(a) Hours of Labor
Eight hours taba constitutes a legal da/s work. CIffiDISTRICTNONPROFIT or any subcontractor under CITY/DISTRICTNONPROFIT shall forfeit, as a penalty b the Plannlng and Community Development D€pertment, $25 fur each worlcr employrd ln tha exacution of the constructlon urder tha contac{ by CITY/DISTRICTNONPROFIT or slbcontnactor br each calendar day during whid that rorks le requjrsd or permltted to urcrk more than 8 hours ln any one calcndar day and tl0 hours ln any one calendar unek in violation of the requiremenb d the l-abor Coda, and ln partirrlar, Section 181 0 b Section 1 815, th€r€ot inclusive, except that work performed by employees d CITY/DISTRICTNONPROFIT in otcess of 8 houc per day, and 40 hours durirq any one ucek, shall be permited upon oompensaton for all hours worked in exms of 8 hours per day at not less than one and on+'half times the basic rate of pay, as provlded In Sestion 1815 thereof. (b) PrevalllrB Wage
1. ln respec{ to the Grant tunded conslruc{ion, CITY/D|STRICT/NONPROF|T ano any subcontractor under CIY/DISTRICTNO|{PROFIT shall comply with Labor Code Sections 1774 aN 1775. Pursuant to Section 1775, CITY/DISTRICTNO{PROFIT and any subcontractor urder CITY/DISTRICT/NONPROFIT shall forfeit to the Phnning and Community Developrnent DEpartment a penalty of nol more than ffty dolhrs ($50) for erch calendar day, or portion her€of, for mch worker paid les than the prevailing rates ae determined by the Dir€dor of lnduatrial RslationB for the wwk or craft ln which the uorker ie emplolpd for any puUlc umrk done under the contract by GITY/DISTRICT/NONPROFIT or by any subconhacbr under GITY/DISTRICTNONPROFII in violation of the requiramants of the tabor Code and in particular, Labor Code Sections 1770 to 1780, indusive.
The amount of thts forfelture shall be determlned by the Labor Commissbner and shall bo bas€d on consideratirn of the mistake, inadvertence, or neglect of CITY/DISTRICT/NONPROFIT or subcontracbr in failing to pay the comect rate of prevailing wages, or the previous recod of CITY/DISTRICTNONPROFIT or subcontrac*or h maatlng thelr roEpoctive prevaillng yvage obllgatlone, or the wlllful fallue by CITY/DISTRICT/NONPROFIT or subconlractor to pay tre conect raEa of prevalling uyagps, A migtake, lnadvertence, or neglec't ln falllng to pay ths consct rate of prevalllng wages ls not exo.rsable if CITY/DISTRICT/NONPROFIT or subconlractor had knowledge of the obllgatlons urder the labor Gode. ln addition to the penalty and pursuant to Labor Code Sec{ion '1775, tho dlfference beturrcen the prevalllrg uags rales and the amount paid to aach worker for each calendar day or porlion thereof for wtrhh eacfr vrcrker ulras pald less than the prevailing rvage rate shall be paid to each urcrker by CI-IY/DISTRICTNONPROFIT or subcontrasbr. lf a uorker emplopd by a subconfacbr on a public works proJec* ls rnt paH the general prevalllrB per dhrn wagao by the aubconffir, the prime contactor of the proJeot or CITY/DISTRICTNONPROFIT ls not llable for the pondUes desctlbed ebove unlese the prime contractor or CIIY/DISTRICT/NONPROFIT had knowledge of that failurc of the subcontactor to pay the specified prevailing rate of wages to those uuorlrers or unless the prime conbador or CITY/DISTRICTNONPROFIT fails b complywith all of the following requFements:
a. The conbact executed betnveen CITY/DISTRICTNONPROFIT and the subconbactorfor the performance of work on the publlc worke profect shall lnclude a copy of thc mqulraments ln Src{lone 1771, 1775,1776, 1777.5,1813 and 1815 d the Labor Code.
b. CITY/DISTRICT/NONPROFIT shall monltor the payment sf the spectfied general prevailing rate of per diem ryagc by the subconlractor to the employces, by periodh rcvlew of the oertlfled paftoll records of the subcontractor.
Pagel ofS EXHIBIT "G"
c. Upon becomlng auare of me suBDontradors iailure to pay the specified prerralllng rate of rrages to the subconbacto/s rrrcr*ers, CITY/DISTRICT/IIONPROFIT shall diligently take corrective action to halt or r€ctlfy the failure, induding, but not limited to, retaining sufiicient funds dua the subconhactor for rvork performed on the puHic rrrlorks projecrl.
d. Prior to making final payment b the subcontraclor for trcrk perhrmed on the public norks project, CITY/DISTRICT/NONPROFIT shall oblain an affidavlt slgned under penalty of perjury from the subcontractor that the subcontrador has pald the specilled general prevalling rate of per diem rmges to the suboontractofs employees on the public rrorks proj€ct and any amounts due pursuant to Secrthn 1813 ofthe LaborCode.
2. Pursuant to Sec'tion 1775 of he Labor Code, the Division of kbor Standards Enfurcement shall nottff CITY/DISTRICTNONPROFIT on a public uorks project within 15 days of the receipt by the Dlvlslon of Labor Standards Enforcement of a complaint of th€ falure of a subcontsactor on that public nrurks project to pay uorkers the ganeral prevailing rate of per diem wagm. lf the Divislon of labor Standards Enbrcement determlnes that emplolrees of a eubcontractor rryrre not paH the general premiling rate of per dlern wages and lf CITTDISTRICTNONPROFIT dld not retaln sufiiciant money under the confact to pay those employees the balarrce of wages ourcd under the general prcvalllng rate of per diam wages, CIW/DISTRICTNONPROFIT shall wihhold an amount of mmeys due the subconbac*or sufficient to pay those employtos tho general prevalling rate of P€r diem tmgeg il requested by th6 DMslon of Labor Standards Enforcement CIW/DISTRICTNONPROFIT shall pay any money retalned fironr and owed to a subcontsactor upon receipt sf notlflcafron by the Division of Labor Standads Enbroement that the wage complaint has been roeolved. lf notica of the reooluton of the wage complalnt has not been received by CIffiDISTRICTNONPROFIT within 180 dayr of the flling of a valid notlce of oompletlon or aoceplance of the publlc trorks proJect, whlchever o@urs later, CIWDISTRICTNONPROFIT shall pay all monele rstained from the subconhector to COUNTY. These mone!,s shall be retained by COUNW pendlng the flnal declslon of an errforcement action. 3, Purtuant b the requiremenb in Seclion 1773 sl the labor Code, CITY/DISTRICTNONPROFIT has obtained the general prevailing rab d weges (which rab lncludes employar payments for health and urclfare, pension, vacatbn, kavel time and subshtenco pay as provlded for ln Seclion 1773.8 of the Labor Code, appr€ntioaship or other haining programs authodred by Section 3093 sf the labor Code, and similar purposes] applicaHe to the rvork to be dona, for straighl time, ovstime, Saturday, Sunday and hollday lvork. The holHay wago rab listed shall be applhable to all holidays recognized in the collectlve bargaining agreement of the particular crd, dassification or t1rye of uorkmen conosnod.
4. The general prevailirp rirrage rate and any appllcabla changm to theee rvage rates are avallable fiorn the Califomia Department of lndustria! Relations'lntemet Web Sb at htto:/Atww.dir.ca.gov,
5. The rrvage rates determined by the Dir€ctor of Industrlal Relatlone for the p@ect refer to expiratlon dates.
Pnevalllng wage determlnatons with a slngle asterlek frer the explratlon date are ln effect on the date of adverdsernent for blds and are gmd for the life of the corrhact. Premiling uaage deEnninations with double asbrlsks afier the elgiratlon date lndlcate that the yvage rate to be paid for nrork performed after this dab has been determlned. lf work b to extend pat thls date, the new rate shall be paid and irrcorporabd in the contract.
CIWDISTRICTNONPROFIT shall Etaqt the DeparUnent of lndustrial Relations ag ind'r:ated ln tre u4e rate dsterminations b obtain predetermined rruage cNrangss.
6. Pureuant to Section 1773.2 of the l-abs Gode, general prevalling uuago rat6s shall be peted by CITY/DISTRICTNONPROFIT at a prominent place at the sib of the urork. 7, Changes ln general prevalllng uage detcrminations wtrich conform to Labor Code Section 1773.0 and Tltle 8 Callfomla Code of Regulatlons Secfion 16204 shall apply to the project when lssued by the Director of lndustrial Relations at least 10 da1a prior to the date of the Noilce to CITY/DISTRICT/NONPROFIT for the proiect.
L COUNTY will not rccognize any clalm for addltlonal comperrsation because of the payment by CITY/DISTRICT/NONPROFIT or ib subcontsaotor of any waga rate ln excess of the prevailing wage rata set forth ln the conbacl,
Page2 of 5 EXHIB]T'G"
(c) PayrollRecords
1. Attention is direoted to the requirements in Labor Cod6 Soction 1776, a portlon of ryhich is quoted belont.
Regulations implementing labor Code Ssction 1776 are located ln Sectlons 16018 through 16019 and Sec{lons 16207 .10 through 16207. 1 I of Title 8, Calibmia Code of Regulatlons. 'Each contractor and subcontrac'tor shall keep accurate payroll r@ords, showing the name, address, social seanrlty number, rrrork classification, straight time and owrtime hours worked each day and week, and the actual per diem yvages paid to each joumeyman, apprentkn, worker, or otfnr employee employed by him or ler in the connec-tion M[t the public work. Each payroll record shall mntain or be verified by a mitten declaration Otat it ie made under penal$ of perjury, Etatlng both of the bllowlng:
a. The information contalned ln the payrollrecord is true and conect. b. Tho enrployer has complied with the requirements sf Sec'tions 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. "The payoll rmrds shall be certified and shall be avallable for lnspectlon at all reasonable hours at the prlnclpal offlca of CITY/DISTRICT/NONPROFIT on the folloring basis:
a. Certified copy of an employee's payroll record shall be made available for inspoction or furnished to the employee or his or her authorlzed representative on request. b. A ctrtified copy of all payroll rccords enumerated ln suMlvlslon (a) shall be made available for inspec'tion or fumbhed upon requost to a r€presentetlve of the body awadlrp the conUact, the Dlvlslon of Labor Standards Enforcement, and the Divigion of Apprentlceshlp Standards of the Department of lndustrlal Relations.
c. A certified copy of all payroll records shall be made available upon request by the public for inspection or for coples thereof. However, a request by the public shall be made through either the body awarding the contract, the Dlvbion of Appenticeship Standards, or the Division of Labor Standards Enforcement. lf fie requested payroll records have not been provlded pursuant to paragraph (2), he requesting party shall, prior to being provided the records, reimburse the costs of preparation by CITY/DISTRICTNONPROFIT, subcontractors, and the entity through which the request was made. The public shall not be given acoess to the records at the principal o'ffico sf CITY/DISTRICTNONPROFIT. 'The certified pafroll records shall be on foms prwird by the DMision of Labor Standerds Enforcement or shall oontain the same informatlon as the forms provided by the division. 'CITDISTRICTNONPROFIT or subcontractor shall flle a certlfled copy of the records wlth the entlty that requested the racords within 10 days after receipt of a written request' 'Any copy of records made available for inspection as coples and fumished upon request to the puDlic or any puUiic agi:ncy by ttre awarding body, the Divbion of Apprenticeshlp Standards, or the Divislon qf Labry Standards Enforcement shall be maked or obllterated in a manner so as to prevont disdosure of an individual's name, address and soclel securlty number. The name and address of CITYIDISTRICTNONPROFIT and the subcontractor perfornrlng the contract shall not be marked or obliterated.
The subconfactor shall inform the body awarding the contract of the location of lhe records including the sheet address, city and county, and shall, within five rmrking days, provide a notice of a change of location and address.
'CITY/DISTR|fiNONPROFIT or subcontractor Ehall lrave 10 days in wtrich to comply subeequent to receipt of a written notice requmtlng the reoords. ln the evant that CITY/DISTRICTNONPROFIT or subcontrastor faile to comply within the lOday perlod, he or she shall, as a penalty to the state or political suMivision on wlrose behalf the oontract is made or awarded, forfeit twenty-five dollars ($25) for each calendar d*y, or portion thereof, for each vvorker, ulrlil strict compliance is efiectated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcernent, these penalties shall be withheld from progress payments then
due. CIffiDISTRICTNONPROFIT is not subiect to a penalty a.ssessment pursuant to thls section due to the failure of a subcontractor to comply with thls section.
2. The penalties specified in subdlvision (g) of Labor Code Sedlon 1776 tor nonompllanoe wlth the requirsnenb ln Section 1776 may be deducted fiom any moneys due or which may become dua b G]TY/D I STRICTNONP ROFIT,
3. A copy of all payrolls shall be submltted urcekly to CITY/DISTRICT/NONPROFIT. Payolls shall contain the full natner address and socla! securlty number of each employee, the employee'E con€st classificalion, rate of pay, daily and urcekly number of hours worked, ltemlzed deductions made and acUal wagee paid. They shall also indlcate apprentices and ratio of apprentices to Journeytnen. The employee's address and social security number need only appeer on the firct payroll on which that narne appearE. The payroll shall be accompanled by a 'Srtratemerrt of Compliance" signed by the emplolor orthe ernploye/s agent indbatirU that the payrolls are conpct and complete and that the wage rates contained therein arc not legs than those required by the contract. The 'Stabment of Compliance' sJrall be on fonns fumished by the Department or on atry form with identical wordlng.
CITY/DISTRICTNONPROFIT shall be raponeible for he submission of copies of payrolls of all subcontraclors.
CITY/DISTRICTNONPROFIT and each subcontractor shall preserve their payroll reoords for a period of 3 )rears from the dale of completion of the omtract.
(d) Apprentioes
Attention is dhected to Seclions 1777.5,1777-8 and 1777.7 of lhe Calfornia Labor Gode and TiUe 8, California Coda of Regulations Sec{on 200 et seq. To ensune compliance and complete understanding of the laur regarding apprentlces, and specifrcally the required ratio thereunder, CIftDISTRICTNONPROFIT or subconhactor should, where some questlon exlsts, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Franclsco, CA 94102, or one of its branch oflioes prior to oommoncemant of work on tha public works contast.
Responslbllllybrcompliance wlth this section lies with GITDISTRICT/NONPROFIT, (e) Workss'Compensation
Pursuant to the requlrements ln Section 1860 of the Labor Code, the subcontractor will be required to secure the payment of wot*ers' compensalion to lhe subcontrac'to/s emfloyeee ln conformanca wtth the rcquirements ln Section 3700 of the Labor Code. Prlor to the commencement of work, the suhconbastor ahall slgn and fle with CITY/DISTRICT/NONPROFIT a oertificatlon ln the followlng form:
'l am anvare d the provisions of Sedlon 3700 of the Labor Code whbh require wery employer to be insured against liability for workers' compansation or b underhke self-insurance in accordance with the provisions of that oode, and I wrll comply wr'lh auch provislons bgfors commencing the performance of the work of thls @nlracit."
This oertification is lnduded in the contract, and signature and retum of the contract shall constitute signing and filing of the certificate.
(f) Suits to Recover Penaltles and Forfeltures
1- Attention is directed b Sections 1730 to 1733, inclr.rsive, d the Labor Code oonoernlng sulb to recover amounts withheld from payment for failure to comply with requirrarnents of the Labor Code or contrac,t provisions based on those laua.
2. Those sections provide that a suit on the contrac,t for alleged breach thereof ln not maklng the payment ls the exdusiye remedy of the subconhactor or the subcontrac'tor's aslgnees wlth refererrce to amounb withheld for thoee pernlties or furfeitures; and that the suit must be oommenced and actual notloe thereof receirred the amounts withheld from payment for those penalties and forfeilures is not a prerequlslte for those suits, and these dalme wll not be consldered,
(g) Required Registration with the California Department of lndustrial Relations A contractor or subconhastor shall not be quallfled to bid on, b€ tbted in a bid pllpoBal, subJect b the requirements of Sectlon 4104 dl lhe Public ConFact Code, or sngago h the perfornarrcs of any confact for trrblic tvork, as deflned ln the Lebor Code, unlers cunently registered and qualifled to perform public rnrork pursuant to Section 1725.5 of the Labor Code . lt is not a violation of this section for an unregistered contractor to submlt a bld that is authorlzed by Section 7O29.'l of the Business and Pnofessions Code or by Section 10181 or 20103.5 of the Public Contract Code, provided the contractor ls reglstered to perform public work pursuant to Sectlon 1725-5 of the Labor Code at the time the conbact is awarded.
Pursuant to Caltbmia Labor Code 1725.5, all conbactors and subcontrac{ors must bo registered wtth the Department of lndustrlal Relatlona (DlR) ln order to be qmltlled to bH on, be Ilsted in a bid proposal, eubjed to the rcquiremenls of Sectfon 4104 of the Public Contsac't Code, or ongago in the performarrce of any publb rmrk contract. Detailed information about contracto/s esponsibilitiee and online registration may be obtained on $e State of California Department of lndustrial Rdations, Public Works website, htp://vurnrt.dlr.ca.gov/PublicWorks/Publ lcworke.htm I
NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(24 CFR, Subtitle A, Part 1, Section 1.5 Assurances Required) 1 .5 Assurances Required
(a) Genera!
(1) Every conlract for Federal linancial assistance to oarry out a prognarn or activlty to wttich this Part 1 applies, exscuted on or after January 3, 1965, and every application for such Federal financial asslstano6 submitted on or ffier Jenuary 3, 1S5, shall, as a condi[on to lts approval and the ortension sf any Federal financial msbtarrce pursuant to such contract or application, contain or be accompanied by an assurance that the prryram or actfulty will be conduc-ted and the housing, accommodations, facilities, servi@s, financial aid, or ottrer benefits lo be provHed will be operated and administered in compliance with all requircments impooed by or pursuant to this Part 1. ln the case of a contract c application where thE Federalfinarpial assistanca b to provide s is in the form of personal property or rsal prcperty or interest therein or stuctures theruon, the assumnce shall obllgate the recipient or, in the caee of a subsequent transfer, the transfer€e, for lhe period during wttich the prcperty ie uged for a purpoae for which the Federal flnancial assistiance is extended or for another purpose involving tlre provision of simllar seMces or benefib, or for as long as the redpient retains mmershlp or possesslon of the property, wtrichever b longer. ln all otlrcr cases the assuranoo shall obligab the reclpient for the period during wtrich Federalllnancial assisbnce ls extended purauant to the conbact or application. The responsible Department official shall specify the form of the foregolng assurance for such program or activity, and the extent to whlch like assuranoe will be r€qulred of eubgrantees, contac'tora and subcon?ac{ors, transfereo6, succegsors in intercsl, and other partlclpants in the program or activity. Any such assuranca shall include provisions which give the Unlted States a right to seek ltsludicial enforcemstt. (2) !n the case of real property, structures or improvements tlrereon, or interesE thereln, acquired through a prognam of Federal financial assistance, the instrument effecting any dlsposltlon by the recipient of such real property, structures or lmprovements thereon, or interests therein, shall contain a covenant running wlth the land aasurlng nondlscrimination for the perhd during $fik$ tho real properf is usod for a purpose for whlch the Federal flnanclal assictance is extended or for anothsr purpose involving the provision of similar serulces or benefits. ln tha case wfiere Federalfinarrcial assistance is provided in the form of a transfier of real property or interests thersln from the Federal Government, the instrument efiecting or reording the transfer shall contain such a oovenant. (3) tn a program receiving Federal finarrcial assistance in the fonn, or for tle aoquisition, of real property or an inbreet in real proprty, to tha exbnt trat rlghts to spaoe on, 0\6r, or urder any such propertyare lrrcluded as partof the program reodving such aseistencs, the nondiecrimhation iequirements of this Part I shatt extend to any faclllty located wholly or in part in such sPace. (b) Pre-existing contracts - funds not disbursed. ln any case where a oontract for Federal financial assistance. to carry out a program or actlvlty to vuhich this Part 1 applies, has been executed prior to January 3, 1965, and the funds have not been fully dbbursed by the Department, the responsible Department fficial shall, whero nressary to effoct/ate the purposes of this Part 1, rsquire an assuranoe slmllar to that provided in paragraph (a) of thb gectbn ag a condltlon to the dlsbursement of further funds. (o) Pre+xisting contract - periodic payments. ln any case where a contrac-t for Federal finsncial assistance, to carry out a program or actl'vity to wtrictr this Part 1 applies, has been o<eq$ed prior to January 3, 1965, and provides for perlodlc payrnents for the continuation of the programor activity, the recipient shal!, in connec-tion with the flrst application for such perlodlc paymenb on or after January 3, 1965:
(1) Submit a statement that the prognam or actlvlty ls belng eonduc'ted in complhnca with all requircments imposed by or pursuant to this Part 1; and (2) Provkle such methods of administralion for the program or activity as are found by the Pagel af 2 EXHIBIT'H'
responsible Department official to give reasonable assurancs that the recipient will oomply with all requirements imposad by or pursuant to this Part 1.
(d) Assurances from institutions.
(1) In the casa of any application for Federal financial assishnce to an institutkrn of higher education, the assurance required by this section shall extend to admission practices and to alt other practices relating to the treatment of students.
(2) The assurance required wlth respect lo an institution of higher education, hospltal, or any other lnstitution, insofar as the assurance rehtes to the irclitution's practices with respect to admission or other treatment of persons as sfudents, patients, or clients of the instltutlon or to the opportunlly to particlpate ln the provision of services or other benefils to such p€rsons, shall be applicabte to the enlire instilution unless the applicanl establbhes, to the satisfaction of the responslble Departrnent official, that the institution's practices In designated parts or programs of the instilution will in ro vtray affect ib practices in the program of the institution for wtrictr Federal financial assistance is sough! or the bene{iciaries of or participants in euch program. lf in any such case the assistance sought is for the constructlon of a facility or parl of a facility, the assurance shall in any event extend to the entire facility and to facllltles operabd in connec,tion therewith.
(e) Elementary and secondary schools. The requiremenb of thls section with respect to any elementary or secondary scttool or school system shall be deemed to be satlsfled if such school or sctpol sptem (1) ls subject to a final order of a court of the United States for the desegregation of such school or schml s)4stem, and provides an assurance that lt will comply wlth such order, lncluding any future modification of such order, or (2) submiE a ptan fur the desegregation of such school or school slatem which the responsible official of the Department of Health and Human Services determines is adequate to accomplish the purposes of the Ac-t and this Part 1 wlthln the earliest practicable time, and provides reasonable assurancs that it will carry out suoh plan.
(Authority: Sec. 7(d) Department of Housing and Urban Development Acl(42 U.S.C. 353std))) [38 FR 17949, July 5, 1973, as amended at 50 FRg269, March 7, lg8s Page2 ot 2 EXHIBIT'H"
EQUAL OPPORTUNITY
(48 CFR 52.2?2-26)
(Sept 2016)
(a) Definitions. As used in this clauseCompensation means any payments rnade to, or on behalf of, an employee or offared to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retiremenl Compensation information means the amount and type of compensaton prcvlded to employe€s or offered to applicants, including, but not limited to, the deslre of the Conhactorto attract and retain a particular employee for the value the employee is perceived to add to the Gontracto/s profit or productivity; the availabil,ty of employees with like skilts in the marketplace; market research about the worth of eimilar jobs in the relevant markeplace; job analysis, descriptlone, and evalualions; salary and pay structures: salary surveys; labor union agreements; and Contactor declslons, statements and policies retated to setling or altering employee compensation.
Essentia! job functions means the fundamentaljob duties of tha employment position an individual holds. A job function may be considered essential if-
(1) The acoaas to compensation informaflon ls neoessary ln order b perform that function or another routlnely assigned business task or
(2) The func,tion or duties of the position include protecting and maintraining the privacy of employee perso nn el re@rds, i nc{ud i ng com pensation i nfo rmation' Gender identity hag the meaning given by the Deportment of Labo/s ffice of Federal Contrac{ Compliance Programg, and ls bund at www.dol.gov/ofccp/LGBT/LcBT-FAQs.htnl.
Sexual orientation has the meaning given by the Department of Labo/s Office of Federal Contract Gompliance Programs, and is fuund atwww.dol.gov/ofccp/LGBTTLGBT-FAQs.hbml.
United Stabs means the 50 States, the District of Cotumbia, Puerb Rico, the Northem Mariana lslands, American Samoa, Guam, the U.S. Mrgin lslands, and Wake lsland. (bxl ) lf, during any 12<nonth period (lncludlng the 12 months preceding the award of hls contract), the Contractor has been or is avuarded nonexernpt Federal contracts and/or subconbacts that have an aggregate value in excoss of $10,000, the Contactor shall comply with this clause, except for work perfonrred outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide lnformatlon necessary to determine the appllcability of thls clause.
(2) lf the Contractor ls a religious corporation, association, educational instifution, or society, tfie requirements of thls ciause do not apply with respec{ b the employment of individuals of a parucular religion b perbrm uork oonnected wi0r the carrytng on of the Contracto/s activities (41 CFR 60-
1.5).
(cXl ) The Conhactor shall not discriminate agalnst any employee or applicant for employment because of race, color, rallglon, ssx, sexual oriantaUon, gender identity, or national orlgln. However, it shall not be a violation of thle clause br the Conbactor to extend a publidy announced prcftrence in employment to lndians living on or near an lndian reservation, in connection with employment opportunities on or trear an lndian reeatvation, as permitbd by 41 CFR 60-1.S. (2) The Contrac'tor ahall take ffirmative action to ensure that applicanB are employed, and that employees are treated during employment, wltrout rogard to thetr race, @lor, religlon, sex, sexual orlentation, gender identty, or national onigin. Thtg shall lnclude, but not be limiled to, (i) employrnent, (ii) upgrading, (lll) demotion, (iv) hansfur, (v) recrultnent or recruitnent adverflsing, (vi) layotr or termlnation, (vii) ratee of pay or other brms of compensation, and (viii) seteclion for tnalnlrq, i ncluding apprentoeship.
(3) The Contractor shall post in consplcuous places arrailable to employaes and applicants for employment the noUces b be provided by the Conhaoting Orfficer that axplaln tris clause. (4) The Conbactor shall, in all solictEtons or advertisementg br employees placed by or on behalf of the Gonhac{or, state that all qualified applicants wlll receive consideratbn for employment without regard to race, color, religion, sex, sexual orlentaton, gender ldentity, or national origin. (sXi) The Contractor shall not disc*rarge or in any o0rer manner dlscriminate against any employee or appllcant for emdoyrnent because such employee or applicant has lnquired about, dlscussed, or dlscloeed the compensalion of the employee or appllcant or another employee or applicant. This prohlblUon against discriminaton does not apply to lnstances in which an employee who has access b the compensation information of other employees or applicants as a part of such employree's essental Job functions discloaes the compensation sf suclr other emplolrsoa or applicants to individuals who do not othenrise have access b sudr informailon, unless such dlsdosure is in rEsponsa to a fonnal comflaint or cirarge, ln furtherance of an lnvestigation, procaeding, hearing, or action, induding an invest(lation conduc{ed by the employer, or is consistent with the Contac{o/s legal duty to fumish lnfurmation.
(ll) The Gontracbrshall dlgsenrinate the prohlblUon on discrimination in paragraph (c)(E[t] of this chuse, using Ianguage prescribed by the Direcbrof the Office of Federal Contract Compllance Prcgrams (OFCCP), to employees and applicants by-
(A) lncorporation into exlstng employee manuals or handbooka; and (B) Electonic posting or by posdng a copy of the povlslm in conspicuous plaoes anailable to employees and applicants br employment.
Paga2ot 4 EXHIBIT .t.
(6) The Conhactor shall send, b each labor uilon or rcprcsenffire of woilers wlttt nfiich it has a collectlve baryalning agreement or other contac't or undeebndhg, he notice to bc provided by Ure Contrac{ing fficer advising the Iabor union orworkers' rcplasentatve of the Gonhacto/s oommitnents underthb cJause, and postcopleo of the notoe ln oonspiorous plaoes amilable lo employees and applicants for employment
(7) The Gonbactor shallcomplywlth Executive Order 112ffi, ae amended, and the rules, regulatlons, and orders of the Secretary of Labor.
(8) The Con&acbr shall fumish b the oontracting agency all inhmation mquirad by Executive Order 11246, as amended, and by the rules, regulations, and ordere of tre Secretary of Labor. The Contraotor ghall also file Shndard Form 1fl) (EEGI), or any eucoessor furm, as prascdbed in 41 CFR patt 60-1. Unleos the Confractor has filed wlthln the 12 rnonhe preceding the date of conEact awald, the Confactor shall, wlthln 30 days afier conhac't award, apply to eitherthe regional OfficE of Federal Cmbact Compliance Programs (OFCCP) orthe localofre of the Equa! Employment Opportunity Comrnission fu r $e nocessary fu rms.
(9) The Confacbr shall pemlt eooess b its pmrnlaes, durlng normal busineos hourr, by the conhactng agency orthe OFCCP fiorthe purpos€ of conductlng on+ite compllane evaluaUons and oomplaint investigations. The Contracbr shall pemit the Govemment to irrcpect and copy any books, accounE, racolde (induding oomputarized rccords), end olher material that may be relevaff to the matbr under lnveatigalion and pertined to compliance wilh Executve Order 11246, as amended, and rulee and regulatlrns that lmdementha Execulirn Oder. (10) lf the OFCCP determlnes that the Contractor is not in complianoe with thls daus6 or any rule, regulation, ororderof the Seoetary of Labor, ttigconhact may be canceled, termlnabd, or suspended ln n'hole or in part and the Contracbr may be dedarcd lnellglbte br furtrer Gorremment oonfiac(e, underthe poceduresauthorlaed ln Execr.ilive Order 1124f, ag amended. ln addltlon, eanc'tlons may be imposed and rcmedles inrroked agalnst the Gonbactor as povlded ln Executlve Order 112#, as amended; in the rules, reguHions, and odett of Ure Secretary of LaboG or as othenMse prwidod by law.
(11) The Contrac.tor shall indude the Erms and conditione of this dause in every ubontract or purchase oder hat le not exempted by the rules, rcguhtons, or orderc of the Secrctary of Labor issued under Executive Order 112ffi, as amended, so that theso brms and mnditions will be binding upon each eubconhacbr or vendor.
(12) The Contractor glrall taka such action wih reepec't b any subcontmc't or purchasa order as the Dlrcator of OFCCP may direct as a rrcans of enbrclng thce tsme and condltons, inoludlrg sanc'tlone for noncompliance: povlded, that lf the Conhactr becornes lnvolved in, or le throabned wlth, lltlgatlon wlth a subcontraffir or vendor as a result of any diradlon, the Contractor may rcquest the United Statee to enter into the litigation to pmbct the inbrcsts of the Unihd Statos.
Page3of4 EXHIBIT'I'
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures ln 41 CFR part 6O-1.
ECONO]T'IC OPPORTUNITIES FOR LOW- AND VERY LOW.INCOME PERSONS A. The urork to be performed under this contract Is subject b the requircmenls of eeclion 3 of the Housing and Urban DevelopmentAct of 1968, as amended, 12 U.S.C. 1701u (sacllon 3). The purpose of section 3 is b ensure that employment and other economlc opportrnities generated by HUD assistance or HUD-ashiled projects covercd by section 3, shall, to the greatest extent feasible, be directed to lonr and very lorlncome p€rsons, particularly persons who are recipienB of HUD assidance for housing.
B. The parties to thls conbact egr€e to comply wfth HUD's regulationa in 24 CFR part 135, wtrlcfi implement gedion 3. As evidenced by their execution of this contact, the partles b thb contract cerfify that they am under no contmchral or other impediment that urculd prwent thern from complylng with the part 135 regulalions.
C. The contrac'tor agroes to send to each labor organization or representative of uorkers wlth which the contracbr has a collectfue bargainirg agreement or other understanding, lf any, a mtice advislng the labor organtratlcn or vtorterB' repreaentative of the contractor's commitments under thls secllon 3 dause, and will post coplee of the notlce in consplcuous placas at the work eite whara both employees and applicants for tralnlng and empbyment posltkong can see the notice. The notice shall describ€ th€ section 3 preference, shall set brth minimum number and job titles subject b hire, availability of apprantloeship and tralning poeiUons, the qualtrrcatlons for each; and lhe name ard locatlon of tre person(s) takirB applications for each of the positions; and the anticirated date the nrork shall bagin, D. The contractor agrec to include thb s€ctbn 3 clause in every subcontract subiec{ to compliance with regulatlons in 24 CFR pail 135, and agr66o to take appropiab actlon, ae prwided in an appllcable provision of fie subconbaol or in thls sectlon 3 clause, upon e lindlrg that the eubconfador ls ln vlolation of the reguldions in 24 CFR part 135. The conbaclor wfll not subcorrfact with any subcontrac.tor where the contractor has notice or knorledge that the subcontrastor has be€n fourd in vlolatlon of the regulations h 24 GFR part 135.
E. The oontractor will certify that any vacent employment positions, including hainlng pooitions, that ara filled (1) after the contractor is selected but before the conhact b executed, and (2) wlth persons oth€r than thoee b whom the regulationa of 24 CFR part 135 raquire employment opportunilie to be direct€d, were not filled b circumvent the contractor's obllgations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termlnation of thls contrac{ for defaull, and debarmenl or suspension from future HUD assisled contacts.
G. With resposl to work perfurmed !n connection wlth sectlon 3 covered lndlan tnueing asslstiance, sac'tlon 7(b) d the lndlan Self0etermination and Educatlon Aselstanc€ Act (25 U.S.C. 450e) also applios b the work b be performed under this contract Section (b) reqJire that to the greabst extent feasible (i) prefererrce and opportunlfles for training and employment shal! be given to lndiars, and (ii) preferance in the arnrd of contracts and subcontracb stull be glven to lndian organizatiors and lndian-ovmed Economic Enterprises. Partles to this conFact thgt are subject to the provisions of scc{ion 3 and section 7(b) agree to oomply with soctbn 3 to the modmwn exlent feasible, but not ln derogation of compllance wlth tection 7(b).
UNLIZATION OF SMALL BUSINESS CONCERNS
(48 CFR 52.21s-8t
(Ostober2018)
(a) Definitions. As used in this contractHUBZone small business concem means a small buslness concern, certtfied by the Srnall Business Admlnisbation, that appears on the List of Qualified HUBZone Smal! Business Concems maintained by tre Small Business Administration.
SeMcedisa bled vetera nowned small business concem-
(1) Means a small business concern-
(i) Not less than 51 percent of whiclt is owned by one or more servioe.disabled veterans or, in the case of any puUicly owned business, not less than 51 pereent of the stock of which is owned by one or more service-disabled vetsrans; and
(ii) The management and dally buslness operations of wtrich are controlled by one or mone service-disabled veterans or, in the case of a seruicedisabted veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service{isabled veteran means a v€teran, as defined in 38 U.S.C.101(2), with a disability that is serviceconnected, as defined in 38 U.S,C. 101(16).
Small business concem means a srnall business as defined pursuant to Section 3 of the Small Business Act and re levant re gulations prom u I gated pursuant the reto.
Small disadvantaged business conoem, conslstent with 13 CFR 124.1002, means a small business concem under the size standard applicable to the acquisition, that-
(1) ls at least 51 percent unconditionally and directlyowned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as dofined at 13 CFR 124.1031and economically disadvantaged (as defined at 13 CFR 124.104) tndlviduals who are dtlzens of the United States;and (ii) Each individual claiming economlc dlsadvantage has a net worth not exceeding $750,000 after taking into acoount the applicable exclusions set turth at 13 CFR 124.104{c){2); and (2) The management and daily businegs operations of which are contro[]ed (as defined at 1 3.CFR 1 24, f 06) by individuals, who meet the criteria in paragraphs (1Xi) and (ii) of this definition.
Veteran-owned smallbusiness conoem means a small buslness concernPage 1 of3 EXHIBIT'K (1 ) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C, 101(2) or, in the case of any publicly owned business, not less than 51 peroent of the stock of which is owned by one or rrcre veterans;and
(2) The management and daily business operations of which are controlled by one or rxlre veterans.
Womenowned small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women: and (2)Whose management and daily business operatlons are controlled by one or more women. (b) lt is the policy of the United States that small business concarns, veteran-owned small busineqs conoems, servicedisabled veteranowned smallbusiness concems, HUBZone small business concems, small disadvantaged business @ncerns, and womenowned small business concems shall have the maximum practicable opportunity to participate in performing contracts let by any Federal ag6ncy, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. lt is further the policy of the United States that its prime contnactors establish procedures to ensure the timely payment of amounts due pureuant to the terms of their subcontracts with small business conoerns, veteran+wned small business @ncems, service-disabled veteranowned small business concorns, HUBZone small business conoBrns, smalldisadvantaged businegs concerns, and \ romen-owned small business conogms.
(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient conhact performance. The Contractor fufiher agrees to cooperate in any studies or sulveys as may be conducted by the Unibd States Small Buslness Administmtion or the awarding agency of the United States as may be necessaryto determine the extent of the Contracto/s compliance with ttis clause. (d)(1) The Contactor may accept a suboontractofs written representations of itrs size and socioeconomic status as a small business, smalldisadvanhged business, veteran+wned small business, service-disabled veteran-owned small business, or a womsn-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are cunent, accurate, and complete as of the date of the offer for the subcontract,
(2) The Contractor may accept a subcontracto/s representalions of ib size and socioeconomic status as a small business, smalldisadvantaged business, veteranowned small business, servlc+.disabled vetreranowned small business, or a women+wned small business ln the Systern for Award Management (SAM) if- (i) The subcontractor is registered in SAM; and
(ii)The subcontractor represents that the size and socioeconom'rc status representations made in SAM are cunent, accurate and complete as of the dale of the offer for the subcpntract. (3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomio status in connection with a subcontact.
(4) ln accordancewith 13 CFR 121.411,124.1015,125.29,126.900, and127.7O0, a contractoracting in goodfaith is not llable for mlsrepresentations made by its subcontractors regarding the subcontractor's size or socioeoonomic status.
(5) The Gontractor shall confirm that a subcontractor representing itseff as a HUBZone small business concem is certilied by SBA as a HUBZone smal! business conoem by accessing the System for Award Management or by c-ontacling the SBA. Options for contacting the SBA include- (l) HUBZone small business database search appllcation Web page at htp://dsbs.sba.gov/dshVsearch/dsp_searchhubzone.cfin; or hftp:/Aruww.sba.gov/hubzone; (ii) ln writing to the Director/HUB, U.S. Small Business Administration,409 3rd Street, SW., Washington DC 2M16; or
(iii) The SBA HUBZone Help Desk at [email protected].
Small Business Subcontracting Plan
(48 CFR 52.21s-91
(September 10,2A21)
Small Buslness Subcontracting Plan (SEP 2021)
(a) This clause does not apply b small business conoBms. (b) Definitions. As us€d in this chuseAlaeka NaWe Corporaton (ANC) means any Regional Corporation, Mllaga Gorponation, Urtan Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act. as amended (/$3 U.S.C. 1601, et saq.) and wttlch ls conskJercd a mlnority and economically disadvantaged con@m under the cdteria at 43 U.S.C. 1626(eX1). This definition also includes ANC direct and indirec't subeldlary corporations, joint ventures, and partnerships that meet the rcquirements of 43 U.S.C. 1626(e)(2).
Comrnerclal item means a product or eervice Orat satisfies the definition of commercial ibm in Fedenal Acqulsltion Regulation (FAR) 2.101.
Commercial plan means a suboontractng plan (lncludlng goals) that covere the offaro/s ffsca! year and that applies to the entire produdlon of commerclal ltems sold by eiher the entire company or a portion thereof (e.9., division, plant, or product line).
Elecfonic Subconbacting Reportlng System (eSRS) means the Govemmentwide, electronic, webbased system for small business subcont€cdirp prcgram reporting. The eSRS is located at h tp //wttrur.es rs. got/.
lndian tibe means any lndian fibe, band, group, pueblo, or community, including native villages and native groups (induding corporations organlzed by Kenai, Juneau, Sitka, and Kodhk) as defined in the Alaska Native Claims Settlement Act (43 U.S.CA. 1601 et seq.), that is recognized by the Federa! Govemment as ellgible for seMces from the Buroau of lndlan Affairs in accordance with 25 U.S.C. 1452(o).
Thls definition also includes lndlan+wned economic enterprises that meet he requlrcments of 25 U.S.C. 1452(e).
lndividual subcontracting plan msans a suboontracting plan that covers the entire contract peliod (induding oplion periods), applies to a specific conbact, and has goals that are based on the ofiero/s planned subcontsacting ln support of the specific contracil, except that lndlrcot oostg lncuned for common or joint purposes may be allocated on a porated basisto the contract.
Master subcontmcting plan means a subconfracting plan that contains all the required elements of an indlvtdual suboontnac.ting phn, except goals, and may be Incorporated lnto individual subcontacting plans, provlded tlre master gubconfacting plan hae been approved.
Reduced payment means a payment that is for less than the amount agreed upon in a subconhad in accordance with lts terms and conditions, for supplies and selvicas for which tte Govemment has pald the prlme contractor.
Subconhact means any agreement (oher than one involving an employer-employee relationship) entersd inb by a Federal Government prime Contractor or subcontractor calling fur supplles or services required for performance of the contract or subcontract.
Total conhact dollars means the final anticipated dollar value, indudlng the dollar value of all options.
Untimely payment means a payment to a subconfactor that is more than g0 days past due under the terms and condlUons of a subcontnact br supplies and services br which the Govemment has pald the prime contnactor.
(c)(1) The Offuror, upon request by the Contnacting ffic€r, shall submit and negotlate a subconhacting plan, where applicable, that separately addresses submnhacting with small buslness, veteranowned small business, servl@'disabled veteran-owned emall business, HUBZone small business, srnall disadvantaged buslness, and womenowned small business concerns. lf the Offeror is submlttlng an individual subcontracting plan, the plan must separately addrcss subcontracting wlth small business, veteran-owned small business, seruicedisabled veteran-owned small busines$, HUBZone srmll buslness, small disadvantaged businass, and vromen-oilned small bugines,g concems, with a separate part for the basic contract and separate parb for each optbn (il any), The subcontracting plan shall be included in and made a part of he resultant contract. The subconhacting plan shall be negotiated within the time specified by the Contracting Officer. Failura to submit and negoflate the subcontracting ptan shall make the Offeror lneligible for award of a oontrEct. (2Xi) The Contractor may accept a subcontracto/s written representatlons of its slze and socioeconomic status as a small business, small disadvantaged bueiness, veteranowned smal! bueineos, servicedisabled vetenan-owned small business, or a uomen-ownsd small business lf the subconhactor represents that the size and socioeconomic status reprasentations with its offer are cunent, accurate, and complete as of the date of the ofier for the subconhact. (ii) The Contractor may accept a subcontracto/s representations of its slze and socioemnomic status as a small business, small disadvantaged business, vet€ren-owned small business, servicedisabled veteran-owned small business, or a woman+wned small buslness in the System for Award Management (SAM) if-
(A) The subconbactor is reglstered in SAM; and
(B) The subcontractor reprcsants that the size and socioeconomic stafus representations made in SAM are cunent accurate and oomplete as of tre date of he offerforthe subconfaat. (lli) The Contractor may not require the use of SAM for the purpoees of rcpresenting size or socioeconomic status ln connection wtth a subconbact.
(lv) ln accordance wlth 13 CFR 121.411,124.1015,125.N,126.900, and 127-700, a contractor acting in good faith is not liable for misreprcsentations made by lts subcontractors regardtng the subcontractorrs slze or socioeconomic stgfus.