HomeMy WebLinkAbout2011-05-24 City Council Item No. 06CITY OF
LADE C~>-?.LSIIYORE
DREAM
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 24, 2011
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REQUESTING A GRANT
FOR THE OPERATION AND MAINTENANCE OF THE
FLOATING RESTROOMS FROM THE DEPARTMENT OF
BOATING AND WATERWAYS AT LAKE ELSINORE.
Background
In January 2011, Mary SantaCruz, Lake, Parks & Recreation Office Assistant,
corresponded with the California Department of Boating & Waterways (DBAW)
concerning a grant to maintain the floating restrooms on the Lake. The City recently
received notification from DBAW authorizing an $8,000 grant to the City of Lake
Elsinore for operations and maintenance of the floating restrooms.
Discussion
The City placed two floating restrooms on Lake Elsinore in 2002 and have been
maintaining from 2002 to present. The grant shall not exceed 75% of the allowable
project costs; therefore, the City is required to pay at least 25% of the cost to
operate and maintain the floating restrooms. Considering the City already pays
100% of the cost for O&M, the grant will offset the majority of the cost, with savings
realized by the City.
The grant requires the posting of signs on the floating restrooms recognizing the
grant funds from the Federal Clean Vessel Act. Staff estimates the cost of
purchasing and mounting the signs at about $200.
Fiscal Impact
Acceptance of the grant is anticipated to save the City approximately $7,800 through
March 2013.
Recommendation
Approve the attached resolution accepting the grant and authorize the City Manager
to execute the grant agreement.
AGENDA ITEM NO. 6
Page 1
O&M Grant for Floating Restrooms
Page 2 of 2
Approved by:
Approved by:
Pat Kilroy, Director
Lake, Parks & Recreation Department
Robert A. Brady, City ManagerV6
Attachments:
• Resolution
• Grant Agreement
1~10;;7
May 24, 2011
Page 2
RESOLUTION NO. 2011-034
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REQUESTING A GRANT FOR THE OPERATION AND
MAINTENANCE OF THE FLOATING RESTROOMS FROM THE
DEPARTMENT OF BOATING AND WATERWAYS AT LAKE ELSINORE.
WHEREAS, the City of Lake Elsinore is required by the State of California to
maintain the Lake for public park and recreation purposes in perpetuity; and
WHEREAS, the City Council of the City of Lake Elsinore is desirous of operating and
maintaining the floating restrooms on Lake Elsinore to meet the needs of the boaters and to
provide public access to these facilities; and
WHEREAS, the Department of Boating and Waterways is authorized to provide
grants to cities, counties, districts and other public agencies for the operation and
maintenance of floating restrooms; and
WHEREAS, the City of Lake Elsinore is willing to enter into an agreement to provide
for the operation and maintenance of the proposed facilities; and
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City of Lake Elsinore hereby requests that the Department of
Boating and Waterways provide a Clean Vessel Act Grant for the operation and
maintenance of the floating restrooms at Lake Elsinore; and
SECTION 2. The City of Lake Elsinore agrees to accept the grant and the City
Council of the City of Lake Elsinore hereby authorizes the City Manager to sign the grant
agreement and accept the grant for the purpose stated above.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, this 24th day of May, 2011.
AMY BHUTTA, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIRGINIA J. BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD, CITY ATTORNEY
Page 3
CITY COUNCIL RESOLUTION NO. 2011
Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, VIRGINIA J BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2011- _ was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 24th day of May, 2011, and that
the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIRGINIA J. BLOOM
CITY CLERK
Page 4
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
- AV
cow
AGREEMENT NUMBER
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAhfB
DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT)
CONTRACTOR'S NAME
City of Lake Elsinore (GRANTEE)
2. The term of this _
Agreement is: Shall begin on the Effective Date and continue for Two (2) years from the effective date of
this agreement.
3. The maximum amount $ $,000.00
of this Agreement is: EIGHT THOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference, made a part of the
Agreement.
Location: Lake Elsinore - SSR
Exhibit A - Floating Restroom Grant Operation and Maintenance Contract Reimbursement
3 pages
Exhibit B - Floating Restroom Grant Operation and Maintenance Standard Terms and Conditions
4 pages
Exhibit C - General Terms and Conditions
OTC 610
Contractor Certification Clauses
CCC 307
Items shown with an Asterisk are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard%20Lanyuage/default.htm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (father than an individual, state whether a corporation, partnership, etc.)
CITY OF LAKE ELSINORE
DATE SIGNED(Do not type)
.iK
ADDRESS
130 S. Main Street
Lake Elsinore, CA 92530
STATE OF CALIFORNIA II
AGENCY NAME
DEPARTMENT OF BOATING AND WATERWAYS
DATE SIGNED(Da not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
LUCIA C. BECERRA, Acting Director
ADDRESS
2000 EVERGREEN STREET, SUITE 100
California Department of General
services Use Only
❑ Exempt per:
EXHIBIT A
FLOATING RESTROOM GRANT - OPERATION AND MAINTENANCE CONTRACT
REIMBURSEMENT
CITY OF LAKE ELSINORE
1. PARTIES
The parties to this Agreement are as follows:
(a) DEPARTMENT: The Department of Boating and Waterways
(b) GRANTEE: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
2. GRANT
(a) The DEPARTMENT hereby grants up to EIGHT THOUSAND DOLLARS ($8,000.00), to
the GRANTEE, for operation and maintenance of the floating restroom facilities at the Lake
Elsinore in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85).
(b) The grant shall not exceed SEVENTY FIVE PERCENT (75%) of the allowable project costs.
The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25%).
(c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616].
(d) This GRANT is subject to the terms and conditions in Exhibits A, B, and C of this
Agreement.
3. TERM OF CONTRACT
(a) This CONTRACT shall cover the operation and maintenance expenses incurred from the
EFFECTIVE DATE of the Contract to March 9, 2013.
(b) This CONTRACT may be extended, amended or canceled upon agreement of both the
DEPARTMENT and the GRANTEE.
5. USER FEES
The GRANTEE may not charge a fee for the use of the facilities covered by this GRANT.
6. SPECIAL PROVISIONS
(a) 1. The floating restrooms operated and maintained under this grant shall be open and
available to the public for the full term of this CONTRACT.
2. The floating restroom facilities shall not be moored, tied to, or located within or
immediately adjacent to any marina. The intention of the floating restrooms is to
provide sanitary facilities in locations that would not otherwise be available due to
remote location, limited or no landside access, or rough topography.
1/25/2011 1 SSR Maintenance GrantPage 6
EXHIBIT A
(b) The grant recipient shall install signage that shall:
I Acknowledge that the facility was constructed or improved with funds from the
Clean Vessel Act. (State supplied sign).
(c) Operation and Maintenance of Project
1. Because the Department has invested public funds in the floating restroom facilities,
the Department has a vested interest in their success. As a condition of the grant
funds the Grantee is therefore responsible to ensure that the facilities are operated and
maintained in a manner that will prevent discharge of any sewage to the waters of the
State, shall be maintained in good working order, and shall be regularly cleaned for
the term of this contract.
2. The Department shall not be liable for any costs of maintenance, management,
control or operation of the Project Area.
3. The Department and its agents may, at any and all reasonable times during the term
of this contract, enter the Project Area for purposes of inspecting the facilities to
determine if the facility is being maintained according to the terms of this contract
and the Recommended Minimum Maintenance Guidelines listed below.
4. Failure to maintain the facility according to this section is a breech of this contract
and may subject the Grantee to Termination of this contract.
5. The Department and its agents may, at any and all reasonable times during the term
of this contract, enter the Project Area and install upon the equipment (at no cost to
the Grantee) a monitoring device to record the operation and reliability of the
facilities operated under this grant.
6. The Grantee shall at a minimum maintain the facility in accordance with the
Recommended Minimum Maintenance Guidelines listed below:
1. On a weekly basis inspect the facility for cleanliness, and general operating
condition. Perform cleanup/maintenance as required.
2. As recommended by the equipment manufacturer perform preventative
maintenance per recommended schedule.
3. Grantee should complete all repairs within 72 hrs of identifying a facility need.
(d) GRANTEE shall each year provide information about the use and reliability of the floating
restroom facilities in the form of a post-implementation evaluation report (PIER) provided by
the Department and shall transmit the results of the PIER to the DEPARTMENT no more
than 30 days after receipt of the PIER.
(e) Notices required between the parties shall be deemed to have been given when mailed to the
respective addresses herein, first-class postage fully prepaid thereon.
1/25/2011 2 SSRMaintenance Grantpage 7
EXHIBIT A
PROJECT CONTACTS
DEPARTMENT Contact: Kevin Atkinson
California Department of Boating & Waterways
2000 Evergreen Street, Suite 100
Sacramento, California 95815
phone: 916-263-8149
fax: 916-263-0648
email: katkinsonkdbw.ca.gov
GRANTEE Contact: Pat Kilroy
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
phone: (951) 674-7730
Either parry may make changes to the information above by giving ten (10) days written
notice to the other party. Said changes shall not require an amendment to this agreement.
End
1/252011 3 SSR Maintenance Gra"Page 8
EXHIBIT B
FLOATING RESTROOM OPERATION AND MAINTENANCE CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I -
A. ALLOWABLE PROJECT COSTS means those permitting, planning, management, signage,
labor, design, material and construction costs which are necessarily incurred by the
GRANTEE for the purpose of operating and maintaining the PROJECT and are covered by
the GRANT as eligible grant activities; such PROJECT COSTS shall not include any
expenses incurred prior to the effective date of this CONTRACT nor any expenses incurred
for ineligible activities.
B. CONTRACT means the contract to which these standard terms and conditions are appended
C. DEPARTMENT means the Department of Boating and Waterways.
D. EFFECTIVE DATE means either the start date or the approval date by the Department of
General Services, whichever is later. No work shall commence until the effective date.
E. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75 and
the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part ofthe PROJECT
COSTS.
F. GRANTEE means the person or entity identified in Exhibit A as the GRANTEE.
G. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall
have full and reasonable access to the floating restroom facilities for the purpose of sewage
disposal.
H. PROJECT means those floating restroom units granted to the Grantee by the Department of
Boating and Waterways by prior grant agreement. No other restroom facilities are eligible for
reimbursable costs covered by this agreement.
ARTICLE II - OPERATION AND MAINTENANCE OF PROJECT
A. All contracts for the PROJECT shall:
1. Be awarded in accordance with all applicable laws and regulations, including but not
limited to competitive bidding.
2. Contain the following clause: "Representatives of the Department of Boating and
Waterways shall be allowed access to all parts of the construction work."
3. Contain a clause that the contractor shall comply with all air pollution and
environmental control rules, regulations, ordinances and statutes which apply to the
PROJECT and any work performed pursuant to the contract.
B. Inspection reports and related inspection data shall at all reasonable times be
accessible to the DEPARTMENT personnel, and request copies of such reports and
data shall be provided to the DEPARTMENT by the GRANTEE.
Revision 5/2010 1 SSR Maintenance Grant - ExhibitB
Page 9
EXHIBIT B
ARTICLE III - DISBURSEMENT OF GRANT
A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover costs
unless and until the GRANTEE demonstrates that it has acquired permits necessary (as
applicable) to construct or repair the PROJECT.
B. The Grantee may request periodic reimbursement payments for the operation and
maintenance of the PROJECT. The reimbursement requests shall cover a minimum period of
six (6) months of expenses, unless otherwise approved by the Department.
C. Grantee shall account for all project costs expended under this grant as required by the
DEPARTMENT. Prior to disbursement of funds, GRANTEE shall provide (in triplicate) the
DEPARTMENT with (1) copies of all invoices, receipts, timesheets, and (2) afmal summary
of all project costs.
D. The GRANTEE shall request final payment in writing under this CONTRACT no later than
SIXTY (60) days following the end date of the contract term.
E. The DEPARTMENT may withhold any payment of GRANT funds for failure by the
GRANTEE to comply with any of the conditions and provisions of this CONTRACT.
ARTICLE IV- LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the
right to contribution for any loss or damage arising from, growing out or in any way
connected with or incident to this CONTRACT.
B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers,
agents and employees against any and all claims, demands, damages, costs, expenses or
liability arising out of the acquisition, design, construction, operation, maintenance, existence
or failure of the PROJECT.
C. If the DEPARTMENT is named as a co-defendant, the GRANTEE shall notify the
DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the
DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses
and attorney's fees.
ARTICLE V - WAVER OF RIGHTS
It is the intention of the parties hereto that from time to time either party may waive certain of its rights under
this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a default or any
other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any
other default or matter.
ARTICLE VI - REMEDIES NOT EXCLUSIVE
The use by either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the
enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit
the application of, any other remedy provided by law.
Revision 52010 2 SSR Maintenance Grant- Exhibit B page 10
EXHIBIT B
ARTICLE VII - OPINIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval,
review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and
shall never be construed as permitting such opinion, judgment, approval, review, or determination to be
arbitrary, capricious, or unreasonable.
ARTICLE VIII - ASSIGNMENT, SALE, OR TRANSFER
A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or
interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is approved
in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as
the DEPARTMENT may impose.
B. GRANTEE shall require, as a condition of assignment, sale or transfer of the property on which
the PROJECT is constructed, the assignee, purchaser or transferee of the property to assume, in
writing, in such manner as shall be satisfactory to the DEPARTMENT, the obligations of this
CONTRACT. Failure to comply with this provision shall constitute a default pursuant to
ARTICLE XII B of Exhibit B of this CONTRACT
ARTICLE IX - SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties
hereto.
ARTICLE X - PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in EXHIBIT A, Paragraph 3 of this CONTRACT if (1)
the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by such date, or
(2) if no disbursement by the DEPARTMENT of GRANT funds occurs by such date.
ARTICLE XI - AUDIT
In addition to the audit requirements specified in Exhibit C-4, GRANTEE understands and agrees that, as a
recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal law,
regulations or policy, such as the Single Audit Act and the reporting requirements set forth in OMB Circular
A-135.
ARTICLE XII - TERMINATION
A. TERMINATION FOR CONVENIENCE
1. The DEPARTMENT may terminate this CONTRACT at anytime for the convenience of
the State upon THIRTY (30) days prior written notice, delivered by certified mail or in
person to GRANTEE. Upon notice of such termination, GRANTEE shall, within 30
days, return by check payable to the DEPARTMENT all unexpended grant funds not
previously approved for expenditure by the DEPARTMENT.
2. GRANTEE may terminate this CONTRACT at anytime upon THIRTY (30) days prior
written notice, delivered by certified mail or in person to the DEPARTMENT, provided,
however, that upon any such termination of the CONTRACT, GRANTEE shall, within
Revision 5/2010 3 SSR Maintenance Grant - Exhibit B
Page 11
EXHIBIT B
thirty (30) days of such termination, reimburse by check payable to the DEPARTMENT
all funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as
determined by the DEPARTMENT.
B. TERMINATION FOR DEFAULT
The DEPARTMENT may at any time upon NINETY (90) days prior written notice of default,
and, when applicable, after having afforded GRANTEE an opportunity to cure any breach
pursuant to ARTICLE VII, terminate this CONTRACT if the GRANTEE has failed to abide by
any applicable provision of this CONTRACT. In such case, GRANTEE shall, within NINETY
(90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the
DEPARTMENT to the PROJECT on a prorated basis as determined by the DEPARTMENT.
ARTICLE XUI WAIVERS
No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver
thereof, nor shall any written waiver on the part of any party of any right, power or privilege hereunder, nor any
single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise
thereof or the exercise of any other right, power or privilege hereunder. A written waiver of any breach of any
kind shall not be construed as a waiver of any subsequent breach of the same kind
ARTICLE XIV DISPUTE RESOLUTION
Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable period
of time by the GRANTEE and DEPARTMENT representatives normally responsible for the administration of
this CONTRACT shall be brought to the attention of the Director of the DEPARTMENT or the director's
designee. At the request of either party, the DEPARTMENT shall provide a forum for the discussion of the
disputed matter(s). If agreement cannot be reached through the application of high level management
attention, either party may assert its other rights and remedies within this CONTRACT in a court of competent
jurisdiction
ARTICLE XV WAIVER OF THE STATUTE OF LE\41TATIONS
GRANTEE waives the benefit of any limitations affected its liability hereunder or the enforcement thereof to
the extent permitted by law.
ARTICLE XVI NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the respective
addresses herein, first-class postage fully prepaid thereon, unless otherwise required by law.
ARTICLE XVII - COMPLIANCE WITH FEDERAL REQUIREMENTS
GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those
summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements
include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other
administrative guidelines, and are incorporated herein by this reference as if fully set forth.
Revision 5/2010 4 SSR Maintenance Grant - Exhibit B
Page 12
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: This section is superseded by Article IV of Exhibit B to this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Page 13
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES CCC
contained in the document CCC No. 307 are hereby incorporated by reference and made a part of
this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
Page 14
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code Section 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: hi the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
Page 15
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
8 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
Pursuant to Public Contract Code Section 10344, if this contract involves the furnishing of
equipment, materials, or supplies then it is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader" as that term is defined in Section
17030 of the Business and Professions Code.
Revised 03/11/2011
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