HomeMy WebLinkAboutResolution No. 18-7826-Approving the Master Agreement Administering Agency-State Agreement for State-Funded Projects (Agmt No. 00525S)VI -11 :4 L611MV-1 M IM all 0 1
WHEREAS, the State Legislature has enacted legislation by which certain state funds
may be made available for use on local transportation -related projects with certain entities
qualified to act as recipients of these funds in accordance with the intent of state law, and
WHEREAS, the administering agency must enter into an agreement with the State of
California before state funds can be made available for a specific project in order to establish
terms and conditions applicable to the administering agency when receiving state funds for a
designated project and to the subsequent operation and maintenance of the completed
improvement(s), and
WHEREAS, said agreement consists of a master agreement between the State of
California and the administering agency establishing underlying terms and conditions which
apply to all projects for which the administering agency receives state funds and is
supplemented by sub -agreements specific to each project referred to as Program Supplement
Agreements, and
WHEREAS, the approval of the State Master Agreement No. 00525S, attached as
Exhibit "A", will be necessary for all new state -funded projects, and
WHEREAS, all new Program Supplement Agreements associated with said agreement
for state -funded projects will require execution by the city, and
WHEREAS, in the interest of expediting project delivery, it is desirable to authorize the
City Manager to execute all Program Supplement Agreements associated with the new Master
Agreement No. 00525S and, furthermore, the Director of Public Works and Deputy Director of
Public Works are authorized to execute all other related documents for local transportation
projects funded by state funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DO EY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby approves State Master
Agreement Administering Agency -State Agreement for State -Funded Projects (Agreement No.
00525S) attached as Exhibit "A".
SECTION 2. The Mayor is hereby authorized to execute the said Agreement No.
00525S with the State Department of Transportation in a form acceptable by the City Attorney.
SECTION 3. The City Manager is hereby authorized to execute all Program
Supplement Agreements associated with the attached agreement and the Director of Public
Works and Deputy Director of Public Works are authorized to execute all other related
documents with the state on behalf of the city.
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19 -Vej
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 10th
day of July, 2018.
9EA"SHTON, Mayor
F-11 i9 .3
AR A �ALICIAUARTE,�t�MC
City Clerk
I AEREBT CERTIFY that the foregoing Resolution was adopted by the City Council oi
the City of Downey at a regular meeting held on the 1 oth day of July, 2018 by the following vote,
to wit:
AYES: Council Members: Pacheco, Vasquez, Rodriguez, Mayor Ashton
NOES: Council Member: None.
ABSENT: Council Member: Saab
ABSTAIN: Council Member: None.
MARA ALICIA DUARTE, CMC
City Clerk
M
07 City of Downey
District Administering Agency
00 _10112"'Wel 10
F.11 -AM HOW. so*. a 6 1-43
RECITALS:
I .
1. WHEREAS, the Legislature of the State of California has enacted legislation'by'which certain
State funds are made aVallablefor use on local transportation related Orojects*of public entities
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from either the State Trans drtation Im `
P I provement
Program (STIP), or other State -funded -programs (herein referred to as STATE FUNDS), as
defined in the Local Assistance Program Guidelines (LAPG), for use on local 6Uthorized
transportation related projects as a local administ6eed project(s), hereinafter referred to as
"PROJECT"; and
11%0� 3. WHEREAS, said PROJECT will not receive any federal funds; and
newma. 1:1 -.4 mule] :4 = linuml I
10. ADMINISTERING AGENCY°s eligible costs for construction engineering includes actual
inspection and supervision of PROJECT construction work; construction staking; laboratory and
field testing; and the preparation and processing of field reports, records, estimates, final reports,
and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY°s employees or
its sub -contractor engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to complete
the PS&E and other work necessary for a construction contract but not required earlier for
environmental clearance of that PROJECT.
PROJECT13. If .' on STATE-ownedright-of-way,PROJECT be constructed in
accordance . • - of • Assistance Procedures
statewideminimum statewide design standards for local agency streets and roads. The design standards
for projects off the National Highway System (NHS) allow STATE to accept either the STATE's
minimum design standardsor approved •-•metric 'design standardsof
ADMINISTERING AGENCY. Additionally, • projects off the NHS, STATE- p)
LocalADMINISTERING AGENCY -approved standard specifications, standard plans, materials
sampling and testing quality assuriince programs that meet the conditions described in the ther
current Procedures
14. If PROJECT involves work within or partially within STATE -owned right-of-way, •
PROJECTs be subject to compliance with the policies,procedures an• standards of '
STATE Project Development • -t and Highway Design Manual and - -
appropriate, an executed cooperative agreement between • ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of -
.l contractors shall each obtain an encroachment permh
through STATE •:•. to commencing any work within STATE rightsof way or •... which affects
STATE facilities.
15. When. PROJECT is not on the State Highway System (SHS) but includes work to be
performed by a railroad, the contract for such work shall be prepared by ADMINISTERING
AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING
AGENCY shall enter into an agreement with the railroad providing for future maintenance of
protective devices or other facilities installed under the contract.
16. The Department of General Services, Division of the State Architect, or its designee, shall
review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and
related facilities for accessibility and usability, ADMINISTERING AGENCY shall not award a
PROJECT construction contract for these types of improvements until the State Architect has
issued written approval stating that the PROJECT plans and specifications comply with the
provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further
requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for
PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a
full-time employee to be in responsible charge of each PROJECT.
Page 3 of 16
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY
shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or
contractor forces during any temporary suspension of PROJECT or at any other time may not be
charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT -specific award information, using Exhib
23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days a
ft
contract award. A copy of Exhibit 23-A shall also be Included with the submittal of the first invoi
for a construction contract by ADMINISTERING AGENCY to: Department of Transportatio
Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 94287
Sacramento, California 94274-0001.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project
completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in
accordance Chapters 17 and 19 of the Local Assistance Procedures Manual.
E2. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of
1990 that prohibits d 'iscrimination on the basis of disability.and all applicable regulations and
guidelines issued pursuant to the ADA.
24. ADMINISTERING AGENCY shall Include in all subcontracts awarded when applicable, a
clause that requires each subconiractor to comply with California Labor Code requirements that all
workers employed on public works aspects of any project (as defined in California Labor Code
sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by
the Department of Industrial Relations as effective at the date of contract award by the
ADMINISTERING AGENCY.
Page 4 of 16
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all
necessary rights of way have been secured. Prior i to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights-of-way are available for construction purposes or will be available by the
time
•:: award of the construction contract.
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(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real
property' required for the PROJECT, title free and clear of obstructions and encumbrances
• PROJECT and the payment, as required by applicable • of damages to owners of
remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to
Government Code sections 7260-7277 when PROJECT displaces an individual, family, business,
farm operation • nonprofit organization.
• The cost • demolition and/or the sale •, all improvements on the right-of-way after • is
recorded for sale proceeds used to offset PROJECT costs.
3.
• AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right-of-way for a `• including, • not limited • being
clear as
• • if said right-of-way is found to • hazardous materials requiring
treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING
AGENCY shall pay, from its own non-matching funds, any costs which arise out •.'. delays to the
construction of PROJECT because utility facilities have not been timely removed or relocated, or
because rights-of-way were not available to ADMINISTERING AGENCY for the orderly
prosecution of PROJECT work.
Page 5 of 16
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon
contractor being relieved of the responsibility for maintaining and protecting PROJECT,
ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the
expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of
STATE r if PROJECT jurisdictionalof • Agency or • e,
duty of AGENCY to facilitate a separatemaintenance agreement(s)between
itself r the other jurisdictionalAgency or Agencies providing • _ operation,
ownership* and liability of PROJECT. Until those agreements are executed, ADMINISTERING
AGENCY will be responsible for all PROJECT.operations, maintenance, ownership and liabilityin
a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE that a PROJECT, or any pbrtion thereof, Is not being properly
operated - • maintained and ADMINISTERING AGENCY has not• -a -■ the
conditions complained of, the approval of future STATE FUNDED PROJECTS of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition
of operation and maintenance satisfactory to STATE. The provisions of this section shall not
apply to a PROJECT that has been vacated through due process of law with STATE's
concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
Page 6 of 16
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1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this
AGREEMENT; the execution of each project -specific PROGRAM SUPPLEMENT and/or STATE's
approved finance letter.
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6. Invoices must have at least one copy of supporting backup documentation for allowable costs
incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup
documentation includes, but is not limited to, agency's progress payment to the contractors,
copies of cancelled checks showing amounts made payable to vendors and contractors, and/or
computerized summary of PROJECT costs.
8. An indirect cost allocation plan and related documentation are to be provided to STATE
(Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING
AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for
reimbursement. The indirect cost allocation plan must be prepared 'in accordance with the
requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the
Local Assistance Procedures Manual.
9. STATE will withhold - greater of • per6ent of a of
submitsencumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
Repo:' of Expenditures for• • - -• PROGRAM SU
PROJECT.
10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES with an allocation
letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases
only if such additional funds are available and the CTC and/or STATE concurs with that increase
in the form of an allocation and finance letter.
Page 7 of 16
forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR,
Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment
by ADMINISTERING AGENCY to STATE.
20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein
or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT
without adequate justification and approval by STATE, then, within thirty (30) days of demand, or
within such other period as may be agreed to in writing between the PARTIES hereto, STATE,
acting through the State Controller, the State Treasurer, the CTC or any other public entity or
agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid
by or owed to STATE for each PROJECT, from future apportionments, or any other funds due
ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds,
and/or may also withhold approval of future STATE FUNDED projects proposed by
ADMINISTERING AGENCY.
22.• Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority,'special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
23. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
Page 9 of 16
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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall
mandate that travel and per diem reimbursements and third -party contract reimbursements to
subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid
for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner that is required of all other PROJECT expenditures.
Page 11 of 16
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes ar,""
, 0
regulations, and the Local Assistance Program Guidelines and Local Assistance Procedur I,
Manual as published by STATE and incorporated herein, including all subsequent approv
revisions thereto applicable to PROJECT unless otherwise designated in the project-specifi
executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by,the State Legislature or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE.
Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT ' funded under this AGREEMENT and that PROGRAM
SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals
are suspended or debarred at the time of the execution of this AGREEMENT, and
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that.no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the PROJECT work actually performed, or In STATE's discretion, to deduct
from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amow
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE that may have an impact upon the outcome of this AGREEMENT or any individual
PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall
also list current contractors who may have a financial interest in the outcome of a PROJECT
undertaken pursuant to this AGREEMENT.
Page 12 of 16
0
10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of any PROJECT initiated
under this AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its sole
discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually
performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full
amount of such rebate, kickback, or other unlawful consideration.
• • - r . - . s • r - .r •• -•
ot by agreement snall •- •- r -r • ' . •dU
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract
Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered . -- - Officer.
13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT and each PROGRAM SUPPLEMENT.
arisingunde� or in connection with any work, authority or jurisdiction of ADMINISTERING AGENC
under this AGREEMENT. It is understood and agreed
shall fully defend, indemnify and save harmless STATE and all of Its officers and employees fr•
liabilityall claims and suits or actions of every name, kind and description brought forth under, includin
but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions
occurring by - s of a done or omitted to be done by
under
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be done by, under or
In connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including but not limited to, tortuous,
contractual, Inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (b) failing to
maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and
conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right
to terminate funding for that PROJECT upon thirty (30) days'written notice to ADMINISTERING
AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice
of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is
not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING
Page 13 of 16
AGENCY proceeds thereafter to complete that cure in, a manner and time line acceptable to
STATE.
• • it • - •- • - - - • •*
IN
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a
project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in
that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this
AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variationof - terms of be valid unin
writilng. and signed by the PARTIES, and -no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
less made
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officer.
Chief, Office of Project Implementation
Division of Local Assistance
Dates r
r,c foregoing instrument is a full, true and correct copy
of the original on file in this office
City Clerk of the City of Downey
City of Dow y
"
X a
✓, ,� z
y;.,� « ,
Manager
City of Downey
Representative Name & Title
(Authorized Governing Body Representative)
Date Lajaij2.Li s
Page 14 of 16 APP-'0VE:D A O R
CITY ATTORNEY
eel
to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability,
medical condition, marital status, political affiliation, family and medical care leave, pregnancy
leave, or disability leave. Such action shall include, but not be limited to, the following:
.• • demotion or or - advertising; laor
termination;of pay • other forms ofcompensation;:dselectionfor : •including
apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to
employees for employment, notices to be provided by STATE setting forth the provisions of this
Fair Employment section.
2. ADMINISTERING AGENCY, Its contractor(s) and all subcontractors shall comply with the
140� provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the
applicable regulations promulgated thereunder (Cal. Code Regs.,Title 2, 7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission Implementing
Government Code section 12900(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 hereofas if setforthof ADMINISTERING AGENCY'Scontractors• all
subcontractors shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreements, as appropriate.
4. ADITrilAISTERING AGENCT permit accessto the records,of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which
has become final or has obtained an injunction under Labor Code section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
Page 15 of 16
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or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named In the
Agreement and the actual cost th_ - ADMINISTERING
AGENCY's breach of this .-