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Contracts & Agreements_190-2020
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY SAN BERNARDINO COUNTY Contract Number SAP Number REGISTRAR OF VOTERS Department Contract Representative Bob Page Telephone Number 909-387-8300 Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center City of Redlands Jeanne Donaldson 909-798-7532 5 years $6,000 $6,000 IT IS HEREBY AGREED AS FOLLOWS. WHEREAS, the County of San Bernardino (County) desires to place a secure ballot drop box on City of Redlands (Contractor's) property located at Redlands City Hall (35 Cajon Street, Redlands), Redlands City Corporate Yard (1270 W Park Avenue, Redlands), and Redlands Community Center (111 W Lugonia Avenue, Redlands) for the purpose of allowing city and county voters to deposit official ballots, 24/7, for all elections in San Bernardino County, and WHEREAS, the County finds Contractor qualified to provide a location for a secure ballot drop box on its property, and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below, NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions A CONTRACTOR RESPONSIBILITIES A.1 To install the ballot box in a location on the Contractor's property agreed upon by the Contractor and the County Installation instructions for the ballot box are attached hereto as Attachment "1 " Standard Contract Page 1 of 19 A.2 To allow access to the box by voters during any scheduled Countywide consolidated election and during any other election in which voters within the Contractor's jurisdiction are eligible to vote A 3 To maintain the area adjacent to the box by keeping the area in good condition and conduct regular inspections at least once a day during business hours during voting periods and routine maintenance of the area to ensure the public has access to the box A.4 To report any damage, tampering or defacement of the box to the County A.5 To monitor the status of the box during an election and report any issues to the County A.6 To remove and secure mail ballots from the box on an emergency basis only upon direction by County A.7 Contractor is receiving the ballot box from County and Contractor is not responsible or liable in any way what -so -ever for the adequacy of the box for its intended purpose or for acts of third parties that may damage to the box, tamper with or spoil of its contents, or any other criminal act of a third party related to the box or its contents B. GENERAL CONTRACT REQUIREMENTS B 1 Recitals The recitals set forth above are true and correct and incorporated herein by this reference B 2 Contract Amendments Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County B 3 Contract Assignability Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part B.4 Contract Exclusivity This is not an exclusive Contract The County reserves the right to enter into a contract with other contractors for the same or similar services The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract B 5 Attorney's Fees and Costs If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements B 6 Change of Address Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change B.7 Choice of Law This Contract shall be governed by and construed according to the laws of the State of California B.8 Primary Point of Contact Contractor will designate an individual to serve as the primary point of contact for the Contract Contractor or designee must respond to County inquiries within two (2) business days Contractor Revised 03/5/2020 Page 2 of 19 shall not change the primary contact without written acknowledgement to the County Contractor will also designate a back-up point of contact in the event the primary contact is not available B.9 County Representative The Registrar of Voters or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract B.10 Damage to County Property Contractor shall repair, or cause to be repaired, at its own cost, all damages to the box caused by the willful or negligent acts of Contractor or its employees or agents Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence B.11 If the Contractor fails to make timely repairs, the County may make any necessary repairs The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County's sole discretion Drug and Alcohol Free Workplace In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment. B.11.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance B.11.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance B 11 3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above. B.12 Duration of Terms This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract B.13 Employment Discrimination During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, Revised 03/5/2020 Page 3 of 19 physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted B.14 Informal Dispute Resolution In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties B.15 Legality and Severability The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders The provisions of this Contract are specifically made severable If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect B.16 Material Misstatement/Misrepresentation If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. B.17 Mutual Covenants The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing" B.18 Relationship of the Parties Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto B.20 Representation of the County In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino B.21 Strict Performance Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter B 22 Subpoena In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process Contractor and County further agree to cooperate with the Revised 03/5/2020 Page 4 of 19 other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County B.23 Termination for Convenience The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a sixty (60) day written notice of termination Such termination may include all or part of the services described herein If Contractor desires to terminate the Contract, they shall give the County ample notice and access to remove the drop box County shall have sixty (60) days from the date Contractor terminates the contract to remove the drop box and restore the property to its original condition Should County fail to remove the drop box within sixty (60) days, Contractor may remove the box and charge the cost to County. County shall have sixty (60) days from the mailing of the cost notice to reimburse Contractor for the cost of removing the drop box If Contractor removes the drop box due to County's failure to remove the box, Contractor shall not be responsible for any damages to the drop box notwithstanding any other provision in this Contract B.24 Time of the Essence Time is of the essence in performance of this Contract and of each of its provisions B 25 Venue The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District B.26 Prevailing Wage Laws By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq and 1770 et seq as well as California Code of Regulations, Title 8, Section 16000 et seq ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects Section 1720 of the California Labor Code states in part "For purposes of this paragraph, `construction' includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work " If the Services/Scope of Work are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractors principal place of business and at the project site Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws Contractor shall comply with all applicable terms and conditions in Attachment A The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request Contractor shall post a copy of the applicable prevailing wage determinations at the job site Revised 03/5/2020 Page 5 of 19 C. TERM OF CONTRACT This Contract is effective as of September 8, 2020 and expires September 8 2025 but may be terminated earlier in accordance with provisions of this Contract D. COUNTY RESPONSIBILITIES D 1 To provide the ballot box at County expense and reimburse Contractor for the cost to install and remove the ballot box Reimbursement shall not exceed $6,000 D.2 To timely notify the Contractor of any elections to be conducted where the box will need to be available D 3 To service the box by removing the ballots as required by County and State requirements during an election period D 4 To maintain, repair or replace the box as needed D.5 To promptly respond to any reported problems or incidents related to the box D 6 To unlock the box at the start of regular Contractor business hours twenty-nine (29) days before the day of an election to allow voters to return their voted mail ballots by depositing the ballots into the box. D.7 To securely lock the box promptly at 8 00 p m on the day of an election to prevent late ballots from being deposited E FISCAL PROVISIONS E 1 The maximum amount of reimbursement under this Contract shall not exceed $6,000 The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem E 2 Contractor shall submit an invoice (in a format acceptable to County) to County within 30 days of the completion of the installation of the ballot box The County shall make a payment to Contractor within sixty (60) working days after receipt of invoice or the resolution of any billing dispute Reimbursement for the cost to install the ballot box shall be the only payment from County to Contractor under this Contract E.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments E.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract F. INDEMNIFICATION AND INSURANCE REQUIREMENTS F.1 Indemnification Revised 03/5/2020 Page 6 of 19 a Contractor agrees to indemnify, defend (with counsel approved by County) and hold harmless the County and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the Contractor's negligent acts or omissions which arise from the Contractor's performance of its obligations under this Contract County agrees to indemnify, defend (with counsel approved by Contractor), and hold harmless the Contractor and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the County's negligent acts or omissions which arise from the County's performance of its obligations under this Contract In the event the County and/or the Contractor is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Contract, the County and/or Contractor shall indemnify the other to the extent of its comparative fault Furthermore, if the County or Contractor attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the County and Contractor agree that any alleged negligence of the employee shall not be construed against the employer of that employee b This section 4 survives the termination or expiration of this Contract F.2 Self -Insurance If both County and Contractor are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement, then that shall suffice for coverage and meet the insurance requirements for this Contract F.3 Additional Insured All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010 11 85 F 4 Waiver of Subrogation Rights The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County F.5 Policies Primary and Non -Contributory All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County F.6 Severability of Interests The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy F 7 Proof of Coverage The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional Revised 03/5/2020 Page 7 of 19 endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. If Contractor is self-insured or a member of a JPIA, evidence of such coverage shall be furnished to County within fifteen (15) days of the commencement of this contract F.8 Acceptability of Insurance Carrier Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII" Self-insurance or membership in a JPIA shall suffice for coverage. F.9 Deductibles and Self -Insured Retention Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management F 10 Failure to Procure Coverage In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance F 11 Insurance Review Insurance requirements are subject to periodic review by the County The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract Contractor agrees to execute any such amendment within thirty (30) days of receipt Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County F 12 The Contractor agrees to provide insurance set forth in accordance with the requirements herein If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown Revised 03/5/2020 Page 8 of 19 F 12 1 Workers' Compensation/Employer's Liability — A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance F 12 2 Commercial/General Liability Insurance — The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence The policy coverage shall include a Premises operations and mobile equipment b Products and completed operations c Broad form property damage (including completed operations). d Explosion, collapse and underground hazards e. Personal injury f Contractual liability g $2,000,000 general aggregate limit F 12 3 Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto) The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable F.12.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy The coverage shall also apply to automobile liability. G. CORRECTION OF PERFORMANCE DEFICIENCIES G.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract G.2 In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract Revised 03/5/2020 Page 9 of 19 a Afford Contractor thereafter two (2) calendar days within which to cure the breach, and/or b Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery, and/or c Withhold funds pending duration of the breach, and/or d Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "b" of this paragraph, and/or e Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor In the event of such termination, the County may proceed with the work in any manner deemed proper by the County The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand H. NOTICES All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows County of San Bernardino Registrar of Voters 777 E Rialto Ave San Bernardino, CA 92415 City of Redlands City Clerk 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph I ENTIRE AGREEMENT This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein Each party has carefully read this Contract and signs the same of its own free will Revised 03/5/2020 Page 10 of 19 IN WITNESS WHEREOF, the County of San Bernardino and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers on its behalf COUNTY OF SAN BERNARDINO M (fLO 2c ��Shnr� �S�ic+ S Dated ( ZD Zv FOR COUNTY USE ONLY CITY OF REDLANDS (Print or type name of corporation, campa y, contractor, etc.) By (Authorized signature sign in blue ink) Narne Paul W Foster (Print or type name of person signing contract) Title Mayor (Print or Type) Dated q/ f /20 Address 35 Cajon Street Redlands, CA 92373 ATTEST J ne Donaldson, City Clerk Approved as to Legal Form Jolene"Griller, Deputy County Counsel "3/.2 ! ) o Reviewed for Contract Compliance Date Revi d/Approve by epartment 1► Bob rge, R gistrar oters Date Z/( Revised 03/5/2020 Page 11 of 10 ATTACHMENT A PREVAILING WAGE REQUIREMENTS A All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements 1 Determination of Prevailing Rates Pursuant to Labor Code sections 1770, et seq , the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at N1 i- du- ca gov The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties In accordance with Labor Code section 1773 2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773 et seq 2 Payment of Prevailing Rates Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker 3 Prevailing Rate Penalty The Contractor shall, as a penalty, forfeit two hundred dollars ($200 00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor 4. Ineligible Contractors Pursuant to the provisions of Labor Code section 1777 1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project This list of debarred contractors is available from the DIR website at httpliwww.dinca.gov/Public-Works/PubhcWorks html Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work 5. Payroll Records. a Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis i A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request, A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR, 111 A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made the public shall not be given access to such records at the principal office of the Contractor Revised 03/5/2020 Page 12 of 19 iv The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request and v Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address b The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one -hundred dollars ($100 00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor 6 Limits on Hours of Work Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815 Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours dunng any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1%) times the basic rate of pay 7. Penalty for Excess Hours The Contractor shall pay to the County a penalty of twenty-five dollars ($25 00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of eight (8) hours per day 8 Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements a Contractor shall comply with Senate Bill 854 and Senate Bill 96 The requirements include, but are not limited to, the following i No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725 5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771 1(a) ii No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725 5 111 This project is subject to compliance monitoring and enforcement by the DIR iv As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR v Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects 1) The certified payroll must be submitted at least monthly to the Labor Commissioner 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner 3) The certified payroll records must be in a format prescribed by the Labor Commissioner vi Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work b Labor Code section 1725 5 states the following "A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722 1 Revised 03/5/2020 Page 13 of 19 (a) To qualify for registration under this section, a contractor shall do all of the following (1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771 3 (B) Beginning June 1 2019 a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister (2) Provide evidence, disclosures, or releases as are necessary to establish all of the following (A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code (B) If applicable the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means (D) The contractor is not currently debarred under Section 1777 1 or under any other federal or state law providing for the debarment of contractors from public works (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true (i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months (ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2 000) (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771 3 and shall be used only for the purposes specified in that section (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any pnor period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee (d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773 5 or a court decision the requirements of this section shall not apply, subject to the following requirements (1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work (2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773 5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section Revised 03/5/2020 Page 14 of 19 (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal contract or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015 to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1 2018, regardless of when the contract for public work was executed (f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work ' c Labor Code section 1771 1 states the following "(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725 5 (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725 5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply (1) The subcontractor is registered prior to the bid opening (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725 5 (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code (d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725 5 in place of the unregistered subcontractor (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725 5 (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725 5 or this section (g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725 5 (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725 5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000) (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725 5 due to the revocation of a previously approved registration Revised 03/5/2020 Page 15 of 19 (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1) A higher tiered public works contractor or subcontractor may riot require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1) (i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h) Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 The regulations of the Director of Industrial Relations which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725 5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered The stop order shall not apply to work by registered contractors or subcontractors on the public work (2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods (A) Manual delivery of the order to the contractor or subcontractor personally (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following (i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board (n) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238 1 (4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days (k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both (I) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1 2015 This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered (m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771 3 and shall be used only for the purposes specified in that section (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work' d Labor Code section 1771 4 states the following "a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter (1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation (3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner Revised 03/5/2020 Page 16 of 19 (A) At least monthly or more frequently if specified in the contract with the awarding body (B) In a format prescribed by the Labor Commissioner (4) If the contractor or subcontractor is not registered pursuant to Section 1725 5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725 5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work (5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements (b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs (1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771 5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771 5 continuously since December 31, 2011 (2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015 (d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing on or after January 1, 2016 " B STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS 1 State Public Works Apprenticeship Requirements. a The Contractor is responsible for compliance with Labor Code section 1777 5 and the California Code of Regulations, title 8, sections 230 — 230 2 for all apprenticeable occupations (denoted with "#" symbol next to craft name in DIR Prevailing Wage Determination) whether employed by the Contractor subcontractor, vendor or consultant Included in these requirements is (1) the Contractor's requirement to provide notification (i e DAS-140) to the appropriate apprenticeship committees, (2) pay training fund contributions for each apprenticeable hour employed on the Contract, and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five Journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777 5) or request for the dispatch of apprentices b Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq are eligible to be employed for the Scope of Work The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training 2. Compliance with California Labor Code section 17'77 5 requires all public works contractors to a Submit Contract Award Information (DAS-140) 1 Although there are a few exemptions (identified below) all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project ii The DAS-140 is a notification "announcement" of the Contractor's participation on a public works project—it is not a request for the dispatch of an apprentice 111 Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work iv Contractors who are already approved to train apprentices (i e check "Box 1" on the DAS-140) shall only be required to submit the form to their approved program v Contractors who are NOT approved to train apprentices (i e those that check either "Box 2" or "Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project For a listing of apprenticeship programs see Revised 03/5/2020 Page 17 of 19 http //www dir ca eov/Databases das/pwaddrstari.asp b Employ Registered Apprentices 1 Labor Code section 1777 5 requires that a contractor performing work in an `apprenticeable" craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman This ratio shall be met prior to the Contractor's completion of work on the project "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination 11 All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required iii Contractors may use the "DAS-142' form for making a request for the dispatch of an apprentice iv Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement ✓ Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e g fax transmittal confirmation) A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area vi Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal Code Regs , tit 8, § 230 1) c Make Training Fund Contributions i Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices ii Contractors may use the "CAC -2" form for submittal of their training fund contributions iii Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603 San Francisco, CA 94142-0603 iv Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month ✓ The "training" contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below 3 Exemptions to Apprenticeship Requirements a The following are exempt from having to comply with California apprenticeship requirements These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices 1 When the Contractor holds a sole proprietor license ("Owner -Operator") and no workers were employed by the Contractor In other words, the contractor performed the entire work from start to finish and worked alone ii Contractors performing in non-apprenticeable crafts "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination 111 When the Contractor has a direct contract with the Public Agency that is under $30,000 iv When the project is 100% federally -funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply) ✓ When the project is a private project not covered by the definition of public works as found to Labor Code section 1720 4 Exemption from Apprenticeship Rations a The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1 -to -5 ratio set forth in this Section when it finds that any one of the following conditions are met 1 Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%), or 11 The number of apprentices in training in such area exceeds a ratio of 1 -to -5 in relation to journeymen or Revised 03/5/2020 Page 18 of 19 in The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis, or iv If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman b When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards 5 Contractor's Compliance: a The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777 7 and the determination of the Labor Commissioner Revised 03/5/2020 Page 19 of 19 SAN BERNARDINO AVE LUGONIA AVE Community Center Police Station Secure Ballot Box Locations �7'qf �1T� 1TT1� 10 35 Cajon St Redlands City Hall e 02 1270 W Park Ave - Redlands Police Department Feet wo1719SecureBallotBoxLocations August 19 2020 03 111 W Lugonia Ave Redlands Community Center 0 1 000 2,000 ACQR®� L.,, ------CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 9/1/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(tes) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Alliant Insurance Services Inc 100 Pine Street, 11th floor San Francisco CA 94111 CONTACT Andrea Ferry PHONE FAX INC No Ext), 415-403-1456 IANC, No). 415-874 4811 ADDRESS. aferry@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Safety National Casualty Corpo 15105 INSURED City of Redlands 35 Cajon Street Redlands CA 92373 INSURER B : INSURERC INSURER 0 . $ INSURER E INSURER F . _ COVERAGES CERTIFICATE NUMBER 1866978240 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYYI_ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE PREM SESO(Ea occuED ence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GE 'L AGGREGATE POLICY OTHER LIMIT APPLIES JE� PER. LOC GENERAL AGGREGATE $ PRODUCTS COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLALIAB EXCESSLIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N N / A PER STATUTE OTH ER E.L EACH ACCIDENT $ E.L DISEASE EA EMPLOYEE $ E.L DISEASE POLICY LIMIT $ A Excess Workers Compensation and Employer Liability SP4063353 7/1/2020 7/1/2021 Employers Liability Max limit of Liab Per Occ & Agg $1 000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space Is required) Evidence of coverage is provide to County of San Bernardino to place a secure ballot drop box on City of Redlands (Contractor's) property ocated at Redlands City Hall (35 Cajon Street Redlands) Redlands City Corporate Yard (1270 W Park Avenue Redlands) and Redlands Community Center (111 W Lugonia Avenue, Redlands) for allowing City and County voters to deposit official ballots, 24/7, for all elections in San Bernardino County Blanket Waiver of Subrogation will follow The term of agreement shall begin on September 8 2020 and shall end on September 8 2025 Subject to policy terms conditions and exclusions CERTIFICATE HOLDER CANCELLATION County of San Bernardino Registrar of Voters 777 E Rialto Ave San Bernardino CA 92415 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE 6 ACORD 25 (2016/03) © 1988 2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD CERTIFICATE NO ISSUE DATE GL1-7589 Al CERTIFICATE OF COVERAGE 08/31/2020 Public Risk Innovation, Solutions and Management CIO ALLIANT INSURANCE SERVICES, INC PO BOX 6450 NEWPORT BEACH, CA 92658 6450 PHONE (949) 756-0271 / FAX (619) 699 0901 LICENSE #0C36861 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION the Memorandums of Coverage must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) COVERAGE A Public Risk Innovation, Solutions and Management AFFORDED Member CITY OF REDLANDS ATTN TOMMI NG PO BOX 3005 REDLANDS, CA 92373 COVERAGE AFFORDED B COVERAGE AFFORDED C COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVE DATE COVERAGE EXPIRATION DATE LIABILITY LIMITS A Excess General Liability General Liability Aggregate Auto Liability PRISM PE 20 EL -112 07/01/2020 07/01/2021 $1,000,000 $2,000,000 $1 000 000 Limits inclusive of the Member's Self Insured Retention of $500,000 X X X Descrip ion of Operations/Locations/Vehicles/Special Items AS RESPECTS AGREEMENT BETWEEN CITY OF REDLANDS AND SAN BERNARDINO COUNTY REGISTRAR OF VOTERS FOR PLACEMENT OF SECURE BALLOT DROP BOX ON CITY PROPERTY LOCATED AT REDLANDS CITY HALL 35 CAJON STREET REDLANDS REDLANDS CITY CORPORATE YARD 1270 W PARK AVE REDLANDS, AND REDLANDS COMMUNITY CENTER, 111 W LUGONIA AVE, REDLANDS SAN BERNARDINO COUNTY REGISTRAR OF VOTERS, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL COVERED PARTIES BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9 THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES) PURSUANT TO ENDORSEMENT NUMBER U 8 Certificate Holder COUNTY OF SAN BERNARDINO REGISTRAR OF VOTERS 777 E RIALTO AVE SAN BERNANDINO, CA 92415 Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS AUTHORIZED REPRESENTATIVE Public Risk Innovation, Solutions and Management PAGE 1 OF 2 ENDORSEMENT NO U-1 PUBLIC RISK INNOVATION, SOLUTIONS AND MANAGEMENT GENERAL LIABILITY 1 ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the `Covered Party Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract ADDITIONAL COVERED PARTY NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase PRISM's limit of liability This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below All other terms and conditions remain unchanged Effective Date Issued to• Issue Date ALL MEMBERS June 25, 2020 AutTiorized Representative Public Risk Innovation, Solutions and Management Memorandum No PRISM 20 EL -00 PAGE 2 OF 2 ENDORSEMENT NO. i,$ PUBLIC RISK INNOVATION, SOLUTIONS AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION It is understood and agreed that Condition 8 SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following 8 SUBROGATION PRISM shall be subrogated to the extent of any payment hereunder to all the covered party's rights of recovery therefore, and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights Any amount so recovered shall be apportioned as follows Any interest (including the covered party's) having paid an amount in excess of the self- insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actual payment PRISM shall be reimbursed next to the extent of its actual payment hereunder If any balance then remains unpaid, it shall be applied to reimburse the covered party The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs It is further agreed that nothing herein shall act to increase PRISM's limit of liability This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below All other terms and conditions remain unchanged Effective Date Issued To Issue Date. ALL MEMBERS June 28, 2019 A orized Representative Public Risk Innovation, Solutions and Management Memorandum No • PRISM 20 EL -00 ENDORSEMENT NO La PUBLIC RISK INNOVATION, SOLUTIONS AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY It is understood and agreed that Condition 7 OTHER COVERAGE of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following 7 OTHER COVERAGE If collectible insurance with an insurer, or collectible group coverage through another joint powers authority, interlocal cooperative agreement, self-insurance or other public entity group coverage is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be (a) in excess of, and shall not contribute with, such insurance, and (b) shall contribute only with any excess group coverage available through another point powers authority according to a pro -rata, time on the risk basis However, this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this Memorandum and a memorandum of coverage issued in connection with the PRISM's Medical Malpractice Program, this Memorandum shall afford primary coverage only where the gravamen of the claim or suit involves liability covered hereunder EIA staff will preliminarily assess the gravamen of the claim or suit and refer it to the committee responsible for the coverage believed to be applicable under this paragraph Where that committee disputes PRISM's assessment of the gravamen of the claim or suit and rejects primary coverage, PRISM will thereafter refer the claim or suit to the committee responsible for the other applicable coverage If that committee also rejects the primary coverage responsibility, the Executive Committee will determine which of PRISM's coverages is primary under this paragraph If the Member disputes the acceptance of primary coverage by a committee of PRISM's responsible for the coverage, the Member may appeal that decision to the Executive Committee Appeal must be requested within 60 days of the coverage acceptance by PRISM If the Member is not satisfied with the outcome of the Executive Committee appeal or the determination by the Executive Committee as to which of PRISM's coverages is primary where no committee agreed to accept primary responsibility, the Member may invoke Section (d) and (e) of Article 31 of PRISM's Joint Powers Agreement and proceed to arbitration and, if necessary, litigation For purposes of this paragraph, the Member must request to invoke Article 31 dispute resolution process within 60 days of the Executive Committee's determination as to which of PRISM's coverages is primary Where a memorandum of coverage issued in connection with PRISM's Medical Malpractice Program is determined to afford primary coverage pursuant to this section, the exhaustion of PRISM's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum It is further agreed that nothing herein shall act to increase PRISM's limit of liability This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below All other terms and conditions remain unchanged Effective Dat Issued to ALL MEMBERS Issue Date. June 25, 2020 uthorized Representative Public Risk Innovation, Solutions and Management Memorandum No PRISM 20 EL -00