Resolution No. 4892
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RESOLUTION NO. 4892
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND ,AUTHORIZING THE
EXECUTION OFA GRANT AWARD CONTRACT BY AND
BETWEEN THE CITY,' OF VERNON, AND THE STATE OF
CALIFORNIA DEPARTMENT OF HEALTH SERVICES
PROVIDING>FOR,THE.PURCHASE OF TWO NEW FUEL-
EFFICIENT ,. VEHICLES FOR USE BY REGISTERED
SANITARIANS OF THE HEALTH&'ENVIRONMENTAL
CONTROL SECTION, CITY OF VERNON, DEPARTMENT
OF COMMUNITY SERVICES
WHEREAS, the City of Vernon became eligible to apply
for funds for capital improvements of lccal health facilities
under the provisions of Assembly Bill 251; and
WHEREAS, funds for capital improvements were a.ppropri-
atedby A$se111bly Bill 3245 whichbecam~effectiveJanuary 1,
1981; and
WHEREAS, QnAugust 18,1981 the City Ccurtcil of the
City of Vernop. approved Resolut:i.on No. 4836 providing for the
purchase oi:two vehicles for use' in the Health De,partment by
field personnel. in ,the performance of theirhealth insp~ction
duties contingent upon the State of California approving said
project and,ptoviding at least fifty percent (50%) of the funds
necessary to purchase said vehicles under the provisions of
Assembly Bill 3245; and
WHEREAS, the City cf Verncn and the.State of California
Department of Health Services desire to enter into. a Grant Award
Contract under the provisions of Assembly Bill 3245 (Chapt,er
1351, >Sta.tutes, of '1980) , Project Number 1, to. purchase two new
fuel-efficient vehicles for use by registeredisanitarians of the
Health & Environmental Control Section, City of Vernon,
Depar,tment of Health Services.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
2 THE CITY OF VERNON AS FOLLOWS:
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SECTION. 1: That the City CCt.U1cil of the City of Vernon
4 does hereby approve the Grant Award Contract by and between the
5 City of Ve,rnon and the State of California Department cf Health
6 Services, a copy of which is attached hereto as Exhibit "1" and
7 incorporated herein by this reference as though fully set forth
, 8 at length.
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SECTION 2: The City Council cf the City of Verncn
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10 hereby authorizes the Mayor to execute said Grant Award Contract
11 on behalf of the City of Vernon.
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SECTION 3: That the City Clerk of the City of Vernon
, 13 shall certify to th~ 'passage of this Resolution and thereupon
14 and thereafter the same shal1 be in full force and effect.
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APPROVED AND ADOPTED this 8th day of April, 1982.
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., EONIS C. MALBU G. Mayo
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BRUCE V. MALKENHORST, City ~
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1 STATE,OFCALIFORNIA }
) ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of tl1e City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 4892
, was dUly>adopted by <the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at an adjourned meeting of the City Council held on Thursday
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~:t'tl 8
, 1982.
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BRUCE V.MALKENHORST, City<Clerk
(SEAL)
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State of CalifornIa-Health and Welfare Agency
GRANT AWARD'
The Department of Health Services hereinafter called the State., hereby makes a grant award under Chapter 1351,
Statutes of 1980 to:
City of Vernon
hereinafter called the Grantee, in the amount and for the purposes and duration set forth in this Grant Award.
Proiect Title
AB 3245 (Chapter 1351, Statutes of 1980)
Project Number 1
Purchase of two new fuel-efficient vehicles for use
by registered sanitarians of the Health & Environmenta
Control Section, City of Vernon, Department of
Community Services.
Project Officer (Name, Address, Phone)
Louis Hauger
Director of Environmental Health
4305 Santa Fe Avenue
Vernon, CA 90058
(213) 583-8811 Ext. 29
Grant Number
81-00158
Grant Period:
From:
11/4/81
Through:
8/15/82
State Amount
$9,000'
for direct deposit to the Capital Project Fund/Trust
Account for Project Number: 1
\ Local Amount
il $9,000
-"II
iiOther Amount
1\
Ftal Project Cost
~ $18,000
Flnancia; Officer (Name, address, phone)
Karrant made pay~b1e tothe:
City of Vernon
This Grant Award consists of this title page and the provisions on the reverse side hereof which -constitute a part of this grar: ar,,:, w!.,..
checked by an X, the following exhibits attached hereto which are made a part hereof by this reference-;
X Exhibit "A", Scope of 't.;'ork X Exhibit "E", Additional Provisions
X Exhibit "B", Project Budget X Exhibit "F", Equipment Purchased vii th S'.:::: t(: FUT)'
X Exhibit "C", Project Schedule X Exhibit "G" I Standard Prov.isions
X Exhibit "D", Project Objectives
The Grantee hereby signifies its acceptance of this grant award and agrees to administer the grant project in accordance v,,,,'r :r.,; :.:rr',',
and conditions set forth in or incorporated by reference in this grant award and any applicable statutes or regulations of the S';;,,;
STATE OF CALIFORNIA
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GRANTEE
OEPARTMENT OF HEALTH SERVICES
City of Vernon
Address
744 P St., RID. 395, Sacramento, CA95814
4305 Santa Fe Ave., Vernon, CA 900se
By (AuthOrized Signature)
Authorized Signature)
Title
Chief, Contract r-1anagement Section
FOR STATE USE ONLY
Adj. DecreaSIng E.ncumDrance
Line, Item Allotment
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Unencumbered Balance
Item
Sec. 16715
\ Chapter
1351
\ Fund
CHSF
Loci.l1 lir;a1 th
- Ci)y)i i) 1 Ex.2.-"_
l F-i S:C.l I /'t:Z"
: 81-;;2
Amount E.ncumbered
9,000
Appropriation
W&L Code
F90S
I Statutes
1981
Adj, Increasing Encumbrance
Function
I hereby certify upon my own personal knowledge that budgered funds
affl available for the eriod and our ose of the ex endirvffl stated above,
Signature of Accounting Officer
, EJeHIBIT
Date
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A~
1, The Grantee agrees to indemnify, defend and save harmless the State, its officers,
agents and employees from any and all clni~sand losses accming or resulting to any and nil
contractors, subcontractors, materialmen, laborers and any other person, firm or
corporation furnishing or supplying work, services, materia!s or supplies in connection with
the performance of this grant, and from any and all claims and losses accruing or resulting t()
any person, firm or corporntion who may be injured or damaged by the Grantee in ~h'~
performance of this grant.
2, The Grantee, and the agents and employees of Grantee, in the performanc"! of thi~
agreement, shall act in an independent capacity and not as officers or employees 01' a9~"t:>
of State of California.
3. The State may terminate this agreement and be relieved of the payment o~ any'
consideration to Grantee should Grantee fail to perform the covenants herein contained a~
the time and in the manner herein provided. I n the event of such termination the StatelnoV
proceed with the work in any manner deemed proper by the State, The cost to the Sf at!::
shall be deducted from any sum due the Grantee under this agreement, and the balanc(;, if
any, shall be paid the Grantee upon demand.
4, Without the written consent of the State, this agreement is not assign?ble by Grant!"?!:
either in whole or in part.
5. Time is of the essence for this agreement.
6. No alteration 01' variation of the terms of this grant shall be valid unles!; mad'~ i;-i
writing and signed by the parties hereto, and no oral lJnd~rstanding or aqreement not
incorporated herein, shall be binding on any of the parties hereto.
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Exhibit "A"
SCOPE "O~~.WORK
A. Project Activities
This project is to purchase two (2) new small fuel-efficient vehicles as
itemized in Exhibit F. These vehicles will be used by registered
Sanitarians of the Health & Environmental Control Section, City of
Vernon, Department of Community Services and will replace two old,
large high-mileage vehicles.
B. Method
Vehicles will be purchased by the City~of Vernon purchasing agent by
solicitation and acceptance of vendor bids.
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Exhibit "S"
PROJECT BUDGET
A. Land Acquisition & Site Development -
B. Site Survey & Soil Investigation
C. Construction
D. Architectural, Engineering, & Consultant Fees
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E. Fixed Equipment
F. lJiovable Equipment $18,000
G. Supervision & Inspection At Site
H. Material Testing ~
I. Legal Fees ."
J. Finance Charges
K. Other (Specify)
L. Other (Specify)
H. TOTAL $18,000
TOTAL:
Amount
$ 9,000
$ 9,000
$18,000
Percent of Total prchect Bud')et
50%
50%
Total Funds
Sta te Funds:
Grantee Funds:
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Exhibit "C"
PROJECT SCHEDULE
1. City of Vernon Purchasing Agent requests the ci ty Council
to authorize the solicitation of bids for two (2) 1982
Dodge "Aries" 4-door sedans.
2. City of Vernon City Council Finance Committee recommends
purchasing agent be permitted to solicit bids.
3. City of Vernon City Council approves recommendation of
Finance Committee regarding the solicitation of bids.
4. Seven (7) Request for Quotations mailed to automobile
dealers within the general vicinity of the City of Vernon
by purchasing agent.
5. Bids received and opened. Firm cost estimates established.
6. Vehicles purchased from successful bidder.
Date
1/12/82
2/8/82
2/16/82
3/4/82
4/6/82
5/15/82
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Exhibit "0"
PROJECT OBJECTIVES
The Grantee agrees to meet the fOllowing time-limited and measurable project
objectives. The Grantee agrees to include,as part of the final project report,
an evaluation of the extent to which these objectives have been met. The
Grantee also agrees to submit a report to the State,one year after project
completion,on the extent to which these objectives have been met,
L Decrease cost of transportation and maintenance of two vehicles used
by sanitarians from $2576/year to an estimated $632/year by June 1983.
2. Reduce the amount of "down" time of two vehicles used by sanitarians from
41 hours to 4 hours by June 1983.
3. Increase number of inspections made by sanitarians from 3039 inspections
made in FY 81-82 to 3117 inspections made in FY 82-83.
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Exhibit "EIt
ADDITIONAL PROVISIONS
A. Definitions
OCHS - The Office of County Health Services in the State Department of
Health Services. This Office is the granting and contracting agency
and develops policy and guidelines for the implementation of AB 3245.
State Project Officer - The individual from the Office of Statewide Health
Planning and Development who has the responsibility to conduct the pre-
construction conference, monitor project progress, authorize project pay-
ments, and perform the final project review.
Grantee Project Officer - The individual from the county or city who has the
respons ibil ity to oversee and authori ze the contractor (5) to perform project
activities, authorize project payments, act as liaison with the State"
Project Officer, and arrange any meetings requested either by the State
Project Officer or the OCHS staff.
Capital Project Fund/Trust Account - The fund which is established with
State and Grantee funds to pay for the approved AB 3245 project activities
specified in the AB 3245 contract between the State and the Grantee. This
fund shall be managed by a trustee who has been appointed by the Grantee and
approved by the State and who shall release funds for the payment of
completed project activities upon receipt of the,written authorization by
the State Project Officer and Grantee Project Officer.
B. The Grantee shall appoint a project officer. The Grantee Project Officer
shall be approved by the State in consultation with the Grantee.
C. Financial Provisions
1. For each AB 3245 project, the Grantee agrees to establish a separate
capital project fund into which Grantee and State matching funds will be
deposited. This fund may be established within the county/city budget
with the county/city Auditor-Controller as trustee and shall be referred
to as a "capital project fundll; or this fund may be established with an
independent fiduciary agent, such as a savings and loan or commercial
bank and shall be referred to as ,a IItrust accountll. The trustee of this
fund shall be appoi nted by the Grantee and shall manage the fund
according to the terms and provisions specified by the State in the
agreement with the trustee.
(a) The amount of Grantee funds to be deposited in the capital project
fund/trust account shall be the amount committed in the project
proposal and appropriated by the Board of Supervisors or City
Council for the project. The Grantee's funds shall be deposited
into the capital project fund/trust account on or before the date
the State funds are deposited.
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(b) The amount of State funds to be deposited in the capital project
fund/trust account shall be the amount awarded to the Grantee in
the November 4, 1981 award letter, which is included as an attach-
ment to this Exhibit "E". The State funds shall be deposited into
the capital project fund/trust account on or after the date the
Grantee's funds are depos ited. The State funds shall not be
released from the capital project fund/trust account prior to this
contract being fully executed.
(c) For multi-year projects where only the first year project costs
have been appropri ated by the Grantee, the Grantee agrees to make
deposits to the capital project fund/trust account for project
costs for subsequent years according to the following schedule:
The deposit to the capital project fund/trust account for the
Grantee's portion of each fiscal year's project costs shall be
made within 10 days after the county/city budget has been
approved by the Board of Supervisors/City Council which~
appropri ates funds for the project costs. '
For multi-year projects, each year's project activities will
be considered a separately identifiable phase of the total
project.
(d) Release of funds from the capital project fund/trust account to the
Grantee for payment of their contractor( s) shall be made on ly by
written authorization of both the appointed State Project Officer
and Grantee Project Officer. In order to release the funds, the
Grantee Project Offi cer shall prepare an itemi zed statement of
completed project activitie$ and associated costs, on forms
provi ded by the State, whi ch shall be approved by the Grantee
Project Officer prioi to the release of funds. Authorization for
re 1 ease of funds shall be made after the State Project Offi cer' s
revi ew and s i gni ng of this itemi zed statement and an on-s ite
inspection by the State Project Officer of the project activities
performed. The amount of funds released shall not exceed the
amount which is itemized and approved, and shall be released in the
same ratio as the amounts deposited or scheduled to be deposited.
(e) If the State Project Officer's review of the itemized statement,
referenced in l.(d) above, and/or inspection of completed project
activities results in the determination by the State Project
Officer that costs are being charged to the capital project
fund/trust account that are not part of the project activities and
budget as specified in Exhibit "A" and "B" of this contract, the
State Project Officer will not authorize the release of payments
from the capital project fund/trust account for the disallowed
costs.
(f) Payments from the capital project fund/trust account shall normally
be authorized no more than once per month.
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(g) Five percent of the amount budgeted for construction costs, as
detailed in Exhibit "B", will be held in the capital project
fund/trust account until after a fi na 1 project review and audit is
performed by the State Project Officer upon project completion.
Upon approval by the State Project Officer after this final project
review, the final project payment will be authorized for release
from the capital project fund/trust account. This provision does
not apply to projects for equipment purchase on lYe
2. The Grantee agrees to insure that interest is earned on the Grantee and
State funds deposited in the capital project fund/trust account and that
the percent of interest earned is maximized. The percent of interest
earned on State funds shall be the same as the percent of interest
earned on Grantee funds. All interest earned shall be credited to the
capital project fund/trust account pursuant to Government Code Section
53647(b) and the provisions of this contract.
(a) The interest earned by the Grantee I s funds may be withdrawn at any
time. The interest earned by the State funds may be withdrawn at
any time.
(b) Interest shall be credited to the State and to the Grantee in the
the same ratio as the amounts deposited in the capital project
fund/trust account.
(c) Quarter ly statements of the remai ni ng State and Grantee funds and
interest earned on the State and Grantee funds in the capital
project fund/trust account shall be sent to the OCHS, Chief of the
Capital Projects Unit, by the Trustee until ,the capital project
fund/trust account is closed.
3. The Grantee agrees to provide all funds necessary for project costs
overruns.
4. The project budget specified in Exhibit "B" may be revised without prior
approval of OCHS staff only if the line item change is within 10% of the
approved line item budgeted amount. The Grantee should promptly inform
the State Project Officer when such a change is made. Any change over
10% wi 11 require an amendment to thi s contract.
D. Performance Requirements
1. Prior to the commencement of project construction activities, the
Grantee agrees to contact the State Project Officer to arrange a
pre-construction conference. The Grantee agrees to complete the
standard required forms and reports and to abide by the conditions
specified by the State Project Officer at the pre-construction
conference. This provision is not applicable for projects which are for
equipment purchase only or which have been identified by the State
Project Officer as not requiring a pre-construction conference.
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2. The Grantee agrees to follow the project schedule specified in
Exhibit "ell and to notify the State Project Officer immediately of any
major problems in the project's progress which may delay completion of
the project.
3. The Grantee agrees to mai ntai n the records specified by the State to
document project activities and costs. These records shall become a
permanent record of the facility and shall be accessible to the State
for a minimum of four years from the expiration of this agreement.
In the event of a State audit~ records shall be maintained and
accessible to the State until the audit has been resolved.
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4. Adequate documentation of each transaction shall be maintained to permit
the determination of allowable expenditures reimbursed by the State
under this agreement. If allowable expenditures cannot be determined
because records or document at i on of the Grantee are inadequate, the
questionable cost may be disallowed by the Slate.
5. The Grantee agrees to prepare and submit quarterly project progress
reports to the OCHS on forms and according to procedures provided by the
State.
6. Upon project completion~ the Grantee agrees to prepare and submit a
fi na 1 report in the format specifi ed by the State.
7. Upon project completion, the Grantee agrees to submit to a final project
review by the State.
8. The Grantee agrees to provide access during normal working hours to
author i zed represent at i ves of the, Department of Health Servi ces and of
other State agencies to the project site and to all records, files, and
documentation related to this agreement.
9. The Grantee agrees that the facil ity to be constructed or remodeled with
project funds will be used by the Grantee for the delivery of health
services for the useful life of the project~ as determined by the 1978
useful life schedule published by the American Hospital Association~
unless otherwise requested by the Grantee in writing and approved by the
State. Facilities constructed pursuant to this agreement shall be the"
property of the Grantee.
10. The Grantee agrees that all fixed and movable equipment purchased with
project funds wi 11 be used by the Grantee for the de 1 i very of health
services for the useful life of the equipment unless otherwise requested
by the Grantee in writi ng and approved by the State. The Grantee agrees
that any equipment purchased wi 11 be stored on the project site and wi 11
be used for the purpose specified in Exhibit IlA". Equipment purchased
pursuant to thi s agreement shall be the property of the Grantee.
11. Should the Grantee fail to meet either condition #9 or #10 outlined
above~ the State may demand that the Grantee reimburse the State the
amount of State funds expended plus interest that would have been earned
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on those funds from the date of project completion to the date that the
Grantee reimburses the State. Interest to be paid shall be computed
annua lly and shall be the same as the average rate returned by the State
Pooled Money Investment Board for the past five fiscal years immediately
preceding the year in which the payment is made to the State.
12. It is further mutually understood between the parties that the approval
of this contract by the parties hereto in no way implies a waiver of
any requirements of the Office of Statewide Health Planning and
Oevelopment in obtaining a Certificate of Need by the Grantee. All
applications and requirements for a Certificate of Need by the Office of
Statewide Health Planning shall be followed by the Grantee.
13. Public reports or publications of any work performed wi'th funds provided
under this agreement shall include a statement giving credit for such
support such as: "This project was supported in part by a grant from the
State of California~ Edmund G. Brown~ Jr., Governor".
14. Oefault
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(a) The occurrence of any of the following events shall constitute a
d ef au 1t :
1) A finding by the State that the Grantee:
a. has fai led to observe or comply with any of the terms and
conditions specified in this contract; or
b. has so failed to make progress or is in such unsatisfactory
financial condition as to endanger performance of this
contract.
(b) Upon the occurrence of a default:
1) Without limiting any rights which it may otherwise have~the
State may, at its discretion and upon written notice to the
Grantee, withhold further payments on this contract; and/or
2) Upon the continuance of any such events of default for a period
of 30 days after such written notice to the Grantee, the State
may~ at its discretion and without limiting any other rights
which the State may have, take the following additional actions
as it may deem appropriate in these circumstances:
a. upon written notification to the Grantee, immediately
terminate the contract; and/or
b. demand immedi ate repayment of the State funds not expended
in accordance with the terms and conditions of this
contract.
15. The Grantee shall have sufficient insurance in effect from the first day
of project activity provided under this contract. Such insurance shall
include, as appropriate~ fire, extended coverage, publicliabi1ity~
:
Clerk, City Council
Ci ty of Vernon
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Members of the Office of County Health Services staff will soon be calling the
contact person for the selected project in order to discuss the documents needed
to process this grant. I wish you success in the implementation and completion
of this vital capital project. If you have any questions, please contact
Charlene Wallace, Chief of the Capital Projects Unit at (916) 445-1161.
Sincerely,
o3~~/:7/
Beverlee A. Myers
Director
cc: Art Nelson
Louis Hauger
Roche 11 e Ventura
Senator Ruben Ayala
Senator Robert Beverly
Senator Wi 11 i am Campbell
Senator Ed Davis
Senator Ralph Dills
Senator Alex Garcia
Senator Bill Greene
Senator Joseph Montoya
Senator H, L. Richardson
Senator Alan Robbins
Senator David Roberti
Senator Newton Russell
Senator Alan Sieroty
Senator Ollie Speraw
Senator Walter Stiern
Senator Diane Watson
Assemb 1 ynan Richard Al atorre
Assemblyman Tom Bane
Assemb 1 j1Tlan Howard Berman
Assemblyman Dennis Brown
Assemblyman Jim Cramer
Assemblyman Dave Elder
Assemblyman Gerald Felando
Assemblyman Richard F10yd
Assemblywoman Teresa Hughes
Assemblyman William Ivers
Assemblyman Richard Katz
Assemblywoman Marian LaFollette
Assemblyman Bill Lancaster
Assemblyman Mel Levine
Assemblyman Matthew Martinez
Assemb 1 )'Woman Gwen Moore
Assemblyman Richard Mountjoy
Assemblyman Patrick Nolan
Assemblyman Michael Roos
Assemb 1 yman Herschel Rosenthal
Assemblywoman Marilyn Ryan
Assemb 1 yman Dave Sti r 1 i n9
Assemblywoman Sally Tanner
Assemb 1 yman Art Torres
Assemblyman Curtis Tucker
Assemblyman Frank Vicencia
Assemblywoman Maxine Waters
Assemb 1 ywoman Cathi e Wri ght
Assemblyman Phil Wyman
Assemb 1 yman Bruce Young
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vandalism, malicious mischief, and theft coverage for the facility
and for all equipment acquired by the Grantee with project funds. A
self-insurance plan that meets these requirements is acceptable. The
State shall incur no liability for any losses related to the facility
and/or equipment under this contract.
16. Any issue which concerns the interpretation or implementation of this
contract may be resolved by the Chief of the Office of County Health
Services. Prior to referring any issue to the Chief of the Office of
County Health Servi ces, the Grantee shall make a good faith attempt to
resolve the issue first with the State Project Officer and the Chief of
the Capital Projects Unit.
17. Should this contract be terminated by either party, the terminating
party shall give 30 days written notice to the other party.
Notification shall state the effective date of the termination.
(a) Should the contract be cancelled by the State, the remaining
unexpended State and Grantee funds in the capital project
fund/trust account shall be authorized by the State for return to
the respective parties in the same ratio that funds were depo-sited
into the capital project fund/trust account.
(b) Should the contract be cancelled by the Grantee, the State may
demand that the Grantee reimburse the State the amount of State
funds expended prior to the effective date of the cancellation.
The remaining State funds in the capital project-fund/trust account
will be authorized by the State for return to the State.
18. This contract may be amended in writing, duly approved by the parties
hereto, in the same manner that the original contract was approved.
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S;:ATE OF CALIFORNIA-HEALTH AND WElFARE AGENCY
EDMUND G, BROWN Jp." Gov,'rnor ;
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DEPARTMENT OF HEALTH SERVICES
714i144 P STREET
SACRAMENTO, CA 9.5814
November 4, 1981
Clerk, City Council
City of Vernon
Vernon, CA 90058
Dear City Offici-al:
The City of Vernon submitted one proposal for a total" of $9,000 of AB 3245
funds. I am pleased to inform you that the fo 11 owi n9 proj ect has been appr"oved
for funding:
Priority # Facility Name
Type of Proj ect
Amount of 3245 Type of
Funds Awarded Award
1 Hea lth Department
Equipment
$9,000 Grant
The use of the awarded AS 3245 funds will be contingent upon the successful
negotiation and signing of a contract between the Department of Health Services
and the City. This contract may include special conditions that the city must
meet in order to receive AB 3245 funds. A. trust fund will then be established
for each project into which the state and city matching funds will be placed.
As project costs are incurred, an equal amount of state and city funds will be
authorized for withdiawal from the trust account,
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Geneia11y, a pioject as described in the project proposal, should not begin
until the contract has been signed for that project. If it is critical that the
project begin inrnediately, you may select a trustee, inform the Office of County
Health Services of the trustee, deposit the city's share of the project costs,
and commen;::e work on the proj ect by expendi ng the deposi ted ci ty funds. However
please note, that should you decide to proceed, all project activities performed
prior to contract completion are done at the risk of the city and mayor may not
be matched by the state - depending onwhether or nottJiose activities meet the
final contract requirements. Obviously, project expenditures after the date of
this letter and prior to contract cOOlpletion must be documented and consistent
with your proposal \vhich was reviewed and approved.
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- 1;3 -
Exhibit G
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
STANDARD PROVIS!ONS
(FOR STATE FUNDED'5UBVENTIONAID/LOCAL ASSISTANce
COST '~I$URSE:M~T CONTRACTS)
Fair Emplo\'ment Practices
The attached flir Emplo;'ment Pt'llcticc:s Addendum (Standard Form 3) by reference hereto is inc.o1l'M-
ated as part of this contract. ~. .
~4) Tra\'el and Per Diem
Any reimbursement for necessary traveling c:xpenses and per diem shall be at rates not tv exceed thO'Se
applicable to regular State employees under SuteBoard of Control rules. :-;0 trlwd outside. the Stut',.,:', .
California shall be r<:imburse4 'lmless prior \\'ritten authoriutionis Dbtained from the State.
(3 ) Personnel Standards
All personnel employed by the Contrat"tor under this wntract shall meet the sundards ofn-.aini~.and
experience. requin:d forcomp.a.rablepositions in' State employment, udetermined by the State..
(4) Standards of Work
The Contractor agrees that the perfonnance of work and ser"ices pursuant to the rcquircmen~ "f .this
contract shall conform to high professional standards. "
(5) furnishinS! of Property b\'the ~tate or Purdlaseof Pro~rtv with State Funds
A. At the time of purchase of equipment under the terms hereof, either
by the State or Contractor, the Contractor shall submit a list of such
equipment in the format contained in Exhibit F.
* Note: All references to "Contractor" in this document shall be
as "Grantee".
1198 (J/80) Modified
.
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3. Ii the State and at the State's sole option. through its Office of Procurement. purchases any e'luiF:Tien~
iisteJ in the budgctapproved for this contract. the cost of said equipment will be deducted froms:!\<:
eonr~;lC: amount, COlltracrar shall submit to State '3 separate list cfthe equipment specifications. <"t:.::'
\, ::: pa:' vendor directly for equipment. Said equipment will be delivered t.o the
Contractor's address as stated in said contract unless notifiedb~,
Contractor in wri ting.
\ 6) Invoices and Income Restrictions
,::.,. i: s::a:l be Con~actor's sole obligation to prepare a.'1d submit to the State an 'invoice for n\'mt:n: ; ,-
s::;-;;ces at the time and in the manner stated elsewhere in this contract.
:3. The Contractor agrees that any refunds. rebates, credits. or other amounts (including an)' interest thereon,'
accruing to or rcclI'il"'t'd by the Contractor under this contract shaH be paid~t:n-: the Contractor to t.'x St~!e
to 6e extent that they are properly allocable to costs for which the COl'ltractor hube'en i'eimbu~d h
the Sute under this contract. "
C. Vendor receipts shall be attached to Contractor I s invoices submitt-ed to
the State.
..\ '.,:
, ~) r.:-::UT'inarion of Accounts. Audit. and Records - subcontract Language
:). Th,,' C,0!'l't:-~C:0,:-'S '-.f:lci,:'i~. 0: offic..(>....or sucn Fl~" thereof..as may be e-r!g:i~~d :..n. the' .?e-r-t~~'n\;_j:;-_t~-'?..,:-::-:,~~
~:.~::::-zc..:. =-~d ~:s r~6-ord-$ sh:t!~ -he- .subjec~ :ft all reas_Q~:blc.:imes to.i:-.spect.lon, .:l\.l"d.:,~.a.~'(! ref-tL"hj.:~;~'~,~:-'~-:'
~!1t' ~~a~(' or an\' of i~s Qui\' authorizec represenuri\'cs,
'-. T:~t' C2:'".::ac:o! sh:.Il prt:serY~"'''~nc m~kc: :l\~3.i:2.h;e ,h~s recl:':as.... CD- fer a pc:icc cf fot::_ye:l~ ..f'!:cm,:the ..,d:; ~{" ..~:..
:::::.: ?:.y::~e::~ ~::der this contract. ;mc (i:' for such longer period, if :my. as is require': b\' :If'pli,a!<::
s:ai:~te. t-y any other clause of this CO:1trJ.C~, or by Subparagraphs 1 or 2 below,
l}
If this contract is complctdv or Far:1:l.l1y terminated. the records relating to the wdtk :t~m1l7J.a:C:';
s!1all be preserved and made J.\'ailabic fot a period of four years from the dlltCi)f 1n:~ w$\Jft:r"t'fi:ti'~j
s:nlement.
. ;~;:),
":t;,,-,. -
2) If any litigation. claim. negotiariC'n, audit or other acriori involving the record$ has been- stance:
>-\~.fC1"e .he c:\,,:,\;.."'ti~,... c+ ..he ..',,~... \"C"":~ 'j....."";'O~ ':'::h.... "recor-~s s-1.,~11 be '''c.-a;-pd -"....~;l .....O~"'T.,....;('\.,.. -.. .,.. ...~.-.
~_",._,,-~.. "'~'" 'r-._~""--'I,;.,.......~,..~- '_~~' -~r~.~ ~.;"';'j..,-, .'~ '.-...'. ...~I.".. .....:.~,\i. ~'.~,,,.::"~;.~..~~":,,~~"
.:i,~::yn ar'h( re,~L)i..ution" of' ,.;;.~i- lSSDCS """,'..:!lcrl 4:lSe trom,.. 11, or unol u~_c: cnJ 07 the t~itl~ar It.'\..l':" ~...'t.1:-
?enod. whichever is later.
D. '!'::t. Conrract0!' :~rtl;er :lg-rees to :Tlcbdc: ::-: ~ll;ls s:.:bconzacts l:ereunc::r :l \\,;i~en :l~eement \\'i~l; $.::":
su:.(on:ractor or vcndor.. u"e followin~ clausc;
"
, "
- IS
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"(."'amr of FeruJo'r Of' Subcontractor) agrees to maintain and pme!"\~. u:lol fo~r '~'ears after ~ermi~tic:l
of ~Co12t~aaor's n~nu) agreement .or contract with the State of Califomia, and to .pennit the Stat('~,a1\Y
~f I~S du.r authonzedrepreSC'ntatlvc:~ to have access to and to.examint"and audit an)' peninen~. books.
..OC\lments, papers, and records of (;'\(121111' of Subt:011tr.l'Ctor or ;;C'lJOI') rc:1a~.d to this (pllubi1u,ftotJ~r 0;-
subcontract). ..' '
(8) Coven~t Allain,! Condl'Y~ntF,es
TheCon:n-ctotwarrants that no pdS<>fl ,ot selling i.gency has been employed or retained to s-olicrf or.
s~curc thIS contract upon an agreement or understanding for a commission. percentage, brokerage. 0( c~~
:I~gent fee, excepting bOll.1 fide employees or bOil,] fide established'commerdal or selling agencies mam.
tamed by the Contractor for the purpose of securing business. For breach or violation o-f this wma.nt\' the
State shall ha\'!: the right to annul this contract without liabilit)' or in its discretion to deduct fl'o~ th~
conrract price or consideration. or otherwise reCO\'er, the full amount of such comminion. percenug,c,
brokerage:, or contingent fee,
The State, through any authorized representati\'es, has the right at all reascinable"times to insp!ct, or
otherwise e\'a.luate the work perfonned or being perfonned hereunder and the premises in which it I~
being performed. ,If an}' inspection. or evaluation is made: by the State of the premises of the,.conttae;tul'
or a subcontractor, the Contractor shall prm'ide and shall require his subcontractors to prm'ide aU reasor--
able facilities and assiStance for the safety and con\'enienn: of the Staw:rt'ptesentati\'es in the perf~i'e
of their duties. All inspections and e".a.I\lauons shall be perfonned in such a manner as will oot und\lJr
delay the work. '
(10) ~ondi~.!il!!in~Ji<mJ1l.Ss.f:\..:..i<'..IS...amwti.~ati.lili~
(11)
A. The Contracwr will not discriminate in the: pro',ision of sen'ices bec'ause of race. (oiM.
oripn, sex, or age as pro\'ided by state and federal law.
B. F or the purp~se of this contract. distinctions on the ~ounds of race, <:vlor. cree";,
include but are not limited to the following: denying a participltlt any se,ryi~e or hem.f:t III II p;tnltl;.ar:t
which is different, or is provided in a different manner or at a diffcrent time :'rom that pn1viJ<...j ~(' (It:~,'~
participants under this contract; subjecting a participant to segrc1!Oltion or separate: tn':,atmer.t in a;'l:
matter related tQ his receipt of any service; restricting a participant in any wa~' in the enjoyment <If ar.y
advantage or prh'ilcge enjoyed by others receiving any service or benefit: treating a participant diifcrcm:::-
from others in determining whether he satisfied any admissian, enrollment quota. eligibility. memt,ershir,
'Or other requir~mcnt or condition which indi\'iduals must meet in ardcr to be pro\'ided any service <'r
benefit; the .ui~ent of times or places for the ptovisionoi servi<:es an the wis of the
creed. or national origin of the participants to be sel'\'ed.
C. TlK Contractor .....ill take affirmative action tot-nsure that intended beneficiaries nc ;mwiJeJ se1"\'i,'e~
with'outregard to ract. color. creed. national origin. sex. or age:. '
The Conm.nor agrees that complaints alleging discrimination in the ddiveloy :11 sen..ices by tll<: U;lit.-t~~t"!
or his or her subcontractor ,because of race, color, national origin. eret;d, sell:. age, or j>ilyskal or m~ri't;i:
handicap. will be resolved by the State through the Department of Health Services' .-\ffirmatin: :\~i<'~
Complaint Process.
."
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(12)' .~PJi~e of' <;OIriplaint ProC'eQn[~
The Contractor shall. subject to the appr~\'~l of the Department of Health Sen'ices, establish prO('c:\.hU'l:~
under which recipients of sel'\'ke aTe informed of their rights to file a complaint alleging dist'nminatidnot
a violation of their ch'il tights with the Depanment of Health Services."
(13) f.ffirm~ri\'e O<:t.O" faf'Handical)~d W1?ric:t"
A. The Contractor will nut discriminate against any employeeoT applicant for employment be<<uK t}~
physical or menul handicap in regard to any position for which the employee Of applicant for employ-
ment is qualified. The Contractor agrees to take affirmative action to employ. ad\'ance in employmcnt an":
otherwise treat qualified handicapped indi,'iduals withtlut discrimination based upon their physical or
mental handicap in all employment practices such as the following: employment. uPFadin~. demotion ".
transfer. recruimH~nt. advertising, layoff or termination. rates of payor other forms of compensation, ,m..:
selection for training, including apprenticeship,
The Contractor aFrees to c:ompi~' with the rules-. regulations. ud rC'iC\'ant orden of the Secretary
issued pursuant to the Act.
C. In the event of the Co.uraclOr', noncompliance with the requirements of this clause. actions for noncom'
pliance may be taken in accordance with c the rules. regulations and relevant orden of the Secretary of
Labor issued P\ll'SUaflt to the Act,
E. The Contractor "'ill notify each labor union or re'presenutive of werkers with .,...!lien it has a edlecri\':.:
barptining agreement or other contract understanding. that the Contractor is bound by the term~ l,f
Sectior. 503 of the Rehabilit:ltior. Act of 19:-3. and is committed to uke affirmati\'e action to empl{)~.. at.':
advance in employment physically and mentally hudicapped individuals,
D. The ContractOr agrees to post inconspicuous places, ll\'ailable to employees and applicants for employ-
ment, notices in :1 form to be prescribed by the Federal Director of the Office of Federal'Contrac.t Ctlrn.
pliar.ce Program, prQvided by or through the Federal contra~ting officer. Such noti<csshall statc the
Co:nTactor's obligation under the, law to take affirmative ac.tion to employ and ad,'ance in emplo~:-tm1'.~
qu:l.!i:ied handicapped employees and applicants for employment, and theri~hts of appli'<1.n.,at'l~,
employees,
F. The Contractor will include the pTO\'isions of this clause in e\'cry subcontract or purchase order of 51,500
or more unless exempted by rules. regulations. or orders of the Secretary issued pursuant to Section 5(l~
of the ,\ct. so that such pro\'isions will bc binding upon each subc{)ntractor or vendor. The Contractor wili
take such action with respect to :my subcontract or purchase order ,as the Director of tM otfice, 0:-
Feder..! ConttactCompliance Pt~ms may direct lornfofce s~l} prO\'i~ inch.ding "c~n (or~"
compliance.
Conrractor agrees to the provisic'fls of the Af!e Discrimination Act' of 1 !'75. as :?l':1e:1dec, pef::?ini::;; ~o ..":e,
Frohibition of discrimination based on ::lge in all federally-assisted programs or acti,'ities. as detaiieJ in
Federal Regulations, 45 CFR. Part 91.
,G. ' In ad<1ition to complying ",iJ.h the provisions of Para~phs A throU'Fh F :lb(ln~. Con~:u:tor :l.~:<<S tot~e ,
provisions of Se:cticm 504 of the: Rehabiliution Act of 1973. as amended, pertaining to the prohibition o~c
discrimination against qualified handicapped persons in aU federally-assisted programs or acti\:i1;iC$....;,s
detailed in Federal Regulations, 45 CFR. Part 84.
(14 ) ~, Di"rim~abol! !tet of 1 W'
.
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II
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(15) Offidals Not to Bf:oefit
~o member of or delegate to Congress or the State Legislature shall be admitted to any share' Of pan of
this contract, or to any bcn<fit that ma)' arise therefrom; but this provision shall not be eonStnlc,d to
extend to this contTll(:t if made lA;tn '. corporation for ita general benefit.
(l.6~ Utilizawon of Sm.1Bu..Concems
A. It is the policy of the Federal Government and the State asdeclan:d b)' the Congress and theS'ta.tt! Legis.
lature that a. fair proportiOti 'Of the purchases and contractS for supplies and sen'ices for the Sta;tt! be
placed with small business concerns.
B. The Contractor agrees to accomplish the maximum amount of subcontraCting to small business concerns
that u~c Contractor finds to be consistent with the efficient performance of thiscantract.
'dE~~~tion ~f Mino,!'i...D' Business Enterprises
A.
B. The Contractor agrees to use his best efforts to carry au t this polky in the award of his subco:m...:ts :,'
the fullest extent consistent with the efficient performance of this contract. As used in this C(lntract, thl
term "minority business enterprise" means a business, at least SO percent of which is owned by min'Ori:-.
grQUP members: or, in the case of publicly owned businesses. at least 51 percent of the srock of \i.'hieD ;,
owned byminoriry group members. For the purpose of this definition, minority group members are Bh..:i-;,
.-\sian. Spantsh-speakmg/Surnamed, Filipino, Polynesian. American Indian. or Alaskan :'\ni\'c. ~~mmi~.
ority .....omen.owned firms may be included when business is 50% owned and operated by a wom'a.n ar...:
thcc(l-()wner is not her husband. or 51 ~<' (or greater) when oy.'f1ed 'and operated by a woman a1l'd tht:
C(~OWner is her husband. and/or is publkly owned. Contractors may rely on wrift('n represenUtim'!!"j;..<
subcontractors regarding their status as minority business enterprises in lieu ,1f an .independent"
investigation.
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FAIR EMPLOVMENT PRACnCES ADDENDUM
1. In the performance 'Of: thi~ eontfad, the Contractor will not diS<;fiminateapinst any employee or aplll/cant
for employment because 01 race,color, reliSiGn, ancestry. sex'*, age*. national origin, or physical na"dic.ap*. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees a~trf&ted-
during employment, without regard to their race, color, religion, ancestry, sex *. age*, nationaf origintor physical
handicap*. Such action shall include, but 'not betimited to, the following: employment, uP9rad~, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compen-
sation; and selection for training; including apprenticeship. The Contractor shall post in conspicuous places, avail-
able to employees and applicants for employment, notices to be provided by the State setting forth the provisions
of this Fliir Empfoyment Pf~tices section.
3. Remedi~ for WitHul Violation:
(a) The State-may determine a willful 'violation of the Fair Employment Practices provision ,to' nave
occurred upon receipt of a final judgement having that effect from a court in an action \ewnidl
Contractor was a party, or upon receipt of a written n:otice from the Fair Employment '~~
Commission that it has investigated and determined that the Cpntractor btS violated the 'F~Ii:"oy-
ment Practices Act and has issued an. order, under Labor Code S6f;:tion 1426, which has bet. firl,al,
or obtained an injuncUon under Labor Code SJlCtion 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall have the right to
terminate this contract either in whole or in part, and any loss or damage sustained by. the State in
securing the goods or services hereunder shall be borne and paid for by the Contractor and by his!her
surety under the performance bOnd, if any. and the State may deduct from any moneys due or that
thereafter may become due to the Contractor. the difference between the prieil named in the contract
and the actual cost thereof to the State.
"
*See Labor Code Sections 1411 . 1432.5 for further details.
STD. 3 (&'77)