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HomeMy WebLinkAbout5550-5599v RESOLUTION NO. 5599 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle seconded by Councilman Dunin the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey,.and Mayor Billig NOES: None ABSENT: Councilman Griffin and on the foregoing Resolution was passed and adopted this 15th day of January, 1985 AP P n C9.4 -_ City Administrative Off" er R 5599 v ��l EXHIBIT A SURPLUS PROPERTY LIST ID "a DESCRIPTION ...0452 '78 Chev - Chevette ...5121 '74 Chev- Pickup ...0227 '82 AMC- Concord (Damaged) ...8566 '76 Pontiac -Sedan ...3692 '81 Dodge -Sedan ...3695 '81 Dodge -Sedan ...3703 '80 Kawasaki - Motorcycle ...3707 180 Kawasaki - Motorcycle ...6660 '78 Pontiac -Sedan ...0588 '80 Chev- Malibu ...3034 '78 Plymouth - Volare ...6422 '80 Chev- Caprice 50 unclaimed bicycles from Police Dept. CO /0le -4//� RESOLUTION NO. 5598 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The attached Traffic Work Orders for the period of October 1, 1984 through December 31, 1984 are hereby approved. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of January , 1985. TLI�Lalel' City Administrative Off i er R 5598 X1e�7 007 �IIIhnInIII�IIIIIIIIII II MEETING DATE: �A����� city of san' , -is OBlspo Jan. 15 1,%85 MoGs COUNCIL � ENDA REPORT ITEM MBE FROM: David F. Romero Wayne A. Peter Prepared by: Barbara Lynch Prnhlir Wnrkc nirertnr City FnQinee�r �. Eneineerine Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of October 1, 1984 through December 31, 1984 CAD RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for the Period of October 1, 1984 through December 31, 1984. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. Two thirds of the work orders completed were requests for red curbing from citizens and staff to improve visibility and clearance problems. The remaining were sign- ing, parking and signal related requests from businesses and staff. Only two of these requests were for pavement markings, one for a section of centerline and the other for repainting "Stops ". It has been.the Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1984 through December 31, 1984. Attachments: Completed Traffic Work Orders - October 1, 1984 through December 31, 1984 available in Council Office for inspection. by e ?- / RESOLUTION NO. 5597 (1984 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT FOR PROPERTY AT 2306. JOHNSON AVENUE (LOW- DENSITY RESIDENTIAL TO OFFICE) (GP 1170) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The Planning Commission and City Council have held public hearings on this amendment in accordance with the California Government Code and the General Plan Amendment Regulations of the City. 2. The Planning Commission has recommended approval of the amendment. 3. In accordance with state and city environmental review guidelines, an initial study has been prepared (ER 1644) and a negative declaration of environmental impact was approved by the Camnunity Development Director September 17, 1984. 4. This change is part of the first general plan amendment of 1985. SECTION 2. Action 1. The council affirms the approval of a negative declaration of environmental impact. 2. The general plan Land Use Element map is amended as shown in the attached Exhibit A. This action shall take effect January 4, 1985. On motion of Councilman Dunin -- , seconded by Councilman Settle - -• , and on the following roll call vote: AYES: Councilmembers Dunin, Settle and Griffin NOES: Councilwoman Dovey and Mayor Billig ABSENT: None the foregoing resolution was passed and adopted this 18th day of December. 1984. Resolution No. 5597 (1984 Series) Page 2 APPROVED: City AcIninistrative Off ic City Atto ey Community Development Director foss ft m I Yr . .......... LAND USE ELEME WT T Mo. -7C .RESIDENTIAL in. RESOLUTION NO. 5596 (1984 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE HISTORIC PRESERVATION GRANT PROGRAM OF THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1984, FOR REHABILI- TATION OF THE EXTERIOR OF THE "COUNTY HISTORICAL MUSEUM" (FORMER CARNEGIE LIBRARY) LOCATED AT 696 MONTEREY STREET, SAN LUIS OBISPO, CALIFORNIA. WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for Public recreational purposes; and WHEREAS, the Office of Historic Preservation, Department of Parks and Recreation, State of California has been delegated the responsibility for the administration of the Historic Preservation section of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the state; and WHEREAS, applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for development, rehabilitation or restoration of the project; NOW, THEREFORE,_BE IT RESOLVED that the City Council of the City of San Luis Obispo, California, hereby: 1. Approves the filing of an application for 1984 state grant assistance for the above project, and 2. Certifies that said agency understands the assurances and certification in the application; and R 5596 RESOLUTION NO. 5596 (1984 Series) J i page 2 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project is selected for state grant funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of funds under this program and will commence work immediately after state approval; and 5. Appoints the Director of Public Works as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including, but not limited to application's, agreements and amendments to be retained in the office of the City Clerk. 6. The City Clerk is hereby directed to furnish an executed copy of this resolution for attachment to approved application and other supportive materials as may be required for forwarding to: Office of Historic Preservation State Department of Parks and Recreation P.O. Box 2390 Sacramento, CA 95811 On motion of Councilman Griffin , seconded by Councilman Settle AND ON THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of December 1984. , 1 RESOLUTION NO. 5596 (1984 Series) ATTEST: CITYICLERK PAMELA VOGES APPROVED: City Administrative 0 ficer City At rney r� page 3 Director of F' ance Director of Public Works �i�� ®� ��sf��c �in�nc� �i/� orr�ro �o�Kfan ��G.�1/Gz�oo�i ^�, ���� ::. .; . RESOLUTION 5595 (1984 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE HISTORIC PRESERVATION GRANT PROGRAM OF THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1984, FOR REHABILI- TATION OF THE EXTERIOR OF THE "JACK HOUSE" AND REPAIR OF EXISTING ELEVATOR FOR HANDICAPPED ACCESS, PROJECT LOCATED AT 536 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA. WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational purposes; and WHEREAS, the Office of Historic Preservation, Department of Parks and Recreation, State of California has been delegated the responsibility for the administration of the Historic Preservation section of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the state; and WHEREAS, applications contain assurances that the applicant must comply with: and WHEREAS, the applicant agency will enter into an agreement with the State of California for development, rehabilitation or restoration of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California, hereby: 1. Approves the filing of an application for 1984 state grant assistance for the above project, and 2. Certifies that said agency understands the assurances and certification in the application; and R 5595 RESOLUTION NO. 5595 (1984 Series) page 2 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project is selected for state grant funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of funds under this program and will commence work immediately after state approval; and 5. Appoints the Director of Parks and Recreation as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including., but not limited to application's, agreements and amendments to be retained in the office of the City Clerk. 6. The City Clerk is hereby directed to furnish an executed copy of this resolution for attachment to approved application and other supportive materials as may be required for forwarding to: Office of Historic Preservation State Department of Parks and Recreation P.O. Box 2390 Sacramento, CA 95811 On motion of Councilman Griffin seconded by AND ON THE FOLLOWING ROLL CALL VOTE: Councilman Settle AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of December 1984. E RESOLUTION NO. 5595 (1984 Series) J page 3 APPROVED: eAa City Administrative Of 'cer 102uj�� ::� City A .orney * * * * * * * * * * Director of Y" na-nce C. i I RESOLUTION NO. 5594 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT FOR COMPLETING SIDEWALK RECONSTRUCTION PROJECT, CITY PLAN NO. G -30, BETWEEN THE CITY OF SAN LUIS OBISPO AND UNITED PACIFIC INSURANCE COMPANY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit 1, and incorporated herein by reference, bewteen the City of San Luis Obispo and United Pacific insurance Company, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and an original to United Pacific Insurance. Company, a copy to the City Engineer and Finance Director. On motion of Councilman Griffin , seconded by Councilman Settle 9 and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of December 1984. ATTEST: V CITY rLERK PAMELA VOG R 5594 Resolution No. 5594 (1984 Series) Page 2. APPROVED: 6Z,�P- a at:�Y — City Administrative Officer City Attor ey City Engineer AGREEMENT THIS AGREEMENT, made and entered into this.l8th .day of December. 19849 by and between CITY OF SAN LUIS OBISPO (Owner), and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation ( "United Pacific "), W I T N E S S E T H: WHEREAS, Owner entered into a construction contract on September 6, 1983, with Conco Engineering, Inc. for construction of sidewalk, Chorro- Monterey to Higuera, City Plan No. G -30; and WHEREAS, United Pacific as surety and Conco.Engineering, Inc. as principal, executed unto Owner, as obligee, its Performance Bond U- 445006 dated September 6, 1984, in connection with said construction contract; and WHEREAS, prior hereto, Owner has terminated for lack of prosecution and /or Conco Engineering, Inc. has abandoned the project and.Owner has sought performance of the remaining work required under the contract from surety; and WHEREAS, United Pacific is willing and desires to complete or procure the completion of said work in accordance with the conditions of said Performance Bond and has'advised Owner with respect thereto, without prejudice to any of its rights and without waiver of its defenses in connection therewith as a measure to minimize costs; and WHEREAS, this agreement is being made and entered into between Owner and United Pacific pursuant to the applicable statutes of the State of California and the applicable rules and regulations of Owner and in accordance with and pursuant to its authority and by agreement of its Council for the purpose of facilitating completion of said work required by said construction contract in accordance with all of the terms and conditions thereof, except as amended or modified hereinafter, and upon the express conditions that Owner will immediately pay to United Pacific all.contract funds now due but being held by Owner and that Owner will pay United Pacific unconditionally, in the manner provided in said construction as as pro- vided hereinafter, NOW,.THEREFORE, in consideration of the mutual covenants and agreements, the parties hereto do contract and agree as follows: 1. United Pacific will take over and complete the work required by said construction contract in accordance with the terms and conditions of said construction contract, EXCEPT as may have been previously modified by change order and as hereinafter modified and in accordance with its Performance Bond, and Owner agrees and promises to pay United Pacific in the manner provided in said construction contract. 2. It is agreed and understood that the completion of the work under said contract shall be performed by designee of United Pacific Insurance Company; 3. It is understood and agreed that-United Pacific's takeover contractor, designee, will proceed as soon as practicably possible to complete the work under the aforementioned construction contract, subject to any appropriate extensions of time and other bases for increased performance time resulting from weather conditions, or otherwise as set forth in said contract. At the present, Owner agrees to extend the time for completion of said work without penalty with respect to any period prior thereto. 4. It is understood and agreed that United Pacific will immediately be paid all presently due amounts earned under the project contract and now being held by Owner. 5. It is further understood and agreed that United Pacific, by entering into this agreement, is not acting as a contractor but merely in its capacity as performance bond surety; and that no rights under this contract, or otherwise, shall inure to the benefit of any third party except as otherwise expressly provided by law. It is understood that this agreement is for the sole benefit of and shall inure only to the benefit of Owner; 6. United Pacific will designate a contractor to be obtained as its agent for purposes of completion of the work on this project, the processing of change orders or extra work orders and other negotiations in connection with the com- pletion of the work and presentation of actual quantities for purposes of payment to United Pacific on the various bases set forth in the underlying construction contract; -2- L] 7. Owner estimates that the unpaid balance of said construction contract, including all retainage, is in the present amount of $62,906.97, which includes $745.10 retainage on work previously performed by Conco Engineering, Inc. and subcontractors of Conco Engineering, Inc. with respect to this construction contract. In addition, Owner estimates that the remaining quantities of uncompleted work, based upon estimated quantities, are set forth on Exhibit "A" to this agreement which represents the architect's most recent Certificate for Payment and Certificate of Progress in accordance with the contract documents; 8. United Pacific will undertake to be responsible for any valid warranty items which may appear in connection with construction work in accordance with the terms and conditions of the construction contract above described; 9. Owner will pay United Pacific in accordance with the.terms of the contract EXCEPT as modified herein. IN WITNESS WHEREOF, the parties have executed this agreement for themselves, their heirs, executors, successor, administrators and assigns on the day and date first above written. By UNITED PACIFIC INSURANCE COMPANY Bond C1�¢m Rep re ntative CIT_Y %��AN LUIS OBISPO (J MAYOR ME* IE C. BILLIG CITY CLERK -3- STATE OF ss. COUNTY OF ) z� , 19-. Personally appeared who, being duly sworn, did say that he is of and that said instrument was signed and sealed on behalf of said by authority of and acknowledged said instrument to be its voluntary act and deed. Before me: NOTARY PUBLIC in and for the State of , residing at My Commission expires STATE OF WASHINGTON ) )ss. COUNTY OF AAA) (T I ) 19 A Personally appeared Gov -A i who, being duly sworn, did say that he is the Bond Claim Representative of UNITED PACIFIC INSURANCE COMPANY, a corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and acknowledged said instrument to be its voluntary act and deed. Before me: NOTARY Pij LIC and 61r the State of Wash ton, residing at _17+,�Ain4 My Commission expires N7 -4- RESOLUTION NO. 5593 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A RECRUITMENT PROCESS FOR HYDROELECTRIC DEVELOPMENT WHEREAS, the City of San Luis Obispo has under construction the Stenner Canyon hydroelectric plant, and; WHEREAS, the City operates the mater treatment plant, and; WHEREAS, the City has potential hydroelectric development at the treatment plant, and; WHEREAS, there are tax benefits for energy development, and; WHEREAS, these tax benefits expire at the, end of 1985, and; WHEREAS, the City cannot avail themselves of these tax benefits and time is of the essence, and; WHEREAS, it could be mutually beneficial for soliciting and selecting qualified developers for the subject energy development. NOW, THEREFORE be it resolved that the City Council directs that: 1. Staff shall prepare and administer a detailed request for hydroelectric developers consistent with the City's Purchasing Control Procedures. 2. Staff shall review and screen qualified developers and return to Council with a recommendation for approval: On motion of Councilman Griffin., seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin; Settle, Dovey, Dunin and Mayor Billig .NOES: None ABSENT: None R 5593 Resolution No. 5593 (1984 Series) Page Two the foregoing Resolution was passed and adopted this 18th day of December 1 1984. APPROVED: City Administrative Offic r City Att rney Public Works Director W flO T? - I*r RESOLUTION NO.5592(1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 808 (GANN INVESTMENTS - SUBDIVIDER) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the improvements for Tract 808 are hereby accepted by the City of San Luis Obispo. SECTION 2. The Council hereby authorizes release of the Performance Bond. A Warranty Bond (Irrevocable Commitment of Funds - Mid State Bank) in the amount of $48,278.00 shall be maintained to guarantee the improvements for one year in accordance with the Subdivision agreement. On motion of Councilman Griffis seconded by Councilman Settle , and on the following roll call vote:. AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of_December 1984. ATTEST: )12 r159, i CITY PLERK PAMELA VOGES R 5592 APPROVED: La � s CITY ADMINISTRATIVE 0 FICER CITY i -CITY E EE i�eehOff �%s RESOLUTION NO. 5591 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR AN UMTA SECTION 18 GRANT TO PURCHASE TWO COACHES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To authorize application for an UMTA Section 18 grant to purchase two transit coaches. SECTION 2. To authorize the Transit Coordinator to sign all documents pertinent to the application. SECTION 3.. Appoints the Transit Coordinator as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including, but not limited to application's, agreements and amendments to be retained in the office of the City Clerk. SECTION 4. The City Clerk is hereby directed to furnish an executed copy of this resolution for attachment to approved application and other supportive materials as may be required for forwarding to: CALTRANS Division of Mass Transportation 1120 N Street Sacramento, CA 95811 R 5591 119.1108 !"Qi: jy XCITWOKA Ac 7TI4 Ali 43 0100 X 10 W.,iGRAW 14 ZA AN VOIVAYAQU &UNHOHTH WHO Vuf YA? 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Lns, 2 VITA U iQss7ioqmnmT zml N WRIVI(I ISUIN � OSLI HUR AU .0jWUZI0W,' Resolution No. 5591 (1984 Series) On motion of Councilman Griffin , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day or December 1984. Resolution No. 5591 (1984 Series) ". 22I 1"t 311A / Q J City Administrative Officer City At FFAW Ae Public Works Director �.D �no�i� � �/� r �� Tra.� 1' ... �.. �.i ..i '. 1., .'l'.'... �. ..:, � C.': . _... u �. . RESOLUTION NO. 5590 (1984 Series) A RESOLUTION APPROVING AGREEMENT (PROJECT NO. CA -03 -0253) BETWEEN UMTA AND THE CITY OF SAN LUIS OBISPO FOR IMPLEMENTATION OF AN UMTA SECTION 3 CAPITAL GRANT BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. Approve Agreement (Project No. CA -03 -0253) between UMTA and the City of San Luis Obispo for implementation of an UMTA Section 3 Capital Grant. 2. Authorize the Mayor to execute the Agreement. 3. Direct the City Clerk to send two complete copies of the executed Agreements with two certified copies of this resolution to: Mr. E. V. Fuentes Regional Counsel Urban Mass Transportation Administration 211 Main Street, Room 1160 San Francisco, CA 94105 On motion of Councilman Griffin seconded by Councilman Settle . and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 18th day of December 1984. AT ST•.' I QJ I)Alo� 0 CI CLERK PAMELA VOGE R 5590 Resolution No. 5590 (1984 Series) APPROVED; a-� City Administrative Offi er City Att ney Finance Dire r Public Works Director rte; MoHep S done, -pile, 0 �1 iaIITFD STATES CF AiV1ERICA mARrmr OF TRANSPCffiI'ATICN URBAN MASS TRANSPCRPATICN ADUNIMMTICN N MFICATICN CF CRANr APPROVAL 49 U.S.C. Sec. 1602 (SBIT, ICN 3 - CAPITAL ASSISTMM) Project No. CA -03 -0253 C$iANI'EF-: City of San Luis Obispo - ESMUM 1DTAL PMTFI✓T coo NINE HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED DOLLARS ($952,900) wrmwED NET PnwE= CtJb'T: NINE HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED DOLLARS ($952,900) NPIXZ M FEIERAL SHARE: SEVEN HUNDRED FOURTEEN THOUSAND, SIX HUNDRED SEVENTY -FIVE DOLLARS ($714,675) NM MM PEWENrACM CF FEDERAL PARTICIPATION: EIGHTY PER CENTUM (80%) OBLIGATION WE: SEP 13 1984 9QIRCS OF FEDERAL FINANCIAL ASSISTANCE: FFY APPN SW LIM TA FPC Amount 84 37 03 31 2 00 $714,675 OF SBCTICN 13(c) July 28, 1982 FRWBCT DESCRIPTICN: a. Office furniture; SPECIAL CONDITIONS: See attached b. Shop tools and equipment; c. Bus washing, cleaning and fueling equipment; d. Land acquisition; e, Engineering and design; f. Construction management and inspection; and g. Construction of bus maintenance, operations, administration and storage facilities. , to :, UvWA, MICH IX SPBCIAL OWDITIMS Amendment to Use of Project Facilities/Equipmnt Clause The last sentence of Section 108.b. of the 4/l/83 edition of Part II, Terns and Conditions (or paragraph b. of the Use of Project Facilities and Equipment clause set forth as a special condition of the grant) is mended to read as follows: Unless the Government acknowledges in writing that exceptional circumstances justify otherwise, in cases where the property is not insured, the fair market value will be the value of the property imnediately before the casualty or fire. Amendment to "Labor Provisions" Clause Please note that the attached revision regarding "Labor Provisions" amends Section lll.d. of Part II, "Terns and Conditions ", and may apply to this grant. C% C SPECIAL CONDITION Section 111.d, of Part II, Terms and Conditions is amended to read as follows: d. Labor Provisions. Pursuant to regulations set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in all construction,contracts of $2,000 let by the Recipient in carrying out the project. (1) MINIMUM WAGES. (a) ALL LABORERS AND MECHANICS EMPLOYED OR WORKING UPON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE.CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OF LABOR UNDER.THE COPELAND ACT (29 CFR PART 3)), THE FULL.AMOUNT OF WAGES AND BONA FIDE FRINGE BENEFITS (OR CASH EQUIVALENTS THEREOF) DUE AT TIME OF PAYMENT COMPUTED AT RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETERMINATION OF THE SECRETARY OF LABOR WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; REGARDLESS OF ANY CONTRACTUAL. RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS. CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED FOR BONA FIDE FRINGE BENEFITS UNDER SECTION 1(b)(2) OF THE DAVIS -BACON ACT ON BEHALF OF LABORERS OR MECHANICS ARE CONSIDERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO THE PROVISIONS OF PARAGRAPH (a)(1)(iv) OF 29 C.F.R. § 5.5; ALSO, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD (BUT NOT LESS.OFTEN THAN QUARTERLY) UNDER PLANS, FUNDS, OR PROGRAMS WHICH COVER THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. SUCH LABORERS AND MECHANICS SHALL BE PAID THE APPROPRIATE WAGE RATE AND FRINGE BENEFITS ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED, WITHOUT REGARD TO SKILL, EXCEPT AS PROVIDED LN 29_CFR § 5,5(4)(4). LABORERS OR MECHANICS PERFORMING WORK IN MORE THAN ONE CLASSIFICATION MAY BE COMPENSATED AT THE RATE SPECIFIED FOR EACH CLASSIFICATION FOR THE TIME ACTUALLY WORKED THEREIN: PROVIDED, THAT THE EMPLOYER'S PAYROLL RECORDS ACCURATELY SET FORTH THE TIME SPEV IN EACH CLASSIFICATION IN WHICH WORK IS PERFORMED. THE WAGE DETERMINATION (INCLUDING ANY ADDITIONAL CLASSIFICATION AND WAGE RATES CONFORMED UNDER PARAGRAPH (a)(1)(ii) OF 29 CFR 5.5 AND THE DAVIS -BACON POSTER (WH -1321) SHALL BE POSTED.AT ALL TIMES BY THE CONTRACTOR AND ITS SUBCONTRACTORS AT THE SITE OF THE WORK IN A PROMINENT AND ACCESSIBLE PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS. (b) 1. THE CONTRACTING_ OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS WHICH IS NOT LISTED IN'THE WAGE DETERMINATION AND 'WHICH IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET: Cl n 2 a. THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT PERFORMED BY A CLASSIFICATION IN THE WAGE DETERMINATION; AND b. THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY; AND c. THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES - CONTAINED IN THE THE WAGE DETERMINATION. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFFICER AGREE ON THE CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210. THE ADMINISTRATOR, OR.AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY ADDITIONAL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE.30 4AY PERIOD THAT ADDITIONAL TIME IS NECESSARY.. 3. IN THE EVENT THE CONTRACTOR, THE LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUESTIONS INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOMMENDATION OF THE CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION. THE ADMINISTRATOR., OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30 -DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 4. THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE APPROPRIATE) DETERMINED PURSUANT TO SUBPARAGRAPHS (a)(1)(B) OR (C) OF 29 CFA § 5.5, SHALL BE PAID TO ALL WORKERS PERFORMING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE CLASSIFICATION. (c) WHENEVER THE MINIMUM WAGE RATE PRESCRIBED IN THE CONTRACT FOR A CLASS OF LABORERS OR MECHANICS INCLUDES A FRINGE BENEFIT WHICH IS NOT EXPRESSED AS AN HOURLY RATE, THE CONTRACTOR SHALL EITHER PAY THE BENEFIT AS STATED IN THE WAGE DETERMINATION OR SHALL PAY ANOTHER BONA FIDE FRINGE BENEFIT OR AN.HOURLY CASH EQUIVALENT THEREOF. (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS.TO A TRUSTEE OR OTHER THIRD PERSON, THE CONTRACTOR MAY CONSIDER AS PART OF THE WAGES OF ANY LABORER OR MECHANIC THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BONA FIDE FRINGE BENEFITS UNDER A PLAN OR PROGRAM, PROVIDED, THAT THE SECRETARY OF LABOR HAS FOUND, UPON THE WRITTEN REQUEST OF TRE757TACTOR, THAT THE 3 APPLICABLE STANDARDS OF THE DAVIS -BACON ACT HAVE BEEN MET. THE SECRETARY OF LABOR MAY REQUIRE THE CONTRACTOR TO SET ASIDE IN A SEPARATE ACCOUNT ASSETS FOR THE MEETING OF OBLIGATIONS UNDER THE PLAN OR PROGRAM. (2) WITHHOLDING. DOT SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD FROM THE CONTRACTOR UNDER THIS CONTRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CONTRACTOR, OR ANY OTHER FEDERALLY- ASSISTED CONTRACT SUBJECT TO DAVIS -BACON PREVAILING WAGE REQUIREMENTS, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SO MUCH OF THE ACCRUED PAYMENTS OR ADVANCES AS MAY BE CONSIDERED NECESSARY TO PAY LABORERS AND MECHANICS, INCLUDING APPRENTICES, TRAINEES, AND HELPERS, EMPLOYED BY THE CONTRACTOR OR ANY SUBCONTRACTOR THE FULL AMOUNT OF WAGES REQUIRED BY THE CONTRACT. IN THE EVENT OF FAILURE TO PAY ANY LABORER OR MECHANIC, INCLUDING ANY APPRENTICE, TRAINEE, OR HELPER, EMPLOYED OR WORKING ON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), ALL OR PART OF THE WAGES REQUIRED BY THE CONTRACT, DOT MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS UNTIL SUCH VIOLATIONS HAVE CEASED. (3) PAYROLLS AND BASIC RECORDS. (a) PAYROLLS AND BASIC RECORDS RELATING THERETO SHALL BE MAINTAINED BY THE CONTRACTOR DURING THE COURSE.OF THE WORK AND PRESERVED FOR A PERIOD OF THREE YEARS THEREAFTER FOR ALL LABORERS AMD.MECHANICS WORKING AT THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING -ACT OF 19379 OR UNDER THE HOUSING ACT OF 1949, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), SUCH RECORDS SHALL CONTAIN THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF EACH SUCH WORKER, HIS OR HER CORRECT CLASSIFICATION, HOURLY RATES OF WAGES PAID (INCLUDING. RATES OF CONTRIBUTIONS OR COSTS ANTICIPATED FOR BONA FIDE FRINGE BENEFITS OR CASH EQUIVALENTS THEREOF OF THE TYPES DESCRIBED IN SECTION 1(b)(2)(B) OF THE DAVIS -BACON ACT), DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE AND ACTUAL WAGES PAID. WHENEVER THE SECRETARY OF LABOR HAS FOUND UNDER 29 CFR § 5.5(a)(1)(iv) THAT THE WAGES OF ANY LABORER OR MECHANIC INCLUDE THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM DESCRIBED IN SECTION 1(b)(2)(B) OF THE DAVIS4ACDN ACT, THE CONTRACTOR SHALL MAINTAIN RECORDS WHICH SHOW. THAT THE COMMITMENT TO PROVIDE SUCH BENEFITS IS ENFORCEABLE, THAT THE PLAN OR PROGRAM IS FINANCIALLY RESPONSIBLE, AND THAT THE PLAN OR PROGRAM HAS BEEN CCMMUNICATED IN WRITING TO THE LABORERS OR MECHANICS AFFECTED, AND RECORDS WHICH SHOW THE COSTS ANTICIPATED OR THE ACTUAL COST INCURRED IN PROVIDING SUCH BENEFITS. CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL MAINTAIN WRITTEN EVIDENCE OF THE REGISTRATION OF APPRENTICESHIP PROGRAMS AND CERTIFICATION OF TRAINEE PROGRAMS, THE REGISTRATION OF THE APPRENTICES AND TRAINEES, AND THE RATIOS AND ''WAGE RATES PRESCRIBED IN THE APPLICABLE PROGRAMS. (b) 1. THE CONTRACTOR SHALL SUBMIT WEEKLY FOR EACH WEEK IN WHICH ANY CONTRACT WORK IS PERFORMED A COPY OF ALL PAYROLLS TO DOT IF DOT IS A PARTY TO THE CONTRACT, BUT IF DOT IS NOT SUCH A PARTY, THE CONTRACTOR WILL SUBMIT THE PAYROLLS TO THE APPLICANT, SPONSOR, OR OWNER, AS THE CASE MAY BE, FOR TRANSMISSION TO DOT. THE PAYROLLS SUBMITTED SHALL SET OUT ACCURATELY AND COMPLETELY ALL OF THE.INFORMATION REQUIRED TO BE MAINTAINED UNDER § 5.5(a)(3)(i) OF REGULATIONS, 29 CFR PART 5. THIS INFORMATION MAY BE SUBMITTED IN ANY FORM DESIRED. OPTIONAL FORM WH -341 IS AVAILABLE FOR THIS PURPOSE AND MAY BE PURCHASED FROM THE SUPERINTENDENT OF DOCUMENTS (FEDERAL STOCK NUMBER 029- 005- 00014 -1), U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON; D.C. 20402. THE PRIME CONTRACTOR IS RESPONSIBLE FOR THE SUBMISSION OF COPIES OF PAYROLLS BY ALL SUBCONTRACTORS. 2. EACH PAYROLL SUBMITTED SHALL BE ACCOMPANIED BY A "STATEMENT OF COMPLIANCE;" SIGNED BY THE CONTRACTOR OR SUBCONTRACTOR OR HIS OR HER AGENT WHO PAYS OR SUPERVISES THE PAYMENT OF THE PERSONS EMPLOYED UNDER THE CONTRACT AND SHALL CERTIFY THE FOLLOWING: a. THAT THE PAYROLL FOR THE PAYROLL PERIOD CONTAINS THE INFORMATION REQUIRED, TO BE MAINTAINED UNDER § .5,.5(a)(3)(i) OF REGULATIONS, 29 CFR PART 5 AND THAT SUCH INFORMATION IS CORRECT AND COMPLETE; b. THAT EACH LABORER OR MECHANIC (INCLUDING EACH HELPER, APPRENTICE, AND TRAINEE) EMPLOYED ON THE CONTRACT DURING THE PAYROLL PERIOD HAS BEEN PAID THE FULL WEEKLY WAGES EARNED, WITHOUT REBATE, EITHER DIRECTLY OR INDIRECTLY, AND THAT NO DEDUCTIONS HAVE BEEN MADE EITHER DIRECTLY OR. INDIRECTLY FROM THE FULL WAGES EARNED, OTHER THAN PERMISSIBLE DEDUCTIONS AS SET FORTH IN REGULATIONS, 29 CFR PART 3.; c. THAT EACH LABORER OR MECHANIC HAS BEEN PAID NOT LESS THAN THE APPLICABLE WAGE RATES AND FRINGE BENEFITS OR CASH EQUIVALENTS FOR THE CLASSIFICATION OF WORK PERFORMED, AS SPECIFIED IN THE APPLICABLE WAGE DETERMINATION INCORPORATED INTO THE CONTRACT. 3. THE WEEKLY SUBMISSION OF A PROPERLY EXECUTED CERTIFICATION SET FORTH ON THE REVERSE SIDE OF OPTIONAL FORM WH -347 SHALL SATISFY THE REQUIREMENT FOR SUBMISSION OF THE "STATEMENT OF COMPLIANCE" REQUIRED BY PARAGRAPH (a)(3)(ii)(B) OF 29 CFR § 5.5. 4. THE FALSIFICATION OF ANY OF THE ABOVE CERTIFICATIONS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION UNDER SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. C C (c) THE CONTRACTOR OR SUBCONTRACTOR SHALL MAKE THE RECORDS REQUIRED UNDER PARAGRAPH (a)(3)(i) of 29 CFR § 5.5 AVAILABLE FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF DOT OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. IF THE CONTRACTOR OR SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED RECORDS OR TO MAKE THEM AVAILABLE., THE FEDERAL AGENCY MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT', OR.OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS. FURTHERMORE, FAILURE_TO SUBMIT THE REQUIRED RECORDS UPON REQUEST OR TO MAKE SUCH RECORDS AVAILABLE MAY BE GROUNDS FOR DEBARMENT ACTION PURSUANT TO 29 CFR § 5.12. (4) APPRENTICES AND TRAINEES -- APPRENTICES. (a.) APPRENTICES WILL BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK THEY PERFORMED WHEN THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A BONA FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING, OR WITH A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS OR HER FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN APPRENTICE. THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN ON THE JOB SITE IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO THE ENTIRE WORK FORCE UNDER THE REGISTERED PROGRAM. ANY WORKER LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED OR OTHERWISE EMPLOYED AS STATED ABOVE, SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY.APPRENTICE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. WHERE A CONTRACTOR IS PERFORMING CONSTRUCTION ON A PROJECT IN A LOCALITY OTHER THAN THAT IN WHICH ITS PROGRAM IS REGISTERED, THE RATIOS AND WAGE.RATES (EXPRESSED IN PERCENTAGES OF THE JOURNEYMAN'S HOURLY RATE) SPECIFIED IN THE CONTRACTOR'S OR SUBCONTRACTOR'S REGISTERED PROGRAM SHALL BE OBSERVED. EVERY APPRENTICE MUST BE PAID AT NOT LESS THAN THE.RATE SPECIFIED IN THE REGISTERED PROGRAM FOR THE APPRENTICE'S LEVEL OF PROGRE -SS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN'S HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. APPRENTICES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE APPRENTICESHIP PROGRAM. IF THE APPRENTICESHIP PROGRAM DOES NOT SPECIFY FRINGE BENEFITS, APPRENTICES MUST BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION FOR THE APPLICABLE CLASSIFICATION. IF THE ADMINISTRATOR DETERMINES THAT A DIFFERENT PRACTICE PREVAILS FOR THE APPLICABLE APPRENTICE CLASSIFICATON, FRINGE BENEFITS SHALL BE PAID IN ACCORDANCE WITH THAT DETERMINATION. IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINING, OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, WITHDRAWS APPROVAL OF AN APPRENTICESHIP PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE APPRENTICES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. 6 (b) TRAINEES. EXCEPT AS PROVIDED IN 29 CFR § 5.16, TRAINEES WILL NOT BE PERMITTED T K AT LESS THAN THE PREDETERMINED RATE FOR.THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A PROGRAM WHICH HAS RECEIVED PRIOR APPROVAL, EVIDENCED BY FORMAL CERTIFICATION BY THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION. THE RATIO OF TRAINEES TO JOURNEYMEN ON THE JOB SITE SHALL NOT BE GREATER THAN PERMITTED UNDER THE PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION. EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED PROGRAM FOR THE TRAINEE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN'S HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. TRALNEES SHALL BE.PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE TRAINEE PROGRAM. IF THE TRAINEE PROGRAM DOES NOT MENTION FRINGE BENEFITS, TRALNEES SHALL BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION UNLESS THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION DETERMINES THAT THERE IS AN APPRENTICESHIP PROGRAM ASSOCIATED WITH THE CORRESPONDING JOURNEYMAN'S WAGE RATE ON THE WAGE DETERMINATION WHICH PROVIDES FOR LESS THAN FULL FRINGE BENEFITS FOR APPRENTICES. ANY EMPLOYEE LISTED ON THE PAYROLL AT. A TRANINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY TRAINEE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. IN THE EVENT THE EMPLOYMENT AND TRAINING ADMINISTRATION WITHDRAWS APPROVAL OF A TRAINING PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED.UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (e) EQUAL EMPLOYMENT_OPPORTUNITY. THE UTILIZATION OF APPRENTICES, TRAINEES AND JOURNEYMEN UNDER THIS PART SH LL BE IN CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER 11246, AS AMENDED, AND 29 CFR PART 30. (5) COMPLIANCE WITH COPELAND ACT REQUIREMENTS. THE CONTRACTOR SHALL COMPLY WITH THE REQU -PART-3,—gRM ARE INCORPORATED BY REFERENCE. (6) CONTRACT TERMINATION: DEBARMENT. A BREACH OF THE CONTRACT CLAUSES IN 29 CFR § 5.5. MAY BE GROUNDS F R TERMINATION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PROVIDED IN 29 CFR § 5..12. 7 (7) COMPLIANCE WITH DAVIS- BACON AND RELATED ACT REQUIREMENTS. ALL RULINGS_ AN INTERPRETATIONS - R L NTAINED IN 29 CFR PARTS 1, 39 AND 5 ARE HEREIN INCORPORATED BY REFERENCE. (8) DISPUTES CONCERNING LABOR STANDARDS. DISPUTES ARISING OUT OF THE LABOR-STANDARD LABOR-STANDARDS PROVISIONS N HALL NOT BE SUBJECT TO THE GENERAL DISPUTES CLAUSE OF THIS CONTRACT. SUCH DISPUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF LABOR SET FORTH IN 29 CPR PARTS 5, 6, and 7: DISPUTES WITHIN THE MEANING OF THIS CLAUSE INCLUDE DISPUTES BETWEEN THE CONTRACTOR (OR ANY OF ITS SUBCONTRACTORS) AND THE CONTRACTING AGENCY, THE U.S. DEPARTMENT OF LABOR, OR THE EMPLOYEES OR THEIR REPRESENTATIVES. (9)(a) CERTIFICATION OF ELIGIBILITY. BY ENTERING INTO .THIS CONTRACT, THE CONTRACTO I H NEI R I (NOR HE OR SHE) NOR ANY PERSON OR FIRM WHO HAS AN INTEREST IN THE CONTRACTOR'S FIRM IS A PERSON OR FIRM INELIGIBLE TO BE AWARDED GOVERNMENT CONTRACTS BY VIRTUE OF SECTION 3(a) OF THE DAVISAACON ACT OR 29 CFR � 5.12(a)(1). (b) NO PART OF THIS CONTRACT SHALL BE SUBCONTRACTED TO ANY PERSON OR FIRM INELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT-BY VIRTUE OF SECTION 3(a) OF THE DAVIS -BACON ACT OR 29 CFR § 5.12(a)(1). (c) THE PENALTY FOR MAKING FALSE STATEMENTS IS PRESCRIBED IN THE U.S. CRIMINAL CODE, 18 U.S.C..§ 1001. (10) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE C NTR CT W RK WHICH MAY REQUIRE OR .INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORKWEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF EIGHT HOURS IN ANY CALENDAR DAY OR IN EXCESS OF FORTY HOURS IN SUCH WORKWEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSATION AT A RATE NOT LESS THAN ONE AND ONE -HALF TIMES THE BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS IN.ANY CALENDAR DAY OR IN EXCESS OF FORTY HOURS IN SUCH WORKWEEK, WHICHEVER IS GREATER. (11) VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. IN THE EVENT OF ANY VIOLATION OF THE CLAUSE SET FORTH IN SUBPAR GR PH (b)(1) 29 CFR § 5.59 THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THEREFOR SHALL BE LIABLE FOR THE UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO THE UNITED STATES (IN THE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY), FOR LIQUIDATED DAMAGES. SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC; INCLUDING WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(1) OF 29 CFR .§ 5..5 IN THE SUM OF 310 FOR EACH CALENDAR DAY OR WHICH SUCH INDIVIDUAL WAS REQUIRED OR PERMITTED TO WORK IN EXCESS OF EIGHT HOURS OR IN EXCESS OF THE STANDARD WORKWEEK OF FORTY HOURS WITHOUT PAYMENT OF THE OVERTIE WAGES REQUIRED BY THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(1) OF 29 CFR § 5.5. i (12.) WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. DOT OR THE RECIPIENT SHALL UPON ITS UWN AUliUN OR UPON WRITTEN REQUEST-7 AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON ACCOUNT OF WORK PERFORMED BY THE CONTRACTOR, OR SUBCONTRACTOR UNDER ANY SUCH CONTRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CONTRACTOR, OR ANY OTHER FEDERALLY- ASSISTED CONTRACT SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH IN SUBPARAGRAPH (b)(2) OF 29 CFR § 5.5. (13) NONCONSTP.UCTION CONTRACTS. IN ADDITION TO THE CLAUSES CONTAINED IN 29 CFR § 5.T CST or paragraphs 10 THROUGH (14) HEREIN, IN ANY CONTRACT SUBJECT ONLY TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STATUTES CITED IN 29 CFR § 5.19 THE RECIPIENT SHALL INSERT A CLAUSE REQUIRING THAT THE CONTRACTOR OR SUBCONTRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THEREE YEARS FROM THE COMPLETION OF THE CONTRACT FOR ALL LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORKING ON THE CONTRACT. SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH EMPLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID. FURTHER, THE RECIPIENT SHALL REQUIRE THE CONTRACTING OFFICER TO INSERT IN ANY SUCH CONTRACT A CLAUSE PROVIDING THAT THE RECORDS TO BE MAINTAINED UNDER THIS PARAGRAPH SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUBCONTRACTOR FOR INSPECTION, COPYING,, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF DOT AND THE DEPARTTENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH RESPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS.ON THE JOB. (14) SUBC.DNTRACTS. THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT I.N ANY SUBCONTRACTS S SET FORTH IN SUBPARAGRAPH (1) THROUGH (14) OF THIS PARAGRAPH AND ALSO A CLAUSE REQUIRNG THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE CLAUSES SET FORTH IN SUBPARAGRAPHS (1) THROUGH (14) OF THIS PARAGRAPH. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S.C. § 1602 (SECTION 3) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ( "Government") and the Grantee named in the Notification of Grant Approval. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Pur ose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transportation capital improvement project ( "Project ") with Government financial assistance to the Grantee in the form of a capital grant ( "Grant°), under section 3 of the Urban Mass Transportation Act of 1964, as amended, ( "Act°), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project . facilities /equipment will be used. Sec. 2. The Pro ec�t - The Grantee agrees to undertake and complete the Project, and to provide for the.use of the Project facilities /equipment, substantially as described in its Application, incorporated.herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Description" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. Federal Assistance - a. In order to assist the Grantee.in financing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities /equipment are to be used ( "Net Project Cost ".), such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to either (1) the maximum amount permitted by Federal law and regulations, or (2) the Maximum Federal Share as set forth in the Notification of Grant Approval, or (3) the Maximum Percentage of Federal Participation as set forth in the _ Notification of Grant Approval, whichever amount is the least. Page 1 Form UMTA F 2000 Rev. 4/1/83 b. For purposes of this Agreement, "Net Project Cost" must be in conformance with the requirements of Office of Management and Budget Circular (OMB Circular) A -87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments, ".and with any guidelines or regulations issued by the Government. c. The obligation of the Government to make Federal Grant payments shall not exceed the amount provided in the Project Budget. Sec. 4. Local.-Share - The Grantee agrees that it will provide from sources other than a e era funds (except as may otherwise be authorized by Federal statute), (b) receipts from the use of the Project facilities /equipment, except as may be authorized by the Government, or (c) revenues of the public transportation system in which such facilities /equipment are used, funds in an amount sufficient, together with the Grant, to` assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 5. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project un er the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference. The Grant is subject to the conditions stated in the Department of Labor letter. - Sec. 6. Procurement of.Rollimg Stock.and Buses - In accordance with any guidelines issued by the Government, tne Grantee shall make third party contract awards for the acquisition of rolling stock, including buses, only after evaluation of performance, standardization, life -cycle costs, and other factors the Government may deem relevant, in addition to the consideration of initial capital costs. The Grantee shall also submit a certification to the Government following the award of any contract for rolling stock, that these factors have been evaluated in accordance with the Act. Where necessary, the Government will assist the Grantee in making such evaluations. This requirement applies, except as provided below: In the case of grant agreements approved on or after January 6, 1983, in lieu of requiring that contracts for the acquisition of rolling stock be awarded on the basis of evaluation or consideration of.performance, standardization, life -cycle costs and other factors, or on the basis of lowest initial capital cost, such contracts may be awarded based on a competitive procurement process. Such competitive procurement process must be consistent with the provisions of Part II, Section 110.d. Page 2 Sec. 7. The Grant_- This Grant consists of the Notification of Grant Approval; this art T, dorm UMTA F 2000, Rev. 4/1/83, entitled Grant; and Part II, UMTA F 5G, Rev. 4/1183, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the Grant award letter.include special conditions for this Project, that letter is incorporated herein by reference and made part of this Grant. The latest approved Project Budget is incorporated herein by reference and made part of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which reallocations do not increase the total amount of the Federal Grant shall be made in accordance with all UMTA circulars and regulations. Amendments of any type that pertain to financial matters shall require the issuance of a new Project Budget. Sec. 8. Execution of Grant - This Grant may be simultaneously executed in several counterparts, eacn or which counterparts shall be deemed to be an original having identical legal effect. When the Notification of Grant Approval is signed by the Government, this Grant should be executed by the Grantee within ninety (90) days after the Obligation Date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above ninety -day period. The effective date of the Grant shall be the Obligation Date. The effective date of any Amendment shall be the Obligation Date for that Amendment. The Grantee does hereby ratify and adopt all statements, representations, warranties, covenants,_and materials submitted by it, and does hereby accept the Government's award of financial assistance and agrees to all of the terms and conditions of this Grant. Exec4P4 this 18th day of December _ 19 84 ATTEST: City Clerk: •. -.. BY: Page 3 Certificate of Grantee's Attorney I, Roger acting as Attorney for the Grantee do hereby certi y t at have examined this Grant and have ascertained that execution of the Grant was authorized on the date of December A 1984 A copy of this authorization is attached or has previous y een su muted to UMTA. The execution of this Grant and the proceedings taken by the Grantee are in all respects due and proper and in accordance with applicable State and local law. I further certify that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof and certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Grant. Dated this 18th day OfDecembe City Attorney, City of San Luis Obispo TITLE AND ORGANIZATION Page 4 C Form UMTA F 5G Rev. 4/1/83 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION WASHINGTON, D.C. 20590 f;) URBAN MASS TRANSPORTATION AGREEMENT PART II TERMS AND CONDITIONS for Projects under section 3, 4(i), 5, 6, 8, 9, 9A, and 20 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1601 et seq.; for Mass Transportation Projects under the Federal -Aid Highway Act of 1973, . as amended, title 23 U.S.C. (Highways); or for section 175 of the Clean Air Act Amendments of 1977, 42 U.S.C. § 7505. TABLE OF CONTENTS Section 101. Definitions..._ ......... ..............................1 Section 102. Accomplishment of the Project ........................2 a. General Requirements ............................2 b. Pursuant to Federal, State and Local Law ........ 2 c. Funds of the Recipient ..........................2 d. Submission of Proceedings, Contracts, and Other. Documents ........ ..............................2 e. Changed Conditions Affecting Performance ........ 3 f. No Government Obligations to Third Parties ...... 3 g. Land Acquisition Policy .. .........................3 Section .103. The Project Budget...... .... ..........................3 Section 104. Accounting Records ..... ..............................3 a. Project Accounts .. ..............................3 b. Funds Received or Made Available for the........ Project c. .......... ..............................3 Allowable Costs ............ . .....................3 d. Documentation of Project Costs ..................4 e. Checks, Orders and Vouchers .....................4 f. Audit and Inspection Section 105. .............................4 Requisitions and Payments... .......... o .............. 5 a. Request for Payment by the Recipient ......... ...5 b. Payment by the Government .......................5 c. Disallowed Costs .. ..............................6 d. Prohibition Against Use of Federal Funds for.... Lobbying......... . ..............................6 e. Letter of Credit .. ..............................6 f. Interest on Late Payments .......................1 g. Deobligation of Funds .... .........................7 Section 106. Right of Government to Terminate .....................7 Section 107. Project Completion, Settlement and Close-Out ......... 7 Section 108. Use of Project Facilities /Equipment ..................8 Section 109. Encumbranc€ of Project Property ......................9 Section 110. Restrictions, Prohibitions, Controls, and Labor...... Provisions ............ ..............................9 a. Equal Employment Opportunity ....................9 b. Small, Minority and Women's Business.......... Enterprise....... .. .............................10 c. Title VI - Civil Rights Act of 1964............11 d. Competition in Procurement .....................11 e. Force Account ..... .............................12 f. Settlement of Third Party Contract Disputes..... or Breaches........ ... ..........................12 g. Ethics .............. .............................12 h. Interest of Members of or Delegates to......... Congress.. Section 111. Construction ................................. Contracts . .............................13 a. Nondiscrimination . .............................13 b. Specifications .... .............................15 c. Notice ............ .............................20 d. Labor Provisions .. .............................22 e. Contract Security . .............................27 TABLE OF CONTENTS Section 101. Definitions ............ ..............................1 Section 102. Accomplishment of the Project .........................2 a. General Requirements ............................2 b. Pursuant to Federal, State c. Funds of the Recipient ..........................2 d. Submission of Proceedings, Contracts, and Other. Documents ......... ..............................2 e. Changed Conditions Affecting Performance ........ 3 f. No Government Obligations to Third Parties ...... 3 g. Land Acquisition Policy .........................3 Section 103. The Project Budget...... . :............................3 Section 104. Accounting Records :.... ..............................3 a. Project Accounts.. . ..............................3 b. Funds Received or Made Available for the........ Project .......... .........:....................3 c. Allowable Costs ... ..............................3 d. Documentation of Project Costs ................... 4 e. Checks, Orders and Vouchers...... ................4 f. Audit and Inspection ............................4 Section 105.. Requisitions and Payments ............................5 a. Request for Payment by the Recipient..... ...... .5 b. Payment by the Government .......................5 C. Disallowed Costs... . ..............................6 d. Prohibition Against Use of Federal Funds for.... Lobbying,..... .... ..............................6 e. Letter of Credit .. ..............................6 f. Interest on Late Payments .......................7 g. Deobligation of Funds ...........................7 Section 106. Right of Government to Terminate .....................7 Section 107. Project Completion; Settlement and Close-Out ......... 7 Section 108. Use of Project Facilities . /Equipment ..................8 Section 109. Encumbrance' of Project Property .... ...................9 Section 110. Restrictions, Prohibitions, Controls, and Labor.:.... Provisions ............. ..............................9 a. Equal Employment Opportunity .................... 9 b. Small, Minority and Women's Business........... Enterprise ........ ............:................10 c. Title VI — Civil Rights Act of 1964............11 d. Competition in Procurement ......................11 e. Force Account ..... .............................12 f. Settlement of Third Party Contract Disputes..... or Breaches ....... .............................12 g. Ethics ............ .............................12 h. Interest of Members of or Delegates to......... Congress ......... .............................13 Section 111. Construction Contracts . .............................13 a. Nondiscrimination.. ....... ......................13 b. Specifications .... ...............:.............15 c. Notice_ ............ .....................:.......20 d. Labor Provisions... ...... ........................ 22 e. Contract Security . .............................27 f. Insurance During Construction. ............. . .... 27 g. Signs... ........ e ............ 0 ................. 27 h. Safety Standards . .............................27 i. Liquidated Damages ............................27 Section 112. Environmental, Resource, and Energy Protection and... Conservation Requirements ..........................28 a. Compliance with Environmental Standards ....... 28 b. Air Pollution .... .............................28 c. Use of Public Lands ............. ....... ..28 d. Historic Preservation ............. .............28 e. Energy Conservation ...........................29 Section 113. Patent Rights ........... .............................29 Section 114. Rights in Data............ ...... .......................29 Section 115. Cargo Preference - Use of United States - Flag......... Vessels ............... .............................30 Section 116. Buy America .............. .............................31 Section 117. Charter and School Bus Operations ....................32 a. Charter Bus........ ...... .......................32 b. School Bus............ .............. ...............32 Section 118. Nondiscrimination on the Basis of Handicap ........... 32 Section 119. Flood Hazards.... ......... ....:........................32 Section 120. Privacy ................. .............................32 Section 121. Miscellaneous ........................................ 34 a. Bonus or Commission ...........................34 b. State and Territorial Law .....................34 c. Records .......... .............................34 d. Severability ..................................... 34 ii DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION AGREEMENT PART II - TERMS AND.CONDITIONS Constituting part of the AGREEMENT providing for Federal financial assistance under the provisions of the Urban Mass Transportation Act of 19645.as amended, and /or the Federal -Aid Highway Act of 1973, and /or the Clean Air Act Amendments of 1977. Section 101. Definitions. As used in this Agreement: a. Agreement means any Grant Agreement or Cooperative Agreement. b. Application means the signed and dated proposal as may be amended for Federal inancial assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with the Government (UMTA) by or on behalf of the Recipient, which has been accepted and approved by the Government (UMTA). C. Approval., Authorization, Concurrence, Waiver means a conscious, written act by an authorized of icia " o t e Government granting permission to the Recipient to perform or omit an act pursuant to this Agreement which could not be.performed or omitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or omission of a specific act shall not constitute permission to perform or omit similar acts unless such broad permission i.s clearly stated. Oral permission or interpretations shall have no legal force or. effect. d. External Operating Manual means the most recent UMTA manual of that title, whit presents in orma ion a out the UMTA programs, application processing procedures, and guidance for administering approved projects; there are also other UMTA and DOT directives applicable to the Project. e. Government means the United States of America, or its cognizant agency, the Department of Transportation (DOT) or its operating administration, the Urban Mass Transportation Administration (UMTA), used hereafter interchangeably. f. Mass Transportation includes public transportation and means transpor a ion by bus, rail or other conveyance, either publicly or privately owned,. which provides to the public general or special transportation service (but not.including school buses, charter or sightseeing service) to the public on a regular and continuing basis. g. Project means the task on set of tasks provided for in the Project Budget whic�ecipient undertakes to perform pursuant to the Agreement with the Government. In the case of Federal financial assistance under Section 9 or 9A Page 1 V of the Urban Mass Transportation Act of 1964, as amended, "Project" includes "Program" and "each Project within the Program" as may be appropriate. h. Project Budget means the most recently dated statement, approved by the Gove-rn-me-n-f-,of the estimated total cost of the Project, the items to be deducted from such total in order to calculate the estimated net project cost, the maximum amount of the Federal assistance for which the Recipient is currently eligible, the specific items (including contingencies and relocation) for which the total may be spent, and the estimated cost of each of such items. i. Recipient__ means any entity that receives Federal financial assistance from UMTA o� � e accomplishment of the Project. The term "Recipient" includes "Grantee" and any entity to which Federal funds have been passed through for the accomplishment of the Project . i, Secretary means Secretary of the Department of Transportation or his duly th auors z cTesi gnee. Section 102. Accomplishment- of the Project. a. General Requirements. The Recipient shall commence, carry on, and comp� lete the roject all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws and regulations. b. Pursuant to Federal, State, and Local.Law. In performance of its obligations pursuant to this Agreement, t e ecipient and its contractors shall comply with all applicable provisions of Federal, State, and local -l.aw. Ali limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements. If there i.s a conflict between Federal and State requirements, the Recipient shall inform the Government in order that an appropriate resolution may be arranged. The Recipient agrees further that no Federal funds may be used for the payment of ordinary governmental or nonproject operating expenses. c. Funds of the Reci Tent. The Recipient shall initiate and prosecute to compTiMon-75-11 proceedings necessary to enable the Recipient to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. d. Submission of Proceedings, Contracts and Other Documents. The Recipient shat su mit to the Government Such data, reports, records, contracts, and other documents relating to the Project as the Government may require. The Recipient shall retain intact, for three years following Project close -out, all Project documents, financial records, and supporting documents. Page 2 1 e. Changed Conditions Affecting Performance. The Recipient shall immediately notify UMTA of any change in conditions or local law, or of any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. f. No Government O__b__li__ ac�tions to Third Parties. The. Government shall not be subject to any obligations or is i hies y contractors of the Recipient or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project without its express, written consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. g. Land Acquisition Policy. Any acquisition of land for use in connection with the Project must con orm to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable circulars. Section 103. The Project Budget. A Project Budget shall be prepared and maintained by the Recipient. Me Recipient shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. The Project Budget may be revised, from time to time, in accordance with Federal guidelines. Section 104. Accounting Records. a. Project Accounts. The Recipient shall establish and maintain as a separa a set of accounts, or within the framework of an established accounting system, accounts for the Project in the manner consistent with Office of Management and Budget (OMB) Circular A -102, as' amended, or OMB Circular A -110, as may be appropriate. b. Funds Received or Made Available for the Project. In accordance with the provisions of ircu ar = -, as amended, or UM13 Circular A -110, as may be appropriate, the Recipient shall record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation (FDIC), all Project payments received by it from the Government pursuant to this Agreement and all other funds provided for, accruing to; or otherwise received on account of the Project, ( "Project Funds "). Any balances exceeding the FDIC coverage must be collaterally secured as provided in 12 U.S.C. § 265 and implementing regulations or in applicable Federal procedures. A separate bank account may be required when drawdowns are made by letter of credit. c. Allowable Costs. Expenditures made by the.Recipient shall be reimbursable as allowable cos s to the extent that they meet all of the requirements set forth below. They must: (1) Be made in conformance with the Project Description and the Project Budget and all other provisions of this Agreement; (2) Be necessary in order to accomplish the Project; Page 3 i 1,10 (3) Be reasonable in amount for the goods or services purchased; (4) Be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding Program Income as defined in .OMB Circular A -102 or A -110). (5) Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from the Government (UMTA) to the contrary is received; (6) Be in conformance with the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A -87, Revised, and with any guidelines or regulations issued by UMTA; in the case of Projects with educational institutions, the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A -21, Revised, rather than the standards of OMB Circular A -87, Revised, shall apply; and in the case of nonprofit organizations, the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A -122, rather than the standards of OMB Circular A -87, Revised, shall apply. (7) Be satisfactorily documented; and (8) Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Government for the Recipient; and those approved or prescribed by the Recipient for its contractors. d. Documentation of Project_Costs. All costs charged to the Project, including any approve services contributed by the Recipient or others, shall be, supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. e. Checks, Orders,.and Vouchers. Any check or order drawn by the Recipient with respect to any item that is or will be chargeable against the Project Account-will be drawn only in accordance with a properly signed voucher then on file in the office of the Recipient stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. f. Audit and Inspection. The Recipient shall permit the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data.and records with regard to the Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. In the case of contracts awarded under other than competitive bidding procedures as defined by the Secretary, the Recipient shall require those contractors to permit the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives to inspect all work, materials, Page 4 n payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts pertaining to such contracts with regard to the Project. A Recipient that is a State or local government or Indian tribal government shall be responsible for meeting the audit requirements of OMB Circular A -102, Attachment P. or any revision or supplement thereto. Pursuant to Departmental criteria, the.Government (UMTA) may waive the Attachment P audit requirement or substitute a requirement for a grant audit performed in accordance with the Comptroller General's standards. Section 105. Requisitions and Payments a. Requests for Payment by the Reci ent. The Recipient may make requests for payment o7--tFe-Federal share of allowable costs, and the Government (UMTA) will honor such requests in the.manner set forth in this section. Payments made to Recipients must comply with 31 C.F.R. Part 205. In order to receive Federal assistance payments, the Recipient must: (1) Completely execute and submit to the Government (UMTA) the information required by Standard Form 270 (2) Submit to the Government (UMTA) an explanation of the purposes for which casts have been incurred to date or are reasonably expected to be incurred within the requisition period (not more than 30 days after the date of submission); (3) Demonstrate or certify that it has supplied local funds adequate, when combined with the Federal payments, to cover all costs to be incurred to the end of the requisition period; (4) Have submitted to the Government.(UMTA) all financial and progress reports required to date under this Agreement.; and (5) Identify the source(s) of financial assistance provided under this Project from which the payment is to be derived. b. Payment by the Government. Upon receipt of the requisition and the accompanying in ormatign in satisfactory form, the Government will process the requisition if the Recipient is complying with its obligations pursuant to the Agreement, has satisfied the Government of its need for the Federal funds requested during the requisition period, and is making adequate progress towards the timely completion of the Project. If all of these circumstances are found to exist, the Government may reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the Recipi. ant up to the maximum amount of Federal assistance payable through the fiscal year in Page 5 which the requisition is submitted as stated in the Project Budget. However, reimbursement of any cost pursuant to this section shall not constitute a final determination by the Government of the allowability of such cost and shall not constitute a waiver of any violation of the terms of this Agreement commi-:ted by the Recipient. The Government will make a final determination as to allowability only after final audit of the Project has been conducted. In the event that the Government determines that the Recipient is not currently eligible to receive any or all of the Federal funds requested, it shall promptly notify the Recipient staging the reasons for such determination. Unless prohibited by applicable law, the Government reserves the right to offset any Federal assistance funds to be made available under this Project as may be necessary to satisfy any monetary claims that the Government may have outstanding against the Recipient. c. Disallowed Costs. In determining the amount of the Federal assistance that the Federal overnment will provide, the Government will exclude all Project costs incurred by the Recipient prior to the date of this Agreement., or prior to the date of the approved budget for the Project, whichever is earlier, unless an authorized representative of the Government advises in writing to the contrary; any costs incurred by the Recipient which are not provided for in the latest approved budget for the Project; and any costs attributable to goods or services, received under a contract or other arrangeme:it which has not been concurred in or approved in writing by the Government (UMTA). Exceptions to the above statement on disallowed costs are contained in the External Operating Manual or in other. written Federal (UMTA) guidance. d. Prohitition Against Use of Federal Funds for Lobbyin . The Recipient or any sub.- ecipicnt s a not use a eral assistance fLii s for publicity or propaganda purposes designed to support or defeat legislation pending before. Congress. e. Letter of Credit. Should a letter of credit be issued to the Recipient, the following-terms - and conditions, in conformance with 31 C.F.R. Part 205, are applicable: (1) The Recipient shall initiate cash drawdowns only when actually needed for Project disbursements. (2) The Recipient shall report its cash disbursements and balances in a_ timely manner as required by the Government. (3) The Recipient shall provide for effective control and accountability for all Project funds in accordance with any requirements and procedures issued by the Government for use of the letter of credit. (4) The Recipient shall impose on its subrecipients all the requirements of Section i05.e..(l), (2), and (3) of this Part II as applicable. Page 6 (5) Should the Recipient fail to adhere to 105.e.(1), (2), (3), or (4) of this Part II, the unobligated portion of the letter of credit. the requirements of Section Government may revoke the (6) Section 105.a., b., and c. of this Part II remain effective to the extent that they do not conflict with the provisions of section 105.e. f. Interest. The following requirements apply to the Recipient: 0-7 4n interest earned on Federal funds by the Recipient must be identified and remitted to the Government, except as provided by section 203 of the Intergovernmental Cooperation Act of 1968, 42 U.S.C. § 4213. (2) Upon notice by the Government to the Recipient of specific amounts due the Government, the Recipient shall promptly remit any excess payment of amounts or disallowed costs to the Government (UMTA). Interest may be assessed from the time of notice and charged for any amounts due to the Government that are not paid as set_ forth in the Treasury Fiscal Requirements Manual. g. Deobli ation.of Funds. The. Government reserves the right to deobligate unspent Feaeral funs prior to project closeout. Section 106. Right-of Government to Terminate. Upon written notice to the Recipient, the Government reserves the right to suspend or terminate all or part of the financial assistance provided herein if the Recipient is, or has been, in violation of the terms of this Agreement, or if the Government determines that the purposes of the Act would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial performance of the Project within a reasonable time shall be deemed to be.a breach of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by the Government (UMTA) prior to the date of termination, to the extent those obligations are noncancellable. The acceptance of a remittance by the Government of any.or all Project funds previously received by the Recipient or the closing out of Federal financial Participation in the Project shall not constitute a waiver of any claim which the Government may otherwise have arising out of this Agreement. Section 107. Project Completion, Settlement, and Close -out. Upon successful completion of the Project or upon termination by t e overnment, the Recipient shall, within 90 days-of the completion_ date of the Project, submit a final Financial Status Report (Standard Form 269), a certificat ion or summary of Project expenses, and third party audit reports, when applicable. Any Recipient covered by OMB Circular A -102 shall undertake the necessary audits a.s required by OMB Circular A -102, Attachment P. With respect to any Recipient not covered by OMB Circular A -102, upon receipt of this information, the Government (UMTA) or an agency designated by the Government (UMTA) will perform a final audit of the Project to determine the allowability of costs incurred, and will make settlement of the Federal grant described in Part I of Page 7 this Agreement. If UMTA has made payments to the Recipient in excess of the total amount of such Federal assistance, the Recipient shall promptly remit to the Government (UMTA) such excess and interest as may be required by section 105.e. and f. Project close -out occurs when the Government notifies the Recipient and forwards the final grant payment or when an appropriate refund of Federal grant funds has been received from the Recipient and acknowledged by the Government. Close -out shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgment from the Government. Section 108. Use of Project Facilities /E ui ment - The following conditions are applicable to capi ta I faci I i ti es and equipment financed under this Agreement: a. The Recipient agrees to observe the property management standards as set forth in OMB Circular A -102, Attachment N, or OMB Circular A -110, Attachment N, as appropriate, as now or hereafter amended, and any guidelines or regulations that the Government may issue. Exceptions to the requirements of Attachment N must be specifically approved by the Government. The Government reserves the right to require the Recipient to transfer title to any personal property financed with Federal assistance funds made available under this Agreement in accordance with Attachment N to OMB Circular A -102 or A -110, as may be appropriate. The Government also reserves the right to direct the disposition of real or personal property financed with Federal assistance funds made available.under this Agreement in accordance with Attachment N to OMB Circular A -102 or A -110, as may be appropriate. b. The Recipient agrees to maintain the project property in good operating order, and in accordance with any guidelines, directives, or regulations which UMTA may issue. If, during the period, any Project-facilities/equipment are not used in mass transportation service, whether by planned withdrawal, misuse or casualty loss, the Recipient shall immediately notify the Government. Unless otherwise approved by the Government, the Recipient shall remit to the Government a proportional amount of the fair market value, if any, of the property, which value shall be determined on the basis of the ratio of the Federal Assistance awarded by the Government to the actual cost of the Project. Unless otherwise required by the Government, the following guidelines shall be observed in determining fair market value: In the case of planned withdrawal, fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or the net proceeds from public sale. Unless otherwise approved by the Government, in the event of loss due to casualty or fire, for property that is insured, the damages paid by the insurance carrier or payable from the self - insured reserve account shall be considered fair market value. Unless otherwise required by the Government, in cases where the property is not insured, the fair market value will be the value of the property immediately following the casualty or fire. c. The Recipient further agrees that the Project facilities /equipment shall be used for the provision of mass transportation service within the area and in the manner described in the Project Description. The Recipient shall keep Page 8 satisfactory records with regard to the use. of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify the. Government in all cases where Project facilities /equipment are used in a manner substantially different from that described in the Project Description. The Recipient shall obtain Government concurrence before undertaking any transfer of title, lease, encumbrance, or alienation of property financed with Government assistance. The Government reserves the right to require the Recipient to restore project property or pay for damage to project property as a result of abuse or misuse of such property with the Recipient's knowledge and consent. Section 109. Encumbrance of Project Property. The Recipient shall not execute any lease, pledge, mor gage, iien,.or other contract (including a grant anticipation note or "Safe Harbor Lease" under section 168(g)(8) of the Internal Revenue Code of 1954) touching or affecting the Federal interest in any Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to Project facilities or equipment, unless such lease, pledge, mortgage, lien, contract, or other obligation is. expressly authorized in writing by the Government; nor shall the Recipient, by any act or omission of any kind, adversely affect the Federal interest or impair its continuing control over the use of Project facilities or equipment. Section 110. Restrictions, Prohibitions, Controls, and Labor Prov.i.sions. a. Equal Employment Opportunity - The following conditions are applicable: (1) In connection with the carrying out of the Project, the Recipient shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient shall insert the foregoing provision (modified only to show the particular contractual relationship) i.n all of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials and construction contracts subject to the provisions of Section 110.a. of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. (2) If, as a condition of assistance, the Recipient has submitted, and the Government has approved, an equal employment opportunity program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation, and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided in Section 106 of this Agreement or other measures that may affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal -Aid Highway Act of 1973, as amended. b. Small, Minority and Women's Enterprise. The following provisions are appilca e: (1) The Recipient shall be responsible for meeting the applicable regulations regarding participation by minority business enterprises (MBE) in Department of Transportation programs set forth at 49 C.F.R. Part 23, 45 F.R. 21172 et seq., March 31, 1980, or any revision or supplement thereto. Pursuant to the requirements of 49 C.F.R. 23.43, the following clauses must be inserted in each third party contract. (a) POLICY. IT IS THE POLICY OF THE DEPARTMENT OF TRANSPORTATION THAT MINORITY BUSINESS ENTERPRISES, AS DEFINED IN 49 C.F.R. PART 23, SHALL HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS UNDER THIS AGREEMENT. CONSEQUENTLY, THE MBE REQUIREMENTS OF 49 C.F.R. PART 23 APPLY TO THIS. AGREEMENT. (b) MBE OBLIGATION, THE RECIPIENT AND ITS CONTRACTORS AGREE TO ENSURE THAT MINORITY BUSINESS ENTERPRISES AS DEFINED IN 49 C.F.R. PART 23 HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS AND SUBCONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS PROVIDED UNDER THIS AGREEMENT. IN THIS REGARD ALL RECIPIENTS AND CONTRACTORS SHALL TAKE ALL NECESSARY AND REASONABLE STEPS IN ACCORDANCf.WITH 49 C.F.R. PART 23 TO ENSURE THAT MINORITY BUSINESS ENTERPRISES HAVE THE MAXIMUM OPPORTUNITY TO COMPETE FOR AND PERFORM CONTRACTS. RECIPIENTS AND THEIR CONTRACTORS SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN OR SEX IN THE AWARD AND PERFORMANCE OF DOT- ASSISTED CONTRACTS. (2) If as a condition of assistance the Recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the Recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 C.F.R. Part 23, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the Recipient to obtain future DOT financial assistance. (3) The Recipient shall advise each subrecipient,.contractor, and subcontractor that failure to carry out the requirements set forth in 49 C.F.R. 23.43(a) shall constitute a breach of contract and, after the notification of the Department, may result in termination of the Agreement or contract by the Recipient or such remedy as the Recipient deems appropriate. (4)•The Recipient shall take action concerning lessees as follows: Page 10 (a) The Recipient shall not exclude MBE's from participation in business opportunities by entering into long -term, exclusive agreements with non -MBE's for operation of major transportation- related activities for the provision of goods and services to the facility or to the public on the facility. (b) A Recipient that is required to submit affirmative action programs under 49 C.F.R. 23.41(a)(2) or (a)(3) that has business opportunities for lessees shall submit to the Department for approval with their programs overall goals for the participation as lessees of firms owned and controlled by minorities and firms owned and controlled by women. These goals shall be for a specified period of time and shall be based on the factors listed in 49 C.F.R. 23.45(g)(5). The Recipient shall review these goals at least annually, and whenever the goals expire. The review shall analyze projected versus actual MBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals. Following each review, the Recipient shall submit new overall goals to the Department for approval. A Recipient that fails to meet its goals for MBE lessees shall demonstrate to the Department in writing that it made reasonable efforts to meet the goals. (c) Except. as provided in this section, the Recipient is required to include lessees in affirmative action programs. Lessees themselves are not subject to the requirements of this Part, except for.the ob0 gation of 49 C.F.R. 23..7 to avoid discrimination against MBE's. (5) The Recipient agrees to include the clauses in Subsection (1) and (2) of Section 109.b. above in all subsequent agreements between the Recipient and any subrecipient and in all subsequent DOT- assisted contracts between the Recipient or subrecipients and any third party contractor. c. Title VI Civil Rights Act of 196 assure t e -comp lance by contractors with all the requirements imposed by (49 U.S.C. § 2000d), the regulations issued thereunder, 49 C.F.R. Part 21 pursuant thereto. 4. The Recipient will comply and will and subcontractors under this Project Title VI of the Civil Rights Act of 1964 of the Department of Transportation and the Assurance by the Recipient d. Competition in Procurement. The Recipient shall comply with the Procurement Standards requirements set forth in Attachment 0 of OMB Circular A -102, as amended, or A -110, as may be appropriate; and with any supplementary directives or regulations including UMTA Circular 4220.1A and any revisions thereof,. as may be appropriate. UMTA reserves the right to review the Recipient's technical specifications and requirements, where such review is necessary for proper project administration. The Recipient further agrees . that notwithstanding the requirements in Section 116 herein, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications. Page 11 e. Force Account. The Government (UMTA) reserves the right to determine the. axtert to whichi -t will participate in force account costs. f. Settlement of Third Party Contract Disputes or Breaches. The Government has a vested interest in the settlement of disputesaults, or breaches involving any Federally- assisted third party contracts. The Government retains a right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery. Therefore the Recipient shall avail itself of all legal . rights available under any third party contract. The Recipient shall notify the Government of any current or prospective litigation pertaining to any third party contract. The Government reserves the right to concur in any comprrnise or settlement of the Recipient's claim(s) involving any third party contract, beforq making Federal assistance available to support that settlement. If the third party contract contains a liquidated dam- - ges provision, any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. g. Ethics, The Recipient shall maintain a written code or standards of conduct which code or standards shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. Such code or standards shall provide that no employee, officer, or agent of the Recipient shall participate in the selection, or in the award, or in the administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any pf the parties set forth below has a financial or other interest in the firm selected for award: (1) the employee, officer, or agent;' (2) any member of his or her immediate family;. (3) his or her partner; or (4) an organization that employs, or is to employ, any of the above. The code or standards shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors,_ or parties to the subagreement. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of no intrinsic value. To the extent permitted by State or local law or regulations, such code or standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such code or standards by the Recipient's officers, employees, or agents, or by contractors or their agents. Page 12. I I h. Interest of Members of or Delegates to Congress. No member of or delegate tote Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 111. Construction Contracts. The following provisions are applicable: a. Nondiscrimination. Pursuant to 41 C.F.R. § 60- 1.4(b) (1) and (c) (1) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which contract or modification is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: (a) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE', COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. THE CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION., OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE. (b) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (c) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH HE HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE TO BE PROVIDED ADVISING THE SAID LABOR UNION OR WORKERS' REPRESENTATIVES OF THE CONTRACTOR'S COMMITMENTS UNDER THIS SECTION 202 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 245 19659 AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (d) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, , AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR. Page 13 (e) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND BY RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO HIS BOOKS, RECORDS, AND ACCOUNTS BY THE URBAN MASS TRANSPORTATION ADMINISTRATION AND THE SECRETARY OF LABOR FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS. (f) IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES OF THIS AGREEMENT OR WITH ANY OF THE SAID RULES, REGULATIONS OR ORDERS, THIS AGREEMENT MAY BE CANCELLED, TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER GOVERNMENT CONTRACTS OR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AS AMENDED, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 19659 OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW. (g) THE CONTRACTOR WILL INCLUDE A CITATION TO 41 C.F.R. § 60- 1.4(b)(1) and (c) AND THE PROVISIONS OF PARAGRAPHS (a) THROUGH (g) IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS; OR ORDERS OF THE SECRETARY OF LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. THE CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS THE URBAN MASS TRANSPORTATION ADMINISTRATION MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED, HOWEVER, THAT IN THE EVENT A CONTRACTOR BECOMES INVOLVED IN, OR IS THREE WILL TIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION BY THE URBAN MASS TRANSPORTATION ADMINISTRATION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES. (2) The Recipient shall assure that each nonexempt prime contractor or subcontractor shall include the above clause in each of its nonexempt contracts. (3) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work; Provided that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. (4) The Recipient agrees that it will assist and cooperate actively with the Urban Mass Transportation Administration and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Urban Mass Transportation Administration and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Urban Mass Transportation Administration in the discharge of the agency's primary responsibility for securing compliance. Page 14 (5) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, as amended, with any contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally assisted construction contracts pursuant to the Executive Order; and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Urban Mass Transportation Administration or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreement (grant, contract, loan, insurance, guarantee); refrain from extending any further assistance to the Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received fronj such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. b. Specifications. The Recipient hereby agrees that it will incorporate or cause to be incorporated into its contracts the specifications set forth below in all Federal or Federally assisted construction contracts, or modifications thereof, in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract, Compliance Programs of the Department of Labor pursuant to the Regulations of the Secretary of Labor at 41 C.F.R. Section 60 -4.3 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under Executive Order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246): (1) AS USED IN THESE SPECIFICATIONS:' (a) "COVERED AREA" MEANS THE GEOGRAPHICAL AREA DESCRIBED IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED,; (b) "DIRECTOR" MEANS DIRECTOR, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, OR ANY PERSON TO WHOM THE DIRECTOR DELEGATES AUTHORITY; (c) "EMPLOYER IDENTIFICATION NUMBER" MEANS THE FEDERAL SOCIAL SECURITY NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERAL TAX RETURN, U.S. TREASURY DEPARTMENT FORM 941. (d) "MINORITY" INCLUDES: (i) BLACK (ALL PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL GROUPS NOT OF HISPANIC ORIGIN); Page 15 (ii) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN OR OTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF RACE); (iii) ASIAN AND PACIFIC ISLANDER (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLE OF THE FAR EAST, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT, OR THE PACIFIC ISLANDS); AND HAVING ORIGINS IN ANY) OFMTHECORIGINALNPEOPLEAOFANORTHIAMERICA AND PERSONS MAINTAINING IDENTIFIABLE TRIBAL AFFILIATIONS THROUGH MEMBERSHIP AND.PARTICIPATION OR COMMUNITY IDENTIFICATION). (2) WHENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF THE WORK INVOLVING ANY CONSTRUCTION TRADE, IT SHALL. PHYSICALLY INCLUDE IN EACH SUBCONTRACT IN EXCESS OF $10,000 THE PROVISIONS OF THESE SPECIFICATIONS AND THE NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR MINORITY AND FEMALE_ PARTICIPATION AND WHICH IS SET FORTH IN THE SOLICITATIONS FROM WHICH THIS CONTRACT RESULTED. (3) IF THE CONTRACTOR IS PARTICIPATING (PURSUANT TO 41 C.F.R. 60 -4.5) IN A HOMETOWN PLAN APPROVED BY THE U.S. DEPARTMENT OF LABOR IN THE COVERED AREA, EITHER INDIVIDUALLY OR THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS ON ALL WORK IN THE PLAN AREA (INCLUDING GOALS AND TIMETABLES) SHALL BE IN ACCORDANCE WITH THAT PLAN FOR THOSE TRADES WHICH HAVE UNIONS PARTICIPATING IN THE PLAN. CONTRACTORS MUST BE ABLE TO DEMONSTRATE THEIR PARTICIPATION IN AND COMPLIANCE WITH THE PROVISIONS OF ANY SUCH HOMETOWN PLAN. EACH CONTRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS INDIVIDUALLY REQUIRED TO COMPLY WITH ITS OBLIGATIONS UNDER THE EEO CLAUSE, AND TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO TAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4) THE CONTRACTOR SHALL IMPLEMENT THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED IN PARAGRAPHS (7)(a) THROUGH (p) OF THESE SPECIFICATIONS. THE GOALS SET FORTH IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED ARE EXPRESSED AS PERCENTAGES OF THE TOTAL HOURS OF EMPLOYMENT AND TRAINING OF MINORITY AND FEMALE UTILIZATION THE CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA. COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE FEDERAL REGISTER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM A-NTVrjCt OF FE'6ERAL CONTRACT COMPLIANCE PROGRAM OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS. THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. (5) NEITHER THE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT, NOR THE FAILURE BY A UNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS, EXECUTIVE ORDER-11246, OR THE REGULATIONS PROMULGATED PURSUANT THERETO. Page 16 (6) IN ORDER FOR THE NONWORKING TRAINING HOURS OF APPRENTICES AND TRAINEES TO BE COUNTED IN MEETING THE GOALS, SUCH APPRENTICES AND TRAINEES MUST BE EMPLOYED BY THE CONTRACTOR DURING THE TRAINING PERIOD, AND THE CONTRACTOR MUST HAVE MADE A COMMITMENT TO EMPLOY THE APPRENTICES AND TRAINEES AT THE COMPLETION OF THEIR TRAINING, SUBJECT TO THE AVAILABILITY OF EMPLOYMENT OPPORTUNITIES. TRAINEES MUST BE TRAINED PURSUANT TO TRAINING PROGRAMS APPROVED BY THE U.S. DEPARTMENT OF LABOR. (7) THE CONTRACTOR SHALL TAKE SPECIFIC AFFIRMATIVE ACTIONS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. THE EVALUATION OF THE CONTRACTOR'S COMPLIANCE WITH THESE SPECIFICATIONS SHALL BE BASED UPON ITS EFFORT TO ACHIEVE MAXIMUM RESULTS FROM ITS ACTIONS. THE CONTRACTOR SHALL DOCUMENT THESE EFFORTS FULLY, AND SHALL IMPLEMENT AFFIRMATIVE ACTION STEPS AT LEAST AS EXTENSIVE AS THE FOLLOWING: (a) ENSURE AND MAINTAIN A WORKING ENVIRONMENT FREE OF HARASSMENT, INTIMIDATION, AND COERCION AT ALL SITES, AND IN.ALL FACILITIES AT WHICH THE CONTRACTOR'S EMPLOYEES ARE ASSIGNED TO WORK. THE.CONTRACTOR, WHERE POSSIBLE, WILL ASSIGN TWO OR MORE WOMEN TO EACH CONSTRUCTION PROJECT. THE CONTRACTOR SHALL SPECIFICALLY ENSURE THAT ALL FOREMEN, SUPERINTENDENTS, AND OTHER ON -SITE SUPERVISORY PERSONNEL ARE AWARE OF AND CARRY OUT THE CONTRACTOR'S OBLIGATION TO MAINTAIN SUCH A WORKING ENVIRONMENT, WITH SPECIFIC ATTENTION TO MINORITY OR FEMALE INDIVIDUALS WORKING AT SUCH SITES OR IN SUCH FACILITIES. (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTIFICATION TO MINORITY AND FEMALE RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS WHEN THE CONTRACTOR OR ITS UNIONS HAVE EMPLOYMENT OPPORTUNITIES AVAILABLE, AND MAINTAIN A RECORD OF THE ORGANIZATIONS' RESPONSES. (c) MAINTAIN A CURRENT FILE OF THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF EACH MINORITY AND FEMALE OFF- THE - STREET APPLICANT AND MINORITY OR FEMALE REFERRAL FROM A UNION, A RECRUITMENT SOURCE OR COMMUNITY ORGANIZATION AND OF WHAT ACTION WAS TAKEN WITH RESPECT TO EACH SUCH INDIVIDUAL. IF SUCH INDIVIDUAL WAS SENT TO THE UNION HIRING HA LL'FOR REFERRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL BE DOCUMENTED IN THE FILE WITH THE REASON THEREFOR, ALONG WITH WHATEVER ADDITIONAL ACTIONS THE CONTRACTOR MAY HAVE TAKEN. (d) PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE DIRECTOR WHEN THE UNION OR UNIONS WITH WHICH THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT HAS NOT REFERRED TO THE CONTRACTOR A MINORITY PERSON OR WOMAN SENT BY THE CONTRACTOR, OR WHEN THE CONTRACTOR HAS OTHER INFORMATION THAT THE UNION REFERRAL PROCESS HAS IMPEDED THE CONTRACTOR'S EFFORTS TO MEET ITS OBLIGATIONS. (e) DEVELOP ON- THE_-JOB TRAINING OPPORTUNITIES AND /OR PARTICIPATE IN TRAINING PROGRAMS FOR THE AREA WHICH EXPRESSLY INCLUDE MINORITIES AND WOMEN, INCLUDING UPGRADING PROGRAMS AND APPRENTICESHIP AND TRAINEE PROGRAMS RELEVANT TO THE CONTRACTOR'S EMPLOYMENT NEEDS, ESPECIALLY THOSE PROGRAMS FUNDED OR APPROVED BY THE DEPARTMENT OF LABOR. THE CONTRACTOR SHALL PROVIDE NOTICE OF THESE PROGRAMS TO THE SOURCES COMPILED UNDER (7)(b) ABOVE. Page 17 (f) DISSEMINATE THE CONTRACTOR'S EEO POLICY BY PROVIDING NOTICE OF THE POLICY TO UNIONS AND TRAINING PROGRAMS AND REQUESTING THEIR COOPERATION IN ASSISTING THE CONTRACTOR IN MEETING ITS EEO OBLIGATIONS; BY INCLUDING IT IN ANY POLICY MANUAL AND COLLECTIVE BARGAINING AGREEMENT; BY PUBLICIZING IT IN THE COMPANY NEWSPAPER, ANNUAL REPORT, ETC.; BY SPECIFIC REVIEW OF THE POLICY WITH ALL MANAGEMENT PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR; AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE.TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORK IS PERFORMED. (g) REVIEW, AT LEAST ANNUALLY, THE COMPANY'S EEO POLICY AND AFFIRMATIVE ACTION OBLIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING ANY RESPONSIBILITY FOR HIRING; ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ONSITE SUPERVISORY PERSONNEL SUCH AS SUPERINTENDENTS, GENERAL FOREMEN, ETC., PRIOR TO THE INITIATION OF CONSTRUCTION WORK AT ANY JOB SITE. A WRITTEN RECORD SHALL_ BE MADE AND MAINTAINED IDENTIFYING THE TIME AND PLACE OF THESE MEETINGS, PERSONS ATTENDING, SUBJECT MATTER DISCUSSED, AND DISPOSITION OF THE SUBJECT MATTER. (h) DISSEMINATE THE CONTRACTOR'S EFO POLICY EXTERNALLY BY INCLUDING IT IN ANY ADVERTISING IN THE NEWS MEDIA, SPECIFICALLY INCLUDING MINORITY AND FEMALE NEWS MEDIA, AND PROVIDING WRITTEN NOTIFICATION TO AND DISCUSSING THE CONTRACTOR-'S EEO POLICY WITH OTHER CONTRACTORS AND SUBCONTRACTORS WITH WHOM THE CONTRACTOR DOES OR ANTICIPATES DOING BUSINESS. (i) DIRECT ITS RECRUITMENT EFFORTS, BOTH ORAL AND WRITTEN, TO MINORITY, FEMALE AND COMMUNITY ORGANIZATIONS, TO SCHOOLS WITH MINORITY AND FEMALE STUDENTS AND TO MINORITY AND FEMALE RECRUITMENT AND TRAINING ORGANIZATIONS SERVING THE CONTRACTOR'S RECRUITMENT AREA AND EMPLOYMENT NEEDS. NOT LATER THAN ONE MONTH PRIOR TO THE DATE FOR THE ACCEPTANCE OF APPLICATIONS FOR APPRENTICESHIP OR OTHER TRAINING BY ANY RECRUITMENT SOURCE, THE CONTRACTOR SHALL SEND WRITTEN NOTIFICATION TO ORGANIZATIONS SUCH AS THE ABOVE, DESCRIBING THE OPENINGS, SCREENING PROCEDURES, AND TESTS TO BE USED IN THE SELECTION PROCESS. (j) ENCOURAGE PRESENT MINORITY AND FEMALE EMPLOYEES TO RECRUIT OTHER MINORITY PERSONS AND WOMEN AND, WHERE REASONABLE, PROVIDE AFTER SCHOOL, SUMMER AND VACATION EMPLOYMENT TO MLNORITY AND FEMALE YOUTH BOTH ON THE SITE AND IN OTHER AREAS OF THE CONTRACTOR'S WORKFORCE. (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41 C.F.R. PART 60 -3. (1) CONDUCT, AT LEAST ANNUALLY, AN INVENTORY AND EVALUATION_ AT LEAST OF ALL MINORITY AND FEMALE PERSONNEL FOR PROMOTIONAL OPPORTUNITIES AND ENCOURAGE THESE EMPLOYEES TO SEEK OR TO PREPARE FOR, THROUGH APPROPRIATE TRAINING, ETC., SUCH OPPORTUNITIES: Page 18 (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICATIONS, WORK ASSIGNMENTS AND OTHER PERSONNEL PRACTICES, DO NOT HAVE A DISCRIMINATORY EFFECT BY CONTINUALLY MONITORING ALL PERSONNEL AND EMPLOYMENT RELATED ACTIVITIES TO ENSURE THAT THE EEO POLICY AND THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS ARE BEING CARRIED OUT. (n) ENSURE THAT ALL FACILITIES AND COMPANY ACTIVITIES ARE NONSEGREGATED EXCEPT THAT SEPARATE OR SINGLE -USER TOILET AND NECESSARY CHANGING FACILITIES SHALL BE PROVIDED TO ASSURE PRIVACY BETWEEN THE SEXES. (o) DOCUMENT AND MAINTAIN A RECORD OF ALL SOLICITATIONS OF OFFERS FOR SUBCONTRACTS FRDM MINORITY AND FEMALE CONSTRUCTION CONTRACTORS AND SUPPLIERS, INCLUDING CIRCULATION OF SOLICITATIONS TO MINORITY AND FEMALE CONTRACTOR ASSOCIATIONS AND OTHER BUSINESS ASSOCIATIONS. (p) CONDUCT A REVIEW, AT LEAST ANNUALLY, OF ALL SUPERVISORS ADHERENCE TO AND PERFORMANCE UNDER THE CONTRACTOR'S EEO POLICIES AND AFFIRMATIVE ACTION - OBLIGATIONS. (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE IN VOLUNTARY ASSOCIATIONS WHICH ASSIST IN FULFILLING ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTH .IN PARAGRAPHS (7)(4) THROUGH (p). THE EFFORTS OF A CONTRACTOR ASSOCIATION, JOINT CONTRACTOR- UNION, CONTRACTOR COMMUNITY., OR OTHER SIMILAR GROUP OF WHICH THE CONTRACTOR IS A MEMBER AND PARTICIPANT, MAY BE ASSERTED AS FULFILLING ANY ONE OR MORE OF ITS OBLIGATIONS UNDER (7)(a) THROUGH (p) OF THESE SPECIFICATIONS, PROVIDED THAT THE CONTRACTOR ACTIVELY PARTICIPATES IN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE IMPACT ON THE EMPLOYMENT OF MINORITIES AND WOMEN IN THE INDUSTRY„ ENSURES THAT THE CONCRETE BENEFITS OF THE PROGRAM ARE REFLECTED IN THE CONTRACTOR'S MINORITY AND FEMALE WORKFORCE PARTICIPATION, MAKES A GOOD FAITH EFFORT TO MEET ITS INDIVIDUAL GOALS AND TIMETABLES, AND CAN PROVIDE ACCESS TO DOCUMENTATION WHICH DEMONSTRATES THE EFFECTIVENESS OF ACTIONS TAKEN ON BEHALF OF THE CONTRACTOR. THE OBLIGATION TO COMPLY, HOWEVER, IS THE CONTRACTOR'S AND FAILURE OF SUCH A GROUP TO FULFILL AN OBLIGATION SHALL NOT BE A DEFENSE FOR THE CONTRACTOR'S NONCOMPLIANCE. (9) A SINGLE GOAL FOR MINORITIES -AND A SEPARATE_ SINGLE GOAL FOR WOMEN HAVE BEEN ESTABLISHED. THE CONTRACTOR, HOWEVER, IS REQUIRED TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY AND TO TAKE AFFIRMATIVE ACTION FOR ALL MINORITY GROUPS, BOTH MALE AND FEMALE, AND ALL WOMEN, BOTH MINORITY AND NON- MINORITY. CONSEQUENTLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE - EXECUTIVE ORDER IF A PARTICULAR GROUP IS EMPLOYED IN A SUBSTANTIALLY DISPARATE MANNER (FOR EXAMPLE, EVEN THOUGH THE CONTRACTOR HAS ACHIEVED ITS GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECI_FI_C MINORITY GROUP OF WOMEN IS UNDERUTILIZED). (10) THE CONTRACTOR SHALL NOT USE THE GOALS AND TIMETABLES OR AFFIRMATIVE ACTION STANDARDS TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN.. (11) THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT WITH ANY PERSON OR FIRM DEBARRED FROM GOVERNMENT CONTRACTS PURSUANT TO EXECUTIVE ORDER 11246. Page 19 i (12) THE CONTRACTOR SHALL CARRY OUT SUCH SANCTIONS AND PENALTIES FOR VIOLATION OF THESE SPECIFICATIONS AND OF THE EQUAL OPPORTUNITY CLAUSE, INCLUDING SUSPENSION, TERMINATION AND CANCELLATION OF EXISTING SUBCONTRACTS AS MAY BE IMPOSED OR ORDERED PURSUANT TO EXECUTIVE ORDER 11246, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS. ANY CONTRACTOR WHO FAILS TO CARRY OUT SUCH SANCTIONS AND PENALTIES SHALL BE IN VIOLATION OF THESE SPECIFICATIONS AND EXECUTIVE ORDER 11246, AS AMENDED. (13) THE CONTRACTOR, IN FULFILLING ITS OBLIGATIONS UNDER THESE SPECIFICATIONS, SHALL IMPLEMENT SPECIFIC AFFIRMATIVE ACTION STEPS, AT LEAST AS EXTENSIVE AS THOSE STANDARDS PRESCRIBED IN PARAGRAPH (7) OF THESE SPECIFICATIONS, SO AS TO ACHIEVE MAXIMUM RESULTS FROM ITS EFFORTS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. IF THE CONTRACTOR FAILS TO COMPLY WITH THE REQUIREMENTS OF THE EXECUTIVE ORDER, THE IMPLEMENTING REGULATIONS, OR THESE SPECIFICATIONS, THE DIRECTOR SHALL PROCEED IN ACCORDANCE WITH 41 C.F.R. 60 -4.8. (14) THE CONTRACTOR SHALL DESIGNATE A RESPONSIBLE OFFICIAL TO MONITOR ALL EMPLOYMENT RELATED ACTIVITY TO ENSURE THAT THE COMPANY EEO POLICY IS BEING CARRIED OUT, TO SUBMIT REPORTS RELATING TO THE PROVISIONS HEREOF AS MAY BE REQUIRED BY THE GOVERNMENT AND TO KEEP RECORDS. RECORDS SHALL AT LEAST INCLUDE FOR EACH EMPLOYEE THE NAME, ADDRESS, TELEPHONE NUMBERS, CONSTRUCTION TRADE, UNION: AFFILIATION IF ANY, EMPLOYEE IDENTIFICATION NUMBER WHEN ASSIGNED, SOCIAL SECURITY NUMBER, RACE, SEX, STATUS (E.G., MECHANIC, APPRENTICE, TRAINEE, HELPER, OR_LABQRER), DATES OF CHANGES IN STATUS, HOURS WORKED PER WEEK IN THE INDICATED TRADE, RATE OF PAY, AND LOCATIONS AT WHICH THE WORK WAS PERFORMED. RECORDS SHALL BE MAINTAINED IN AN EASILY UNDERSTANDABLE AND RETRIEVABLE FORM; HOWEVER, TO THE DEGREE THAT EXISTING RECORDS SATISFY THIS REQUIREMENT, CONTRACTORS SHALL NOT BE REQUIRED TO MAINTAIN SEPARATE RECORDS. (15) NOTHING HEREIN PROVIDED SHALL BE CONSTRUED AS A LIMITATION UPON THE APPLICATION OF OTHER LAWS WHICH ESTABLISH DIFFERENT STANDARDS OF COMPLIANCE OR UPON THE APPLICATION OF REQUIREMENTS FOR THE HIRING OF LOCAL OR OTHER AREA RESIDENTS (E.G., THOSE UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1977 AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.) c. Notice. The Recipient hereby agrees that it will ensure that the notice set Trt7-below shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and Federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor at 41 C.F.R. Section 60 -4.2: Page 20 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246): (1) THE OFFEROR 'S OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS" SET FORTH HEREIN. (2) (a) THE GOALS AND TIMETABLES FOR MINORITY AND FEMALE PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR THE CONTRACTOR'S AGGREGATE WORKFORCE IN EACH TRADE ON ALL CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS: TIME - TABLES GOALS FORMINORITY GOALS FOR FEMALE PARTICIPATION FOR PARTICIPATION IN EACH TRADE EACH TRADE INSERT GOALS FOR INSERT GOALS FOR EACH YEAR EACH YEAR THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION. (0) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS IN 41 C.F.R. PART 60 -4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED BY THE SPECIFICATIONS SET FORTH IN 41 C.F.R. 60- 4.3(a), AND ITS EFFORTS TO MEET THE GOALS. THE HOURS OF MINORITY AND FEMALE EMPLOYMENT AND TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A GOOD_FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROJECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEE -S OR TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER, AND THE REGULATIONS in 41 C.F.R. PART 60 -4. COMPLIANCE WITH_THE GOALS WILL BE MEASURED AGAINST THE TOTAL WORK HOURS PERFORMED. (3) THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR; ESTIMATED DOLLAR AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE CONTRACT IS TO BE PERFORMED. Page 21 (4) AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE "COVERED AREA," IS (INSERT DESCRIPTION OF THE GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED, GIVING THE STATE, COUNTY AND CITY, IF ANY). d. Labor Provisions. Pursuant to regulations set forth at 29 C.F.R. Part 5 the following provisions shall be incorporated in all construction contracts of $2,000 let by the Recipient in carrying out the project. (1) MINIMUM WAGES. (a) ALL MECHANICS AND LABORERS EMPLOYED OR WORKING UPON THE S= OF TRFORK9 WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS -AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OF LABOR UNDER THE COPELAND ACT (29 C.F.R. PART 3)), THE FULL AMOUNTS DUE AT THE TIME OF PAYMENT COMPUTED AT WAGE RATES NOT OF THAN THOSE CONTAINED IN THE WAGE DETERMINATION DECISION OF THE SECRETARY OF LABOR WHICH WAGE DETERMINATION DECISION IS ATTACHED HERETO AND MADE A PART HEREOF, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS; AND THE WAGE DETERMINATION DECISION SHALL BE POSTED BY THE CONTRACTOR AT THE SITE OF THE WORK IN A PROMINENT PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS. FOR THE PURPOSE OF THIS CLAUSE, CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED UNDER SECTION 1(b)(2) OF THE DAVIS -BACON ACT, 40 U.S.C.§ 276a(b)(2), ON BEHALF OF LABORERS OR MECHANICS ARE CONSIDERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO THE PROVISIONS OF 29 C.F.R. 5.5(a)(1)(iv). ALSO FOR THE PURPOSE OF THIS CLAUSE, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD UNDER PLANS, FUNDS, OR 'PROGRAMS,.BUT COVERING THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. (b) THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS, INCLUDING APPRENTICES AND TRAINEES, WHICH IS NOT LISTED IN THE WAGE.DETERMINATION AND WHICH IS TO BE EMPLOYED UNDER THE CONTRACT, SHALL BE CLASSIFIED OR RECLASSIFIED CONFORMABLY TO THE WAGE DETERMINATION, AND A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE DEPARTMENT OF TRANSPORTATION (DOT) TO THE SECRETARY OF LABOR. IN THE EVENT THE INTERESTED PARTIES CANNOT AGREE ON THE PROPER CLASSIFICATIONS OR RECLASSIFICATION OF A PARTICULAR CLASS OF LABORERS AND MECHANICS, INCLUDING APPRENTICES AND TRAINEES, TO BE USED, THE QUESTION, ACCOMPANIED BY THE RECOMMENDATION OF THE CONTRACTING OFFICER SHALL BE REFERRED TO THE SECRETARY OF LABOR FOR FINAL DETERMINATION. (c) THE CONTRACTING OFFICER SHALL REQUIRE, WHENEVER THE MINIMUM WAGE RATE PRESCRIBED IN THE CONTRACT FOR A CLASS OF LABORERS OR MECHANICS INCLUDES A FRINGE BENEFIT WHICH IS NOT EXPRESSED AS AN HOURLY WAGE RATE AND THE CONTRACTOR IS OBLIGATED TO PAY A CASH EQUIVALENT OF SUCH A FRINGE BENEFIT, AN HOURLY CASH EQUIVALENT THEREOF TO BE ESTABLISHED. IN THE EVENT THE INTERESTED PARTIES CANNOT AGREE UPON A CASH EQUIVALENT OF THE FRINGE BENEFIT, THE QUESTION, ACCOMPANIED BY THE RECOMMENDATION OF THE CONTRACTING OFFICER, SHALL BE REFERRED TO THE SECRETARY OF LABOR FOR DETERMINATION. Page 22 (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS TO A TRUSTEE OR OTHER THIRD PERSON, HE MAY CONSIDER. AS PART OF THE WAGES OF ANY LABORER OR MECHANIC THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM OF A TYPE EXPRESSLY LISTED IN THE WAGE DETERMINATION DECISION OF THE SECRETARY OF LABOR WHICH IS A PART OF THIS CONTRACT: PROVIDED, HOWEVER, THE SECRETARY OF LABOR HAS FOUND, UPON THE WRITTEN REQUEST OF THE CONTRACTOR, THAT THE APPLICABLE STANDARDS OF THE DAVIS -BACON ACT HAVE BEEN MET. THE SECRETARY OF LABOR MAY REQUIRE THE CONTRACTOR TO SET ASIDE IN A SEPARATE ACCOUNT ASSETS FOR THE MEETING OF OBLIGATIONS UNDER THE PLAN OR PROGRAM. (2) WITHHOLDING. DOT MAY WITHHOLD OR CAUSE TO BE WITHHELD FROM THE CONTRACTOR SU MUCH F THE ACCRUED PAYMENTS OR ADVANCES AS MAY BE CONSIDERED NECESSARY TO THE LABORERS AND MECHANICS, INCLUDING APPRENTICES AND TRAINEES, EMPLOYED BY THE CONTRACTOR OR ANY SUBCONTRACTOR ON THE WORK THE FULL AMOUNT OF WAGES REQUIRED BY THE CONTRACT. IN THE EVENT OF FAILURE TO PAY ANY LABORER OR MECHANIC, INCLUDING ANY APPRENTICE OR TRAINEE, EMPLOYED OR WORKING ON THE SITE OF THE WORK, ALL OR PART OF THE WAGES REQUIRED BY THE CONTRACT, DOT MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS UNTIL SUCH VIOLATIONS HAVE CEASED.. (3) PAYROLL AND BASIC RECORDS. (a) PAYROLLS AND BASIC RECORDS RELATING THERETO W D THE COURSE OF THE WORK AND PRESERVED FOR A PERIOD OF THREE YEARS THEREAFTER FOR ALL LABORERS AND MECHANICS WORKING AT THE SITE OF THE WORK, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT. SUCH RECORDS WILL CONTAIN THE NAME AND ADDRESS OF -EACH SUCH EMPLOYEE, HIS CORRECT CLASSIFICATION, RATES OF PAY (INCLUDING RATES OF CONTRIBUTIONS OR COSTS ANTICIPATED OF THE TYPES DESCRIBED IN SECTION 1(b)(2) OF THE DAVIS -BACON ACT), DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE AND ACTUAL WAGES PAID. WHENEVER THE SECRETARY OF LABOR HAS FOUND UNDER 29 C.F.R. 5.5(a)(1)(iv) THAT THE WAGES OF ANY LABORERS OR MECHANICS INCLUDE THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM DESCRIBED IN SECTION 1(b)(2)(B) OF THE DAVIS -BACON ACT, THE CONTRACTOR SHALL MAINTAIN RECORDS WHICH SHOW THAT THE COMMITMENT TO PROVIDE SUCH BENEFITS IS ENFORCEABLE, AND THAT THE PLAN OR PROGRAM IS FINANCIALLY RESPONSIBLE, AND THAT THE PLAN OR PROGRAM HAS BEEN COMMUNICATED IN WRITING TO THE LABORERS OR MECHANICS AFFECTED, AND RECORDS WHICH SHOW THE COSTS ANTICIPATED OR THE ACTUAL COST INCURRED IN PROVIDING SUCH BENEFITS. (b) THE CONTRACTOR WILL SUBMIT WEEKLY A COPY OF ALL PAYROLLS TO THE RECIPIENT FOR TRANSMITTAL TO DOT. THE COPY SHALL BE ACCOMPANIED BY A STATEMENT SIGNED BY THE EMPLOYER OR HIS AGENT INDICATING THAT THE PAYROLLS ARE CORRECT AND COMPLETE, THAT THE WAGE RATES CONTAINED THEREIN ARE NOT LESS THAN THOSE DETERMINED BY THE SECRETARY OF LABOR AND THAT THE CLASSIFICATIONS SET FORTH FOR EACH LABORER OR MECHANIC CONFORM TO THE WORK TO BE PERFORMED. A, SUBMISSION OF THE "WEEKLY STATEMENT OF COMPLIANCE" WHICH IS REQUIRED UNDER THIS CONTRACT AND THE COPELAND REGULATIONS OF THE SECRETARY OF LABOR (29 C.F.R. PART 3) AND THE FILING WITH THE INITIAL PAYROLL OR ANY SUBSEQUENT Page 23 PAYROLL OF A COPY OF ANY FINDINGS BY THE SECRETARY OF LABOR UNDER 29 C.F.R. 5.5(a)(1)(iv) SHALL SATISFY THIS REQUIREMENT. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR THE SUBMISSION OF COPIES OF PAYROLLS OF ALL SUBCONTRACTORS. THE CONTRACTOR WILL MAKE THE RECORDS REQUIRED UNDER THE LABOR STANDARDS CLAUSES OF THE CONTRACT AVAILABLE FOR INSPECTION BY AUTHORIZED REPRESENTATIVES OF DOT AND THE DEPARTMENT OF LABOR, AND WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL INCLUDE A NOTATION ON THE FIRST WEEKLY CERTIFIED PAYROLLS SUBMITTED TO THE CONTRACTING AGENCIES THAT THEIR EMPLOYMENT IS PURSUANT TO AN APPROVED PROGRAM AND SHALL IDENTIFY THE PROGRAM. (4) APPRENTICES AND TRAINEES. (a) APPRENTICES. APPRENTICES WILL BE PERMITTED TO WORK AT-LE-SrTHAN THE PREDET R E FOR THE WORK THEY PERFORMED WHEN THEY ARE EMPLOYED 'AND INDIVIDUALLY REGISTERED IN A BONA FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING, OR WITH A STATE_ APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN APPRENTICE. THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO HIS ENTIRE WORK FORCE UNDER THE REGISTERED PROGRAM. ANY EMPLOYEE LISTED ON A PAYROLL AT AN APPRENTICE. WAGE RATE, WHO IS NOT A TRAINEE AS DEFINED IN SUBDIVISION (b) OF THIS SUBPARAGRAPH OR IS NOT REGISTERED OR OTHERWISE EMPLOYED AS STATED ABOVE, SHALL BE PAID THE WAGE RATE DETERMINED BY THE SECRETARY OF LABOR FOR.THE CLASSIFICATION OF WORK HE ACTUALLY PERFORMED. THE CONTRACTOR OR SUBCONTRACTOR WILL BE REQUIRED TO FURNISH TO THE CONTRACTING OFFICER OR A REPRESENTATIVE.OF THE WAGE -HOUR DIVISION OF THE U.S. DEPARTMENT OF LABOR WRITTEN EVIDENCE OF THE REGISTRATION OF HIS PROGRAM AND APPRENTICES AS WELL AS THE.APPROPRIATE RATIOS AND WAGE RATES (EXPRESSED IN PERCENTAGES OF THE JOURNEYMEN HOURLY RATES) FOR THE AREA OF CONSTRUCTION PRIOR TO USING ANY APPRENTICES ON THE CONTRACT WORK. THE WAGE RATE PAID APPRENTICES SHALL NOT BE LESS THAN THE APPROPRIATE PERCENTAGE OF THE JOURNEYMAN'S RATE CONTAINED IN THE APPLICABLE WAGE DETERMINATION. (b) TRAINEES. EXCEPT AS PROVIDED IN 29 C.F.R. 5.15, TRAINEES WILL NOT BE PERMITTErTo— ORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO OR INDIVIDUALLY REGISTERED IN PROGRAM WHICH HAS RECEIVED PRIOR APPROVAL, EVIDENCED BY FORMAL CERTIFICATION, .Page 24 BY THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING. THE RATIO OF TRAINEES TO JOURNEYMEN SHALL NOT BE GREATER THAN THAT PERMITTED UNDER THE PLAN APPROVED BY THE BUREAU OF APPRENTICESHIP AND TRAINING. EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED PROGRAM FOR HIS LEVEL_ OF PROGRESS. ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRAINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAN APPROVED BY THE BUREAU OF APPRENTICESHIP AND TRAINING SHALL BE PAID NOT LESS THAN THE WAGE RATE DETERMINED BY THE SECRETARY OF LABOR FOR THE CLASSIFICATION OF WORK HE ACTUALLY PERFORMED. THE CONTRACTOR OR SUBCONTRACTOR WILL BE REQUIRED TO FURNISH THE CONTRACTING OFFICER OR A REPRESENTATIVE OF THE WAGE -HOUR DIVISION OF THE U.S. DEPARTMENT OF LABOR WRITTEN EVIDENCE OF THE CERTIFICATION OF HIS PROGRAM, THE REGISTRATION OF THE TRAINEES, AND THE RATIOS AND WAGE RATES PRESCRIBED IN THAT PROGRAM. IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINING WITHDRAWS APPROVAL OF A TRAINING PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (c) EQUAL EMPLOYMENT OPPORTUNITY. THE UTILIZATION OF APPRENTICES, TRAINEES AND JOURNEYMEN N R THIS AR SHALL BE IN CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER 11246, AS AMENDED, AND 29 C.F.R. PART 30. (5) COMPLIANCE WITH COPELAND REGULATIONS_ 29_C.F.R. PART 3). THE CONTRACTOR G.F.R. PART 3) OF THE SECRETARY OF LABOR WHICH ARE HEREIN INCORPORATED BY REFERENCE. (6) CONTRACT TERMINATION; DEBARMENT. A BREACH OF CLAUSES (1),THROUGH (9) AND (14) MAY BE GROUNDS FUR TERMI V= OF THE CONTRACT, AND FOR DEBARMENT AS PROVIDED IN 29 C.F.R. 5.6. (7) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PAR WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY LABORER OR MECHANIC IN ANY WORKWEEK IN WHICH HE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF EIGHT HOURS IN. ANY CALENDAR DAY OR IN EXCESS OF FORTY HOURS IN SUCH WORKWEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSATION AT A RATE NOT LESS THAN ONE AND ONE -HALF TIMES HIS BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS IN ANY CALENDAR DAY OR IN EXCESS OF FORTY HOURS IN SUCH WORKWEEK, AS THE CASE MAY BE. Page 25 (8) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. IN THE EVENT OF S ), THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THEREFOR SHALL BE LIABLE TO ANY AFFECTED EMPLOYEE FOR HIS UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO THE UNITED STATES (IN THE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY), FOR.LIQUIDATED DAMAGES. SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC EMPLOYED IN VIOLATION OF THE CLAUSE SET FORTH IN SUBPARAGRAPH (7), IN THE SUM OF $10 FOR EACH CALENDAR DAY ON WHICH SUCH EMPLOYEE IS REQUIRED OR PERMITTED TO WORK IN EXCESS OF EIGHT HOURS OR IN EXCESS OF THE STANDARD WORKWEEK OF FORTY HOURS WITHOUT PAYMENT OF THE OVERTIME WAGES REQUIRED BY THE CLAUSE SET FORTH IN SUBPARAGRAPH (7). (9) WITHHOLDING FOR LIQUIDATED DAMAGES. DOT MAY WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON ACCOUNT OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR, SUCH SUMS AS MAY ADMINISTRATIVELY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH IN SUBPARAGRAPH (8). (10) FINAL LABOR SUMMARY. THE CONTRACTOR AND EACH SUBCONTRACTOR SHALL FURNISH TU THE RECIPIENT, UPON THE COMPLETION OF THE CONTRACT, A SUMMARY OF ALL EMPLO "MENT, INDICATING, FOR THE COMPLETED PROJECT, THE TOTAL AURS WORKED AND THE TOTAL AMOUNT EARNED. (11) FINAL rERTIFICATION.. UPON COMPLETION CF THE CONTRACT, THE CONTRACTOR SHALL SUB 0 THE R IPI N WITH THE VOUCHER FOR FINAL PAYMENT FOR ANY WORK PERFORMED UNDER THE CONTRACT A CERTIFICATE CONCERNING WAGES AND CLASSIFICATIONS FOR LABORERS AND MECHANICS, INCLUDING APPRENTICES AND TRAINEES EMPLOYED ON THE PROJECT, IN THE FOLLOWING FORM: THE UNDERSIGNED, CONTRACTOR ON CONTRACT N0. HEREBY CERTIFIES THAT ALL LABORERS,.MECHANICS, APPRENTICES, AND TRAINEES EMPLOYED BY HIM OR BY A SUBCONTRACTOR PERFORMING WORK UNDER THE CONTRACT ON THE PROJECT HAVE BEEN PAID WAGES AT RATES NOT LESS THAN THOSE REQUIRED BY THE CONTRACT PROVISIONS, AND THAT THE WORK PERFORMED BY EACH SUCH LABORER, MECHANIC, APPRENTICE OR TRAINEE CONFORMED TO THE CLASSIFICATIONS SET FORTH IN THE CONTRACT OR TRAINING PROGRAM PROVISIONS APPLICABLE TO THE WAGE RATE PAID. SIGNATURE AND TITLE Page 26 (12) NOTICE TO THE RECIPIENT OF-LABOR DISPUTES. WHENEVER THE CONTRACTOR HAS ACKNOW DISPUTE IS DELAYING OR THREATENS TO DELAY THE TIMELY.PERFORMANCE OF THIS CONTRACT, THE CONTRACTCR SHALL IMMEDIATELY GIVE NOTICE THEREOF, INCLUDING ALL RELEVANT INFORMATION WITH RESPECT THERETO, TO THE RECIPIENT. (13) DISPUTES CLAUSE. (a) ALL DISPUTES CONCERNING THE PAYMENT OF PREVAILING W79 RATS UR CLASSIFICATIONS SHALL BE PROMPTLY REPORTED TO THE RECIPIENT FOR ITS REFERRAL TO OOT FOR DECISION OR, AT THE OPTION OF DOT, DOT REFERRAL TO THE SECRETARY OF LABOR. THE DECISION OF DOT OR THE SECRETARY OF LABOR, AS THE CASE MAY BE, SHALL BE FINAL. (b) ALL QUESTIONS RELATING TO THE APPLICATION OR INTERPRETATION OF THE COPELAND ACT, 40 U.S.C. § 276c, THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. S C §§ 327 -333, THE DAMS -BACON ACT 40 U.S.C. § 276a, OR SECTION 13 OF THE URBAN MASS TRANSPORTATION ACT, 49 U.S.C. § 1609, SHALL BE SENT TO UMTA FOR REFERRAL TO THE SECRETARY OF LABOR FOR RULING OR INTERPRETATION, AND SUCH RULING OR INTERPRETATION SHALL BE FINAL. (14) INSERTION IN SUBCONTRACTS. THE CONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS IN SUBSECTIONS (1) THROUGH (14) OF THIS SECTION AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS WHICH THEY MAY ENTER INTO, TOGETHER WITH A CLAUSE REQUIRING THIS INSERTION IN ANY FURTHER SUBCONTRACTS THAT MAY IN TURN BE MADE AND SUCH OTHER CLAUSES AS THE GOVERNMENT MAY BY APPROPRIATE INSTRUCTIONS REQUIRE.. e. Contract Security. The Recipient shall follow the requirements of OMB Circular 7- 10ended, or A -110, as may be appropriate, and Federal (UMTA) guidelines with regard to bid guarantees and bonding requirements. f. Insurance During Construction. The Recipient shall_, at a minimum, follow the insurance.requirements normally required by their State and local governments. g.- Signs. The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory.to the Department of Transportation identifying the Project and indicating that the Government is participating in the development of the Project. h. Safety Standards. Pursuant to section 107 of the Contract Work Hours and Safety standards Act and Department of Labor Regulations at 29 C.F.R. § 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. i. Liquidated Damages. The Recipient shall include in all contracts for construction a clause providing for liquidated damages, where appropriate. Liquidated damages clauses are appropriate if,the parties may reasonably expect to suffer damages (increased costs on the project involved) from the late completion of the construction and the extent or amount of such damages would be difficult or impossible to discuss. The assessment for damages shall be at a specified rate per day for each day of overrun in contract time; and Page 27 the rate must be specified in the third party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. Section 112. Environmental, Resource, and Energy Protection and Conservation Requirements. a. Com liance with Environmental Standards. The Recipient shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. § 1857 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.), and implementing regulations, in the facilities which are involved in the Project for which Federal assistance is given. The Recipient shall ensure that the facilities under ownership, lease or supervision, whether directly or under contract, that will be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency's (EPA) List of Violating Facilities. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order No. 11738, EPA regulations (40 C.F.R. Part 15). The Recipient and any third -party contractor thereof shall be responsible for reporting any violations to the Government (UMTA) and to the EPA Assistant Administrator for Enforcement. In addition, the Recipient shall notify UMTA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing by EPA. b. Air Pollution. No facilities or equipment shall be acquired, constructed, or improved as a part of the Project unless the Recipient obtains satisfactory assurances that they are (or will be) designed and equipped to limit air pollution as provided in accordance with the External Operating Manual and in accordance with all other applicable standards. c. Use of Public Lands. No publicly owned land from a park, recreation area, or wildlife and waterfowl refuge of national, State or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials may be used for the Project without the prior concurrence of the Department of Transportation. d. Historic Preservation. The Recipient shall assist the Government (UMTA) in its compliance-775 section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order No. 11593, And the Archeological and Historic Preservation Act of 1966 (16 U.S.C. § 469a -1 et seq.) by: (1) Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects.(see 36 C.F.R. Part 800.8) by the activity, and notifying the Government (UMTA) of the existence of any such properties; and Page 28 (2) Complying with all requirements established by the Government to avoid or mitigate adverse effects upon such properties. e- Energy Conservation. The Recipient and its third party contractors shall recognize mandatory s andards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321 et seq.). Section 113. Patent Rights. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project which invention, improvement, or discovery may be patentable under the Patent Laws of the United States of America or any foreign country, the Recipient shall immediately notify.the Government (UMTA) and provide a detailed report. The rights and responsibilities of the Recipient, third party contractors and the Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies, and any waivers thereof. Section 114. Rights.in Data. a. The term "subject data" as used herein means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs;; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples Tnclude, but are not limited to, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. b. All "subject data" first produced in the performance of this Agreement shall be the sole property of the Government. The Recipient agrees not to assert any rights at common law or equity and not to establish any claim to statutory copyright in such data. Except for its own internal use, the Recipient shall not publish or reproduce such data in whole or in part, or in any manner or form, nor authorize others to do so, without the written consent of the Government until such time as the Government may have released such data to the public.; this restriction, however, does not apply to Agreements with Academic Institutions. Page 29 c. The Recipient agrees to grant and does hereby grant to the Government and to its officers, agents, and. employees acting within the scope of their official duties, a royalty free, nonexclusive, and irrevocable license throughout the world: (1) To publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, any and all data not first produced or composed in the performance of this Agreement but which is incorporated in the work furnished under this Agreement; and (2) To authorize others so to do. d. The Recipient shall indemnify and save and hold harmless the Government, its officers, agents, and employees acting within .the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use, or disposition of any data furnished under this Agreement. e. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. f. Sections 114.c. and d. above are not applicable to material furnished to the Recipient by the Government and incorporated in the work furnished under the contract; provided thit such incorporated material is identified by the Recipient at the time of delivery of such work. g. In the event that the.Project, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data generated under that Project shall become subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as the Government may direct. This clause shall be included in all third -party contracts under the Project. Section 115. Cargo. Preference - Use of-United-States-Flag Vessels. a. 46 U.S.C. § 1241 provides in pertinent part as follows: (b)(1) Whenever the United States shall procure, contract for, or otherwise obtain for its own account, or shall furnish to or for the account of any foreign nation without provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies Page 30 in connection with the furnishing of such equipment, materials, or commodities, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50, per centum of the gross tonnage of such equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers), which may be transported on privately owned United States flag commercial vessels, to the extent such vessels are available:at fair and reasonable rates for United. States -flag commercial vessels, in such manner as will insure a fair and reasonable participation of United States -flag commercial vessels in such cargoes by geographic areas: . (2) Every department or agency having responsibility under this subsection shall administer its programs with respect to this subsection under regulations issued by the Secretary of Commerce ... . b. Pursuant to regulations published by the Secretary of Commerce at 46 C.F.R. Part 381, the Recipient agrees to insert the following clauses in all contracts let by the Recipient under which equipment, materials, or commodities may be transported by ocean vessel in carrying out the Project: THE CONTRACTOR AGREES -- (1) TO UTILIZE PRIVATELY OWNED UNITED STATES -FLAG COMMERCIAL VESSELS TO SHIP AT LEAST 50 PERCENT OF THE GROSS TONNAGE (COMPUTED SEPARATELY FOR DRY BULK CARRIERS, DRY CARGO LINERS, AND TANKERS) INVOLVED, WHENEVER SHIPPING ANY EQUIPMENT, MATERIALS, OR COMMODITIES PURSUANT TO THIS SECTION, TO THE EXTENT SUCH VESSELS ARE AVAILABLE AT FAIR AND REASONABLE RATES FOR UNITED STATES -FLAG COMMERCIAL VESSELS. (2) TO FURNISH WITHIN 30 DAYS FOLLOWING THE DATE OF LOADING FOR SHIPMENTS ORIGINATING WITHIN THE UNITED STATES, OR WITHIN 30 WORKING DAYS FOLLOWING THE DATE OF LOADING FOR SHIPMENT ORIGINATING OUTSIDE THE UNITED STATES, A LEGIBLE COPY OF A RATED, "ON-BOARD" COMMERCIAL OCEAN BILL- OF- LADING IN ENGLISH FOR EACH SHIPMENT OF CARGO DESCRIBED IN PARAGRAPH (1) ABOVE TO THE RECIPIENT (THROUGH THE PRIME CONTRACTOR IN THE CASE OF SUBCONTRACTOR BILLS -OF- LADING) AND TO THE DIVISION OF NATIONAL CARGO, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, 460 SEVENTH STREET, S.W., WASHINGTON, D.C. 20590, MARKED WITH APPROPRIATE IDENTIFICATION OF THE.PROJECT. (3) TO INSERT THE SUBSTANCE OF THE PROVISIONS OF THIS CLAUSE IN ALL SUBCONTRACTS ISSUED PURSUANT TO THIS CONTRACT. Section 116. Bux America. Each third party contract utilizing UMTA funds obligated after January 6, 1983, must comply with .Section 165 of the Surface Transportation Assistance Act of 1982, . P.L. 97 -424, 49 U.S.C. § 1601 note (the Buy America provision), and UMTA regulations and /or guidance issued to implement this statutory provision. Page 31 Section 117. Charter and School Bus Operations. a. Charter Bus. The Recipient, or any operator of mass transportation, acting on its behalf, shall not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided under section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1602(f), and regulations pertaining to Charter Bus Operations, set forth at 49 C.F.R. Part 604 and any amendments that may be issued. Any agreement entered into under these regulations is incorporated into this Agreement by reference. b. School Bus. The Recipient, or any operator of mass transportation acting on i s e a shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 C.F.R. Part 605 and any amendments thereto that may be issued. Any agreement entered into under these . regulations is incorporated into this Agreement by reference. Section 118. Nondiscrimination on the Basis of Handicap. The Recipient shall insure that a1T—T'1xe3—Tacili y cons ruc ion or alteration and all new equipment included in the Project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth at 49 C.F.R. Part 27, and any amendments thereto. Section 119. Flood Hazards. The Recipient shall comply with the flood insurance pure ase requirements with respect to construction or acquisition purposes, of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012(a). Section 120. Privacy. Should the Recipient, its third party contractors or its employees a minister any system of records on behalf of the Federal Government, the following terms and conditions are applicable: a. The Recipient agrees: (1) To comply with the Privacy Act of 1974, 5 U.S.C. § 552a (the Act) and the rules and regulations issued pursuant to the Act when performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its contractors or employees to accomplish a Government function; Page 32 (2) To notify the Government 'when the Recipient anticipates operating a system of records on behalf of the Government in order to accomplish the requirements of this Agreement, if such system contains information about individuals which information will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this Agreement until the necessary approval and publication requirements applicable to the system have been carried out. The Recipient agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act; (3) To include the Privacy Act Notification contained in this Agreement in every third party contract solicitation and in every third party contract when the performance of work under the proposed third party contract may involve the design, development, or operation of a system of records on individuals that is to be.operated under the contract to accomplish a Government function; and (4) To include this clause,, including this paragraph, ;n all third party contracts under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation. of such a system of records on behalf of the Government. b. for purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Recipient, third party contractors and any of their. employees is considered to be an employee of the Government wi.th.respect to the Government function and the requirements of the Act, including the civil and criminal penalties for violations of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective.prior to September 27, 1975. In addition, failure to comply with the provisions of the Act or of this clause will make this Agreement subject to termination.. c. The terms used in th " clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by the Recipient on behalf of the Government, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (3) "System of records" on individuals means a group of any records under the control of the Recipient on behalf of the Government from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Page 33 Section 121. Miscellaneous. a. Bonus or Commission. The Recipient warrants that it has not paid; and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financial assistance hereunder. b. Stage or Territorial Law. Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial law; Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Recipient to violate any applicable State or territorial law, the Recipient will at once notify the Government (UMTA) in writing in order that appropriate changes and modifications may be made by the Government and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. c. Records. The Recipient, and any mass transportation operator for which it applies w 1 , for each local fiscal year ending on or after July 1, 1978, conform to the reporting system and the uniform system of accounts and records to the extent required by section 15 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1611, effective for each local fiscal year ending on or after July 1, 1978, and Federal (UMTA) regulations. d. Severabilit . If any provision of this Agreement is held invalid, the remain er of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. U.S. GOVERNMENT PRINTING OFFICE: 1984; 42.1- 018/16588 Page 34 RESOLUTION NO. 5589 (1984Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ADVOCATE FOR SERVICES PROVIDED FROM JANUARY 1, 1985 THROUGH JUNE 30, 1985. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein"by reference, between the City of San'Luis Obispo and Advocate is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of thi.s resolution and a copy of the executed agreement approved by it to: Advocate, Human Relations Commission, City's Finance Director. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was ATTES Pam`la Voges, City C:1 r ATc,a City AdministrativelOffic4r City torney inance Dip�Ector this 18th day of December, 1984. e ' / A 1 --th w X 6 elations ommission irperson Huma ations Commission Staff R 5589 i 1 I AGREEMENT LANDLORD /TENANT INPSECTION SERVICE ADVOCATE THIS AGREEMENT is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "Ci.ty ") and Advocate, independent contractor providing consulting services (hereinafter referred to as "Consultant "). WHEREAS, Consultant has the expertise to maintain a program known as Landlord /Tenant Inspection Service (LTIS) and WHEREAS, City desires to retain Consultant as an independent contractor to provide certain services not currently performed by City.employees or available within City services. NOW, THEREFORE, City and Consultant, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing January 1 ,1985, Consultant agrees to provide services to the City as directed by the Human Relations Commission. Said services shall continue through June 30, 1985, providing, however, that either party may terminate this agreement by 14 days written notice to the other party. 2. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereunder Consultant, at all times covered by the terms of the agreement, is acting as a free and independent contractor.and not as an employee of the City. 3. City agrees to provide office space and supplies necessary for performance under this agreement, subject to purchase authorization by the City. All supervision and direction necessary shall be provided by the Assistant to the City Administrative Officer in accordance.with the guidelines established by the Human Relations Commission of the City of San Luis Obispo. 4. City agrees to pay consultant at the rate of 80% of fees collected, said fee amount and structure as shall be established by the Human Relations Commission. 20% of fees collected will,be retained by the City for use by the Human Relations Commission for promotion and publicity of the LTIS program. Consultant shall transmit to the HRC a monthly statement n AGREEMENT CITY OF SAN LUIS OBISPO/ADVOCATE Page 2 ' of the services provided prior to payment stating the inspections made and full particulars as to clients and services. Consultant shall not accrue vacations, sick leave, or other similar benefits including . unemployment insurance and medical benefits available to regular city employees. 5. Consultant agrees to use its best efforts to maintain a program to be known as the Landlord /Tenant Inspection Services (LTIS). LTIS shall be a service made available to the tenants and landlord i.n the City of San Luis Obispo. No services under this agreement shall be provided outside the City of San Luis Obispo. Such services will consist of, but not be limited to, an inpsection of rental premises upon the request of either a landlord or a tenant and the preparation of a report setting the condition found to be present in said premises. Consultant agrees to work within such,guidelines is may be set forth from time to time by-the Human Relations Commission of the City of San Luis Obispo. 6. This is an agreement for professional services and is not assignable without the prior written consent of the City. 7. All information and records collected by Consultant shall remain the property of the City of San Luis Obispo. 8. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following adresses: CITY: CITY CLERK City of Sam Luis Obispo PO Box 321 San Luis Obispo, California 93406 CONSULTANT: ADVOCATE AGREEMENT CITY OF SAN LUIS OBISPO Page 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be exectued on this 18th. day of December , 1984. CONSULTANT ADVOCATE Lyn Mclure, caner Terri Mineau, Owner APPROVED AS TO FORM: sef arowitz, hairperson Human elations Commission - — 44L Steve 7enderson, Assistant to the City Administrative Officer CITY OF SAN LUIS OBISPO 0 VOID NUMBER 5588 NOT USED 0 VOID - NUMBER 5588 NOT USED RESOLUTION NO. 5587 (1984 Series) city of Se%u*'4%1 Luis OMS'P`0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners; Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning,'designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home.itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Dave Smith, for special.attention_ to the project, as an expression of deep thanks for his devotion to the community and hard work in seeing this project .through. On motion of Councilman Settle., seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregq�kng Resolution was adopted on December =4„ 19$dr1 l IE C G uz e< RESOLUTION NO. 5586 (1984 Series) city Of son Luis OB]Zn)*P'%O WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the.Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and Community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Phil Leo, for special attention to the project, as an expression of deep thanks for his devotion to the community and hard work in seeing this project through. On motion of Councilman roll call_ vote: AYES: Councilmembers Sett NOES: none ABSENT: Councilman Griffin the foregoing Resolution was Settle., seconded by Councilwoman Dovey, and on the following le; Dovey, Dunin, and Mayor Billig adopted on December 4, 1984. s BILLIG 152.8.: RESOLUTION NO. 5585 (1984 Series) city Of s Luis 0B1Zrw5#vP'%0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April I5, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Lane Wilson, for special attention to the project, as an expression of deep thanks for his devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Biilig NOES: none ABSENT: Councilman Griffin ° the foregoing Resolution was adopted on December -,4, 1984. 152 8' RESOLUTION NO. 5584 (1984 Series) city ® WIS OBIS"PONO s WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack. Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS; the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has; since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others: and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and, WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the Completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Jim Stockton and family, for Jim's performance above and beyond his usual duties and his family's cooperation, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin _ the for goi g Resolutionlwas adopted on DDeec�embe 4, 1 n ITY CLERK PAMELA VNGES WAJIINZIIIffIM MAYOR MELANI� C. BILLIG 152 a -: RESOLUTION NO. 5583 (1984 Series) city of son Luis o WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning_, designing and carrying out the.complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of California Conservation Corps, for special participation in the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoing Resolution was adopted on Decem)aEP-�-k, 1984. _ f. HiLANIE C. BI 152-84 X. RESOLUTION NO. 5582 (1984 Series) city of s Luis OBISp`0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing_ this historic home back to a central place in nur community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo; in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Alpha Gamma Rho, for participating in the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project. through. On motion of Councilman Settle seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego' g Resolution was adopted on Pqcember 4, 1984. IE C. 152.8• WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising.the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning_, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee.has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Cal Poly Landscape Architecture. Students, for implementing the Living Laboratory, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego#ng Resolution was adopted on Decembex4,, 1984;_ IE C. 1528•' 0 RESOLUTION NO. 5580 (1984 Series) city Of son Luis 0BIqqS`P*pw%0 WHEREAS, the jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners; Nellie Hollister Jack and Robert Edgar jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful appreciation for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volunteers who have participated in this long rewarding project, and hereby adopts this Resolution of Appreciation in honor of Cal Poly Horticulture Department, for participating in the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle., Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi esolution was adopted on December 4, 1984. V , � - a 0 CI P_ LA VOG R ME AAN IE C. B'&L IG 152 -5•: RESOLUTION NO. 5579 (1984 Series,) city ® S�Y1 h,�1 S ORS'POV WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising.the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No.. 2761 (1976 Series); and WHEREAS, the.Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete.renovation of the .Jack Residence, bringing this historic home back to a Central place in our community's 1 -ife; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a Variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council. of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Jennifer Vance, Central Coast Interior Designers' Association, for designing the Entry, Stairway and Landing; as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego'ng Resolution was adopted on December 4, 1984. E C. 152 B•i k RESOLUTION NO. 5578 (1984 Series) city Of SOU'l Luis 0B1qcz;`p%0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15; 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Comm -ittee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail.and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack_ Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence. Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Nadi Gates, Central Coast Interior Designers' Association; for designing the Entry, Stairway and Landing, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers.Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foreggl -aB Resolution was adopted on December -A., 1984. ANIE C. t52 & RESOLUTION NO. 5597 (1984 Series) city Of SAJ I WIS OB1;5P WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Commit -tee which would be responsible for advising the City Council in administering the Jack, Residence for the greatest possible.public use and enjoyment; and WHEREAS, the City Council accepted the gift -of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic hom_e'back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and "decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and.fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community;. NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Linda Borba, Central Coast Interior Designers' Association, for designing the Entry, Stairway and Landing, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi"�� solution was adopted on December 4, 1984. IS 152-84 RESOLUTION NO. 5576 (1984 Series) city Of SOU'l WIS 0B14'V`3`P%0 WHEREAS, the Jack Residence was deeded to the City of San 'Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying . out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Donna Young, Central Coast Interior Designers' Association, for designing the Entry; Stairway and Landing, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregpfk� Resolution was adopted on DecembP�4, 1984- . c / r\ 1 \ _ IE C. B 15284 I I RESOLUTION NO.5575(1984 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A RECRUITMENT PROCESS FOR DEVELOPMENT OF CITY -OWNED PROPERTY BOUNDED BY OSOS, MONTEREYo, AND HIGUERA STREETS WHEREAS, the City of San Luis owns property'generally described as 999 Monterey Street, and; WHEREAS, the City has a Strategic Planning Program to assess various economic strategies available to achieve community goals, and; WHEREAS, The Strategic Planning Program recorianended judicious management of city -0wned property, including the sale or promoting development of said properties, and; WHEREAS, it is the City's responsibility to manage its fiscal resources for the optimum benefit to the community and to its citizens, and; WHEREAS, the Council in considering the Mayor's 1983 -85 Workprogram has determined that the subject property is underutilized and suitable for development consistent with the City's general plan, and; WHEREAS, a framework has been established for soliciting and selecting -qualified developers for the subject property. NOW, THEREE)OORE be it resolved that the City Council directs that: .1. Staff shall prepare and administer a detailed workprogram as described in the staff report of December 4, 1984, for development recruitment process for 999 Monterey Street. 2. Staff shall retain a firm, consistent with the City's Purchasing Control Procedure, to assist in the recruitment process and selection and screening of qualified developers. On motion of Councilman- Settle , seconded by Councilwoman -povey. and on the following roll call vote: AYES: Councilnwbers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin R 5575 Resolution No. 5575 (1984 Series) Page 2 the foregoing Resolution was passed and adopted this 4th day of - December 1984. ..• - po,� .a S City Administrative Of ices _ Public Works Director l- Contnunity Dev lopment Director 05 S �, orn�o �'/ ,. -- ,� �. -,,. VOID RESOLUTION NO. 5574 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER BROTHERS CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH HIGUERA STREET AND MARGARITA AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the agreement between the city and Walter Brothers Construction Company, Inc. for construction of a traffic signal at the intersection of South Higuera Street and Margarita Avenue. 2. To direct the city engineer to begin design work for the traffic signal in question. 3. To direct the finance director to set up a project revolving account for the transactions pertaining to this agreement. On motion of Councilman Settle , seconded by Councilwanan Davey , and on the following roll call vote: AYES: CouncilmmObers Settle, Davey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 4th day of 1984 . CITY CLERK PAMELA VOGES Approved: r Finance Dir for Public Works Director MAYOR MELANIE C. BILLIG City Administrative ffice VOID ` R 5574 72 AGREEMENT This agreement was made and entered into this 4th day of Dflcenber , 1984 , by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "CITY ", and WALTER BROTHERS CONSTRUCTION COMPANY, INC., hereinafter referred to as "DEVELOPER "; jointly referred to hereinafter as the "parties ": RECITALS The parties enter into and execute this agreement with knowledge of and reliance on the following facts: 1. The City Council of the City of San Luis Obispo by Resolution No. 4269 (1980 Series) granted DEVELOPER a use permit (U0794 -A) which established several conditions for construction of a three -story social services office complex at 3220 South Higuera Street. 2. One condition in the use permit requires DEVELOPER to make Certain payments to CITY to finance 35 percent of the construction costs for a future traffic signal at the intersection of South Higuera Street and Margarita Avenue. 3. On March 29, 1982, the parties entered into an agreement by which DEVELOPER agreed to submit a bond in lieu of cash payments guaranteeing construction of the traffic signal in question.. 4. On January 3r 1984, the parties entered into an amendment to the March 29, i982 agreement extending the termination date to March 29, 1986. 5, On August 23, 1984, DEVELOPER and the State of California entered into a lease for premises located at 3190 South Higuera Street. 6. Condition 33 of the lease in question requires DEVELOPER to construct a traffic signal at the intersection of South Higuera Street and Margarita,Avenue prior to August 1, 1985. 7. The intersection in question does not now meet the State of California minimum vehicular volume warrant which CITY uses to establish a need for traffic signals. 8. If a traffic signal at the.intersection in question were now warranted, CITY would pay for 65 percent of the construction costs out of its own funds and construct the signal according to a priority established by the city council: 9. DEVELOPER has requested CITY assistance in constructing the traffic signal in question and setting up a means by which other surrounding property.owners can participate in construction costs as their parcels are developed. r STIPULATIONS I J NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree that: A. DEVELOPER shall deposit with CITY $5,000 for design of the traffic signal at the intersection of South Higuera Street and Margarita Avenue. CITY shall place this money in a revolving account set up solely for design, construction and miscellaneous costs of the traffic .signal project. CITY shall charge all applicable expenses associated with its obligations under this agreement to the project revolving account. B. CITY shall design the traffic signal, prepare the construction contract and specifications, and advertise for bids on the construction_ contract prior to April 1,, 1985. C. Before the construction contract is awarded, DEVELOPER shall pay CITY an amount equal to the the contract price plus 15 percent of the contract price. CITY shall deposit this money in the project revolving account. D. CITY shall award and administer the construction contract and inspect the construction performed. E. Prior to August 1, 1985 CITY shall set up a means to assess surrounding property owners for their share of the construction costs, payable to DEVELOPER when those properties are developed. F. After CITY makes the final payment on the construction contract and after the assessment mechanism is setup, the city engineer shall examine the balance remaining in the project revolving account. If there is a positive balance, CITY shall refund this balance to DEVELOPER. If there is a negative balance, DEVELOPER shall pay CITY the amount required to bring the negative balance to zero. G; As surrounding property owners pay their share of construction costs for the traffic signal to CITY, CITY shall deposit these payments in the project revolving account and in turn pay DEVELOPER whatever amounts are received. H. CITY shall periodically conduct whatever traffic studies are required to determine if a traffic signal at the intersection of South Higuera Street and Margarita Avenue is warranted according to the State of California minimum vehicular volume warrant. If these studies show that a traffic signal is warranted and if at that time DEVELOPER has not been fully reimbursed by surrounding property owners for their share of construction costs, CITY shall pay DEVELOPER an amount equal to the remaining reimbursement due.. Calculation of this payment shall not include interest. I. The parties understand that construction of the traffic signal in r. question should ideally be completed prior to August 1, 1985 but that circumstances beyond CITY's control may postpone completion beyond that date. DEVELOPER shall hold CITY harmless from any loss or liability should construction not be completed before August 1, 1985. FOR CITY: Mayor NIP1amP C..- B1111g Date Attest: City Clerk Pamela -V-o'- ges FOR DEVELOPER: Donny Walters, Walter Bros. Construction Co. Date u RESOLUTION NO.5573(1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT FOR PROPERTY AT 1250 ORCUTT ROAD (LOW- DENSITY RESIDENTIAL TO MEDIUM -HIG_H DENSITY RESIDENTIAL) (GP 1184) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1 Findings. 1. The Planning Commission and City Council have held public hearings on this amendment in accordance with the California Government Code and the General Plan Amendment Regulations of the City. 2. The Planning Commission has recommended approval of the amendment. 3. In accordance with State and City environmental review guidelines, an initial study has been prepared' (ER 54-84) and a mitigated negative declaration of environmental impact was approved by the Community Development Director September 26 1984. SECTION 2. Action. 1. The council affirms the approval of a mitigated negative declaration of environmental impact. 2. The general_ plan Land Use Element map is amended as shown in the attached Exhibit A. This action shall take effect thirty days from the date of adoption of this resolution. On motion of Councilman - Settle- seconded by Councilman Dunin _.....; and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 4th day of December 1984. R 5573 Resolution No. 5573 Series) Page .2 h APPROVED: City Aoministrative Offi(5er City Atto ley Calmunity Development-Director moss � �e l� . ,, - - LUNEE CHA UL O ` o Q O W Y O O I ; O O O 0= i O `ti V + `• Y. `\ `�1, `IMI Q Qr ` O m'n. Q`� ,;'• J O Aj 0 n O O �\ O O O v O O O z- - ° O R- l TO CHANCE 010 Q TO R 3P® Q o: �/t� V000 DRIVE O O 0 i0,0:. w Z l•f O , LP N!n y K O 2 -2 O O ; J o.; �,,.,a�aw m Q a Iw roDaa O nw..« w O + nMl1•}laNi 11.1 MII OJY) 4f0 ORCUTT ROAD �/t� J _J RESOLUTION NO. 5572 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP FOR -TRACT 929 (UNITS 5 & 6) (SANTA,LUCIA HILLS, INC..- SUBDIVIDERS) BE IT RESOLVED by the Council' of the City of San Luis Obispo as follows: SECTION l.. This Council made certain findings concerning Tract 929 as contained in Resolution No.* o 4963 (1982 Series). SECTION 2. Whereas a Faithful- Performance "bond" (Irrevocable Commitment of Funds) in the amount of $930,000 is on file to guarantee installation of subdivision improvements and a Labor and Materials "bond" (Irrevocable Commitment of Funds) in the amount of $465,000 is on file; SECTION 3. Whereas all fees and deposits as prescribed in the Subdivision Agreement have been received; SECTION 4. Whereas all other conditions required per Resolution No. 4963 (1982 Series) for Tract. 929 (Units 5.& 6) have either been met or bonded for; SECTION 5. This Council hereby grants approval of the final map for Tract No. 929 (Units 5 & 6) and authorizes the Mayor to execute the subdivision agreement. On motion of Councilman Dunn' , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmarbers Dunin, Settle, Dovey and Mayor Billig NOES • None ABSENT: .Councilman Griffin R 5572 Resolution No. 5572 (1984 Series) the foregoing Resolution was passed and adopted this 4th. -... day of - December - 1984. ATTEST: City Clerk Pamela vots APPROVED: City Administrati a Of icer City Att I rney ,C i tY7 En eer RESOLUTION N0. 4963 (1982 Series) A RESOLUTION OF THE COUNCIL OF. THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TNTATIVE NAP FOR TRACT 929 LOCATED AT 4000 BROAD STREET BE IT RESOLVED by the Council of the City of.San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 929 and the Planning Commission's recommendations; staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and the Edna -Islay Specific Plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and the Edna - Islay Specific Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental. damage or substantially and avoidably injure fish or wildlife in their habitat.. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7.. The design,of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. An environmental impact report has been certified for this project. SECTION 2. Conditions. That the approval of the tentative map for Tract 1068 be subject to the following conditions: j 1.J Subdivider shall dedicate street right- of -way along-Industrial Way frontage v of the tract. to provide a 64 foot right -of -way. Subdivider shall construct curb, gutter, and pave =out to new curb -face for Industrial Way frontage of the tract.�Sidewalks are hereby deferred subject to the subdivider signing a covenant agreeing to install sidewalks upon call by the City Engineer. R 4963 Resolution No. 4963 (1982 Series), Tract 929 Page 2 uy`T 2. Subdivider shall construct curb, gutter and sidewalk along Broad Street frontage of the tract. An encroachment is required from Cal Trans and shall be obtained by the subdivider. (Street section shall be 110 feet wide with 15 foot parkway with 6 foot integral sidewalk along east side). jl 4- 3. Final map shall note access rights to Tank Farm Road extended shall be I�µ/1 dedicated to the city by way of a 1 foot reserve access strip for lots 107, 108, 109, 111 and 113 (un- numbered lot assigned 113 by condition). Final map shall note access rights to Industrial Way shall be dedicated to W the city by a I foot no access strip. �f1,Q j Street names and all lots shall be addressed according to the addressing plan attached hereto as "Exhibit A." jJ '•�' Cd'7 Tank Farm Road shall be realigned to match alignment in the adopted Edna -Islay Specific Plan to the approval of'the City Engineer and Community Development Director. 7. Subdivider shall submit preliminary grades to the City Engineer for Tank Farm Road underpass prior to final tract map approval. of Alignment and grades of all streets are subject to final approval by the City Engineer. i,p,_,•}� 9O. Tank Farm Road shall be constructed in phases consistent with the Edna -Islay Specific Plan. Initial pavement shall be constructed to a traffic index of 5.5 and final paving shall be constructed to a traffic index of 1.0 0- 10 Subdivider shall dedicate to the city a creek preservation and drainage easement for the drainage channel along the southeast corner of the tract for 100 year storm to the approval of the City Engineer. �11.� Subdivider shall construct detention basins shown on the. tentative map,. `/ pursuant to detailed plans, to be approved by the City Engineer. 012. Subdivider shall submit. a maintenance schedule to be fulfilled by the Homeowners' Association for the detention basins, subject to approval by the City Engineer. The maintenance schedule shall include periodic report to t the city of the condition_ of the detention basins for the life of the basins. The maintenance schedule and reporting procedue shall be approved by the City Engineer. C13) Subdivider shall submit a hydrology study with calculations supporting the design of the drainage facilities, including detention basins within the tract, consistent with the Edna -Islay Specific Plan and Nolte study to the '17 approval of the City Engineer. Resolution No. 4963 (1982 Series) Tract 929 Page 3 14 Subdivider shall submit evidence to the basin outside the tract will belong in Homeowners' Association for the tract. 4� J City Engineer that the detention fee or by ,permanent easement to the Detention basin installation shall be phased as follows: Phase I: Wester:ly.Basin Phase III: Southerly Basin Phase V: Easterly Basin 1 15 All utilities (existing and new) in the tract shall be underground in lylv`�" easements-to the approval of the utility companies and City Engineer. Subdivider shall establish a property owners' association.of lots 1 through III and lot 113 to the approval of the Community Development Director prior wwww _/j to approval of the final map. CC &R's shall provide for the owners of said lots owning and maintaining (1) railroad buffer area at the east tract boundary adjacent to Southern Pacific Railroad (2) all storm water detention basins (3) linear park, and (4) planter in front of wall on Industrial Way. 17 Subdivider shall submit for Community Development Director approval a. `j detailed landscape improvement .plan for (10 railroad buffer area; (2) lineal j parks; and (3) detention basins; and (4) 10 -foot setback along Industrial Way. Plan shall be prepared by licensed landscape architect and shall be consistent with concepts and requirements of the Edna -Islay Specific Plan. Plan shall be implemented in phases by the subdivider to the approval of the Community Development Director. 18 Subdivider shall install a 6 -foot masonry wall along Industrial Way frontage of the tract, to the approval of the Community Development Director. Property owners' association should maintain design to the approval of.the n d Community Development Director. n 19 Final map shall note all existing easements. 209 Final map for Phases V and lot 69 through 75 a right- of-way and_ house 7 Development Department, lots, as prescribed in said lots shall conform Plan. and VI shall contain a note that lots 49 through 52 re contiguous to Southern Pacific Railroad plans are subject to design approval by the Community consistent with noise protection provisions of said the Edna - Islay Specific Plan. The development of to the concepts outlined in the Edna -Islay Specific 21 Final map shall note that all lots within the subdivision are subject to r� energy conservation measures prescribed in the Edna -Islay Specific Plan at V the time they are developed. All lots in the tract shall be developed consistent with energy conservation measures in the Edna -Islay Specific Plan Resolution No.4963 (1982 Series) Tract 929 Page 4 23. Final map shall show 1.6 acre lot at the east corner of the tract numbered as lot 113. 24. Bike lanes and sidewalks along Tank Farm Road shall transition from parkway area to normal on- street location at intersections to the satisfaction of the City Engineer. 25 Street trees on large lots to be further subdivided and commercial lots may j be postponed until developed or further developed. W y 26 Pedestrian crosswalks shall be designed utilizing alternative materials to tP r the satisfaction of the City Engineer and Community Development Director. Landscaped medians at intersections shall be deleted. i 2J Sewer and water mains are subject to modifications of alignment, size and 9Q w grades to the satisfaction of the City Engineer. 5 29 Street lightpoles shall be installed by the subdivider and owned by the . city. Maintenance and service to luminaries to be under PG &E jurisdiction. a (20-1) Fee for traffic control signs and street name signs shall be,paid to the y city prior to final map approvals, as determined by the City Engineer. Subdivider shall pay a proportionate share of the cost to install a future traffic signal at Tank Farm Road and Broad Street (State Hwy. 227) prior to recording Phase I. Fee to be based upon ratio of total contribution from �M o/ Edna -Islay Specific Plan and traffic generated on Tank Farm Road. Subdivider is required to negotiate with Cal -Trans for said installation. 31 Sewer lift station and water fees shall be paid prior to recordation of each _'a phase as determined by the City Engineer. 32. Subdivider shall offer a 10 -year option to purchase at fair market value, ` lot 110 within the subject tract, to the San Luis Obispo Housing Authority for the purpose of developing assisted housing. The option agreement shall be approved by the Community Development Director. Subdivider shall pay park -in -.lieu fees equal to the value of R -1 zoned land. 60-1 The fees will be refunded by the city if and when all parkland is dedicated in -lieu to the city.. cJ 34 Fire hydrants shall be provided as required by the city Fire Marshal. All hydrants shall provide 1500 gallons per minute and be served by loop water lines consistent with the Edna -Islay Specific Plan. Resolution No. 4963 (1982.Series) Tract 929 Page 5 35.k Subdivider shall pay to the city $10,430.00 to pay for the cost difference to the city for a larger fire truck for city Fire Department to serve the Edna -Islay area. Subdivider shall install pre = emptive traffic signaling Ftt ids` �{C system .for Broad Street and Orcutt Road, to the approval of the Fire 3 4 ' Department. Subdivider shal be responsible for all permits for j -� installation. 1lpw�� Final map shall note all buildings in the tract shall be provided with Class S A fire restrictive roof construction. Class B roof construction is prohibited. E -s 39. �J" 1 w, V 5 41 �(5 r W � 43 S s�.p rl Final map shall note there shall be a minimum of 10 foot spacing between all buildings built in the tract. . Subdivider shall secure a permit from the State Department of Fish and Came . to realign the creek at Tank Farm Road bridge crossing. Subdivider shall prepare a landscape plan for creek enhancement and revegetation at the bridge crossing for the full length of the creek borderning this tract to be approved by the Community Development Director. The creek enhancement shall be installed concurrent with public improvements of the first phase. The subdivision shall conform to designs and standards required in the Edna -Islay Specific Plan. All lots shall be graded at a uniform 2% slope for drainage. Subdivision improvements shall be consistent with standards in the Edna -Islay Specific Plan. This resolution shall. be effective upon the effective date of Ordinance No. 937 rezoning this property from R -1 -SP and C -S to R -2 -SP, C -9-SP, and C OS- 40 -SP. In the event Ordinance No. 937 _, is not effective on or before November 30, 1982, this resolution shall expire. The tentative map hereby approved shall expire 24 months from the date of adoption of this resolution, unless extended by later action of the council. A Resolution No. 4963 Tract 929 Page 6 (1982 Series) On motion of Councilman Settle , seconded by._Councilman Griffin. and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21st day of qpp Pmh,-r, 1982. ATTEST: City C1 rk' Pame a Vo AP D City Administrativ Offi er City Attorney Community Development Director M or 1 nie C. Bi lig 0 r 0 %N ammeamm NO So2 91G � B9� BGa CoLUM,�i/Y� C r. 835 S¢7 869 �Q0 13 o $ol0 on 83S 854 87o ;5- 017 831 S45 gs G a Q O7 FA- T SG S � � N v W _ h AN,�' i city T/2ACT 929 - Sail LUIS OBISPO ADD/2E5S /5rRE.ET /Y,AI '5 PLAN Department of Community Development SH• 2 �F 3 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 l/ 9© ® q© 9G 47 9B 9/0 913 3f 996 9S8 970 gZ i Bol�G4�iyli /LL,EA ST 9di 9/S _92l 933 94s 957 T73 N 0 V m O 9S� 9�8 q8o 99 908 9zo 93Z 4 - CCLAMEN q q 9Os 7/1 q31 T#3 953 q(,5--q7-37 7© 71 w I ® O \Wf1 N 9® q® ®9g® y® ® m LQ ¢ 96y y 9 °3 o-r 42s 93�EU�i ,LIY. � .999 ��° 97S 995 9ss V ® !g 9�5 97s 987 J o� m a iY% city of 7,42ACT 9Z9 A san Luis oBIspo Avb 15MEEr)Ya14E RL4N' Department of Community Development 3 OF 3 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 A G R E E M E N T THIS AGREEMENT dated this 4th day of December,1984,by and between Santa Lucia Hills, Inc., herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of. San Luis Obispo, State of California, description of which is shown on final map of Tract 1123, City of San Luis Obispo, California, as approved by the City Council, on the 4th_ day of December_: , 1984 wHEREAS,the Subdivider desires that.said Tract 929 (Units 5 and 6) be accepted and approved as a final map pursuant to the.Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WFEREAS, it is a condition of said regulations and ordinances that the Subdivider agree to install-the improvements as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision.ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the Inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications.. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the 2 Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of.all public improvements unless specifically approved by the City Council. The Subdivder does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. 1. The Subdivider shall deposit a nionuumentation bond of $2,714.00 to cover the installation of survey monuments in accordance with the approved map and "payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider shall pay water. acreage fees of $1.5,787.60 (13.61 AC x $1160 /AC). 3. The Subdivider shall pay Rockview -Tank Farm lift station fees of $5,371.00 (3 x 13.61/AC x $131.5479/gpm)r 4. The Subdivider shall pay a park -in =lieu fee of $62,508.60. This will be refunded when the developer later dedicates a park that is accepted by the City.as per Condition 33 of Resolution No. 4963 (1982 Series). 5. The Subdivider shall be responsible for landscaping the _retention basins, linear park, and Tank Farm Road parkway, according to the conditions of approval, plans and Edna -Islay Specific Plan and shall be responsible for maintenance for one year after acceptance of work as complete, or until taken over by the Homeowner's Association in the case of the retention basin and linear park. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section.lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions'-' for Survey of Public Lands of the united States, published by the Commissioner of General Land Office, Department of Interior, Washington, DC. K 0 The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (irrevocable commitment of funds for payment of performance) approved by and in favor. of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (irrevocable commitment of funds for payment of performance) is in the amount of $930,00.0.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or- materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7'and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the. Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the.date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress . inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement.. 4 If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bondf instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material �bond"(irrevocable commitment of funds for payment of Labor & Materials) in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $27,900.00, from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $27,900.00, the difference is to be paid by the Subdivider., The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. 5 a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this.agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO .'i CIT CLERK PAMELA �5� Approved as to form: City At =ney 'dity Rngineer SUBDIVIDER BY: CHARLES E. FRENCH N- FRENCEr- 11 RESOLUTION N0. 5571 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BARRY L. WILLIAMS FOR THE SALE OF PROPERTY AT THE SOUTHEASTERLY CORNER OF CHORRO AND WALNUT STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. That an agreement, attached and marked Exhibit "A ", between the City of San Luis Obispo and Barry L. Williams for the sale of property at the corner of Chorro and Walnut Street is hereby approved and the Mayor is authorized to execute the agreement. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Barry L. Williams and the City Engineer. On motion of -Councilman Settle , seconded by - Councilman Dunin -.., and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 4th day of December •- 1984. ATTEST: City/Clerk P a V s R 5571 Resolution No. 5571 (1984 Series) Page 2 -City At r rney City Development Director 0 L, GU1iiic�ms .� �' vx ��- iheenn� B Frerl3131,061 � THIS AGREEMENT,, executed this .4th day of December 1984, by and between BARRY L WILLIAMS, hereinafter called "Williams" and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter I called "City"t witnesseth: 1. City shall convey to Williams property at the southeasterly corner of Chorro And Walnut Streets as indicated on the attached Exhibit A. Z. Williams shall pay the sum of nine thousand three hundred ($9000) dol ce -lars to City. A parcel map shall be recorded to reflect the new parcel, in accordance with the City's subdivision ordinance. Williams shall offer to dedicate additional C I horro Street .. :right-of way to the City as indicated I on the attached Exhibit A.' le� ATTESTZ • -�.4Ll o( Cit4 Clerk Pam-el.& V0904 U APPROVED: Community Welopment Director P Street Partnership By r3_ Barry Will';`, General Partner C WALNUT STREET b5. -03' .o� � 1. SO' N3sb 51, w 4C�I ...... .. ..... .......... CPO Al 22H ZA �T In z 00 PDRTION OF STREET S40 091 E I- W. .'X SEWER EASEMENT A2 SQ FT FEsmuni7m: % X Ch. C� 60 vc 34 L 7- SCALE 111 060, b PEAGH t%T INEET city of LL Rr-r-MENT TO aLL PIRD FERTY AW San WI OBISPO soul AsT x CM-9 -ent of Community De4elopment M STRUT Palm Street/Post Office Box 321. San Luis Obispo, CA 93406 WALNUT ff CORK0, STET DATAPRINT- N15581 -- NOV 19" Ll-� t,�' Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 DOC.NO 07o7sl OFFICIAL F&COFMA SAW LUIS OSISPO CO., CAL DEC 5 1985 FRWIS M. LOONEY County Cyder TM 4 ;30PM RESOLUTION N0. 5570 (1984 Series) '.� .00 Rf A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF STREET RIGHT -OF -WAY AT THE SOUniEASTERLY CORNER OF CHORRO AND WALNUT STREETS IS UNNBCESSARY.FOR PRESENT OR PROSPECTIVE PUBLIC STREET.PURPOSES AND O RDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENT RESERVATIONS AND SALE TO ADJACENT CONTIGUOUS PROPERTY OWNER. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on June 1, 1984, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of street right -of -way at the southeasterly corner of Chorro and Walnut Streets as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein is not necessary for present or prospective public street purposes. SECTION 2. This Council hereby orders the abandonment of said right - of-way subject to: (a) sale of same to the adjacent contiguous . property owner, and (b) reservation of an easement for present and future City sewer purposes. SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo, upon VOL 2 779 PAGE 281 lt 5573 Resolution No. 5570 (1984 Series) satisfaction of the sale mentioned in Section 2 (a) above. on motion of Councilman Settle and on the following roll call vote: Page 2. , seconded by Councilman Dunin AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 4th day of December 1984. ,..,,ATTEST: t F CITY, CrMK P 1` J y J APPROVED: City mministi"ative dffic 4 City Att rney Cannunity De elopment Director City Engineer VOL 2 (7,9 PAGE 282 ee LU � tiA 4•r IZ.DZ' N 56" 2Y E C WALNUT STREET iv. `�,• �! r r r l c DD PDRTION OF STREET N 540 09' E TO 1% AUND1790 SEWER MEMENT 12ESERVATI�N l 25' /,� II' TD M DEDICATeD L lo 3 d in J SCALE I" 30' M n U PEAGN STREET I of 2 city of AM ONMENT OF EXCESS RMT-OE-WAY San Luis OBI sp0 AT WTHEAsf M CONNEK Department of Community Development ((�� (�pF /`(( (►j�jFp'( 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 WALNUT p�REtT I CHORKo MEET NOV 1914 i VOL 2779ma283 c' LEGAL DESCRIPTION OF CHORRO AND WALNUT STREETS ABANDONMENT. That portion of Lot 1, Block 69; City of San Luis Obispo, County of San Luis Obispo, according to the official map on file in the Office of the Recorder of said county, particularly described as follows: BEGINNING at a point on the westerly line of Chorro Street, distant along said westerly line North 350 51' West, 150.00 feet from the most easterly corner of Block 67, said corner also being the intersection of the westerly line of the above said Chorro Street and the northerly line of Peach Street according to the above said map; thence, North 30 02' 14" East, 79.64 feet to a point on the easterly line of said Chorro Street; thence North 540 09' East, 1.1.00 feet to a point, said point being the True Point of Beginning; thence, North 540 09' East, 9.00 feet; thence North 350 51' West, 54.25 feet; thence, North 560 23' East, 12.02 feet; thence North 280 14' 08" East, 75.61 feet; thence, North 350 51' West, 1.30 feet to a point on the southerly border of Walnut Street (formerly Sycamore Street); thence South 540 07' 40" West along the southerly boundary of Walnut Street 65.03 feet; thence on a curve concave to the east with a radius of 24.00 feet through a central angle of 890 58' 40" an arc distance of 37.69 feet to a point on the easterly line of Chorro Street; thence South 350 51' East, 64.02 feet, more or less, to the True Point of Beginning. RESERVING therefrom to the City of San Luis Obispo an easement for public sanitary sewer purposes over the area above- described EXCEPTING from said reservation that portion lying southerly of a line bearing North 280 14' 08" East commencing at a point distant 43.41 northerly from the True Point. of Beginning. END OF DOCUMENT D. 2 of 2 VOL 2779 PAGE284 ; � �osS n �/� ������ �r��n�/ � % `��or�e� �. ^ �1 RESOLUTION N0.5569(1984 SERIFS) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MONARCH STREET BETWEEN PHILLIPS LANE AND THE SOUTHERN PACIFIG.�r�II BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. It is the intention of the City of San Luis Obispo to abandon right -of -way at the easterly end of Phillips Lane at the Southern Pacific Railroad right 'of -way as shown on the map marked "Exhibit A" attached hereto.and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, January 151985 at 7:0.5 p.m., or such later hour as may be established by the City Clerk, in the Council Chamber of the City Hall, 990 Palm' Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once -in=full at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least fourteen (14) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 5569 Resolution No.5569(1984.Series) Page 2 � J SECTION 6. The proceeding to be taken will be subject to reservation by the city of public right -of -way easements for utilities and subject to such other conditions as the council deems appropriate. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adopt on,_of the Resolution -af Intention in accordance with Section 8347 of the Streets and Highways.Code. On motion of. Councilman - Settle. -.._. ....; seconded by Councilwoman.Dovey.......... and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Duhin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 4th day of December, 1984. Resolution No. 5569 (IS ]Series) Page 3 Administrative O fi O C. s -0 0 o 0- 0' 0 0 0 0 0 0 0 0 0 U G�p��l O 0 0 0 0 O 0 6. O o ol vit.%v 2IJ 4 0 Palo" 0 0 0 0 0 0 IAA Of 1 0 I ok 0 I? ? (D tAH 0 P 10 T. 3nN3AV NOSNHor v 9*,7 Fog bog 00 /LL -v 0 (D I if 0 I o ,V" 147 -rr F-1/& No. In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION _City of San Luis Obispo STATE OF CALIFORNIA, )} ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above - entitled Flatter o; California,- is '$�e• time rid place set for hearing all rersons, interested in or ob- acting ph rofi'or m amthhaan fifteen (15)sdays 'rom.•the passage of this resolution. SECTION 4. This' resolur - tion, together with the.ges _ and, noes, shall be:Published mrce in•full at-least three (3) days before the- public•hear- mg'on the PrOPOsedr Ww..',: Tribune e ne spaper8pub- lished and circulated in this . a•SECTION•5: The Cit� En ! gineer shall. post at east three (3) notices of the •pro- I am now, and at all times embraced .. -- 8322 of the ,Streets and ' Hirwaayyss Code. The in the publication herein mentioned was, the principal clerk ECTION :6. proceed- In g to• be- taken• will be subject to reservation f the city of public right -o -way Alines and easements for 'subject-to such other. condi. of the printers and publishers of the SAN LUIS OBISPO P P •tiom as the counyd deems appropriate. SECTION 7. The CityEn- COUNTY TELEGRAM- TRIBUNE, a newspaper of general cir- _ gineer shall notify utility 4_� ettyof companies affected by the s 'at `�.Sd11;h11S 0815Do roposed -abandonment j Peast., ten. (10) `days ;after . a culation, printed and published daily, Sundays excepted, at 1 RESOLUTION NO. 5569. adoption of the Resolution of 1 Intention accordance, with •m (1984'SERIES) Section 8347 of the Streets. A RESOLUTION OF ' the City of San Luis Obispo in the above named county and and ".Highways'Code:. INTENTION TO ABANDON A On motion of Councilman PORTION OF MONARCH Settle seconded by Council - STREET BETWEEN PHILLIPS__ woman, Dovey: and on the state; that _Resolutian_ilq ._5569 LANE AND THE SOUTHERN, tollowin oil call vote: . PACIFIC RAILROAD AYES: CCounc'ilmembers Sit -' RIGHT -0F -WAY tie • Dovey,. Dunin and Mayor BE IT'- RESOLVED bfy the , B)IL Bill — — --'— I Council • of the 'City o San. - B Luis Obispo as follows: ABSENT: uncilman Griffin ' is the in- SECTION .1. It the foregoing resolution• was te�ion the City of • San and adopted this 4th Obi to abandon HBht- Ply ism r Luis o tuber, X84 , of -way at the easterly end of . of M41ame•C; 811lig. " ti -• Phillips Lane at the SSOUt -. of which the annexed clipping is a true printed copy, was -way Pacific Railroad right-of -waY; ATTEST: . published in the above -named newspaper and not in any as shown on the map marked , slPamela Voges "Exhibit attached- hereto City Clerk supplement thereof — on the following dates, to-wit: ,A" and incorporated herein by such reference, pursuant to Section 8300;et:•seo otthe'� Streets and Highways6ode.. SECTION 2. Copies Wthe - map showing the, particulars- Of the proposed abandon- 'on Jan. 12s 1985 ment are also file in;the. —'— office of the Cdyy Clerk.. ^' Tuesday, Jan- SECTION .3. •uary 15,.1985.at 7:05 P.M., t or such later our as maybe N City that said newspaper was duly and regularly ascertained and established by'.the Clerk, in the. Council Chain- �gT established a newspaper of general circulation by Decree ber of the City Hall, 990 palm Street, San Luis Obis- Jan. 12, 1984• dv5541t entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certify (or declare) under penalty of perjury that the fore- going is and correct. (Signature of Principal Clerk) Jan. 12 85 Date 1 19 t I t Q M C tr A C O 3 n. �1 Q FN cn O �a G L P C ° N O W N u i � I i m. m I � Q M C tr A C O 3 n. �1 Q FN cn O �a G L P C ° N O W N u SY �� RESOLUTION NO. 5568 (1984 Series) city Of s Luis OBISApO WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Janet Rrahling, Central Coast Interior Designers' Association, for designing the Master Bath and Closet, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call. vote: AYES: Councilmembers Settle, Dovey, NOES: none ABSENT: Councilman Griffin the foregoes Resolution was adopted on CW�l�ll:�Z131��11 Dunin, and Mayor Billig 4, 1984. ILLIG r R 5568 1a2 -ac RESOLUTION NO. 5567 (1984 Series) city Of sAn leis OBIspo WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic.home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Terry Adams, Central Coast Interior Designers' Association, for designing Ethel's Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego'ng esolution was adopted on pecPmber 4 ,1984. the forego(�9 E C.CBILLIG R 5567 152414 RESOLUTION NO. 5566 (1984 Series) WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence., bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Jeanne.Wilson, Central Coast Interior Designers' Association, for designing Howard's Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoipg­,,Resolution was adopted on December 4, 1984. IE C R 5566 ,sza RESOLUTION NO. 5565 (1984 Series) city of son Luis oBispo Resotution or appreciation WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Maureen Morrow, Central Coast Interior Designers' Association, for designing the Dining Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foreg in Resolution was adopted on December, 1984. E C. BILLIG R 5565 152-84 i RESOLUTION NO. 5564 (1984 Series) city of Sm', WIS 0BRen"ap"O WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister. Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the.City, through their deed, to establish the Jack Residence Committee which would he responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual.expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence.Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this.long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Sheila Underwood, Central Coast interior Designers' Association, for designing the Dining Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin_, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego'ng esolution. was adopted on December_4, 1984. A IEAANIE C. RLLLIG R 5564 ,52.84 ;r. RESOLUTION NO. 5563 (1984 Series) city Of son foie 0B1ZS*P'N0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to.planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 26, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Marilyn Moore., Central Coast Interior Designers' Association, for designing the Dining Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through.. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregopfg -) Resolution was. adopted on December 4, 1984. C. R 5563- ip2 -8a RESOLUTION NO. 5563 (1984 Series) city Of son foie 0B1ZS*P'N0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to.planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 26, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Marilyn Moore., Central Coast Interior Designers' Association, for designing the Dining Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through.. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregopfg -) Resolution was. adopted on December 4, 1984. C. R 5563- ip2 -8a RESOLUTION NO. 5562 (1984 Series) city of son Luis IS OBISpo WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2,761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others:; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 2.0, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special.individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Amanda Lambert, Central Coast Interior Designers' Association, for designing the Living Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi g- *kpsolution was adopted on December 4, 1984. IE C. BI R 5562 1528= RESOLUTION NO. 5561 (1984 Series) city of s Luis OB]Zn)*P'-%O WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special, community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special.individuals on the Committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Charise Rosenthal, Central Coast Interior Designers' Association, for designing the Library, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle.,. Dovey; Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi /"solution was adopted on December 4, 1984. C R 5561 52-84 k RESOLUTION NO. 5561 (1984 Series) city of s Luis OB]Zn)*P'-%O WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special, community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special.individuals on the Committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Charise Rosenthal, Central Coast Interior Designers' Association, for designing the Library, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle.,. Dovey; Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi /"solution was adopted on December 4, 1984. C R 5561 52-84 RESOLUTION NO. 5560 (1984 Series) city of s Luis oBizopo WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the ,Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the.gift of the Jack Residence to the City and established the Jack Residence Committee.by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented . the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee.has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the Completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have.participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Angeline Vollmer, Central Coast Interior Designers' Association, for designing Gertrude's Room, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: .AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego* ) esolution was adopted on December 4, 1984. PAMELA VOGn M, YORIMELA\IE C. 'B 152.84 RESOLUTION NO: 5559 (1984 Series) city Of Sou Luis 0B1kqS4`*P`%0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in Administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has., since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of .the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Suzanne Watkins, Coordinator, Central. Coast Interior Designers' Association, for designing the Kitchen and Master Bedroom, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call_ vote: AYES.: Councilmembers Settle, Dovey, NOES: none ABSENT: Councilman Griffin the foregoicj�esolution was adopted on Dunin, and Mayor Billig 4, 1984. IE 0 R 5559 152.84 RESOLUTION NO. 5558 (1984 Series) 1 city of Sams', Luis OBISAP"O WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning; designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Mrs. Frank K. Houston, for donations to the project, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Davey, and on the following roll call vote: AYES: Councilmember.s Settle, Davey_, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi"esolution was adopted on December 4, 1984. E C. BILLIG 15284 RESOLUTION NO. 5557 (1984 Series) city Of son Luis OBlawipo WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be.responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place.in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS,. in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House., and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have.participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Virginia Jack Sinton, for donations to the project, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers.Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego Resolution was adopted on December 4, 1984- MAYOR MELANIE C. BI R 5557 152-Bt RESOLUTION NO. 5556 (1984 Series) city of sAn Luis oBispo Resotution of AppizeciAtion WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Kathleen Kaetzel, for donations to the project, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego ng Resolution was adopted on D cembe 4, 1984. CITY CLERK PAMELA VOG4Sf �� NAAR ? LANIE C. BILLIG 152.84 RESOLUTION No. 5555 (1984 Series) WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and. WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the.Jack Residence Committee by Resolution No: 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin; devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room com_olcmeated the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very .special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project; and hereby adopts this Resolu- tion of Appreciation in honor of Margaret Kaetzel, for donations to the project, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through.. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the forego ng Resolution was adopted on DeCamber 4, 1984. V IE C. ILLIG 152 ea RESOLUTION NO. 5554 (1984 Series) city Of Sm", LUIS OBISPO Resotution or AppReciAtion WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Phyllis Jack Sinton, in memoriam, for donations to the project, as an expression of deep thanks for her devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregq n Resolution was adopted on December 4, 1984. C. R 5554 ,52-84 n• RESOLUTION NO. 5553 (1984 Series) city of SA% WIS OB1nP 0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City., through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure . that the renovation was authentic in detail and coordinated .so that each room complemented the others; and WHEREAS; in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Leavitt Floor Company, for donations to the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through: On motion of Councilman Settle., seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle., Dovey NOES: none ABSENT: Coyxtcilman Griffin the foregoffig�,Resolution was adopted CITY CLERK Dunin., and Mayor Billig , 1984. R 5553 152-84 RESOLUTION NO. 5552 (1984 Series) city of sAn Luis oBiz)po WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975`; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each "room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the:volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Site and Environmental Design (SEDES), for donations to the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Duni_n, and Mayor Billig NOES: none ABSENT:. Councilman Griffin the foregfutiw Resolution was adopted on December 4, 1984. %.- / A 1 , Z . I: , s2.8 -� sc. u •� RESOLUTION NO. 5551 (1984 Series) City of son Luis 0B1!Q"3'1P`%0 WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April lb, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun leers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of Obispo Beautiful Association, for donations to the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll Cali vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoo"esolution was adopted on D.ecembe-r—d-, 1984 .. E C. B R 5551 : , . 152-8- 4 RESOLUTION NO. 5550 (1984 Series) city of sAn Luis oBispo Resotution of APPRCCIAtion WHEREAS, the Jack Residence was deeded to the City of San Luis Obispo by the heirs of its original owners, Nellie Hollister Jack and Robert Edgar Jack, on April 15, 1975; and WHEREAS, the Jack family heirs directed the City, through their deed, to establish the Jack Residence Committee which would be responsible for advising the City Council in administering the Jack Residence for the greatest possible public use and enjoyment; and WHEREAS, the City Council accepted the gift of the Jack Residence to the City and established the Jack Residence Committee by Resolution No. 2761 (1976 Series); and WHEREAS, the Jack Residence Committee has, since its origin, devoted thousands of hours of personal time and their individual expertise to planning, designing and carrying out the complete renovation of the Jack Residence, bringing this historic home back to a central place in our community's life; and WHEREAS, the Committee assembled several professional decorators who worked to insure that the renovation was authentic in detail and coordinated so that each room complemented the others; and WHEREAS, in addition to the renovation and decoration of the home itself, the Jack Residence Committee has worked with community service groups and individual volunteers in a variety of projects which have helped to improve the overall property such as the Gardens, the Carriage House, and fencing; and WHEREAS, on July 20, 1984, the Jack Residence Committee organized and sponsored a special community gala open house to honor the volunteers and decorators, and to formally present the completed project to the community; NOW, THEREFORE, the City Council of the City of San Luis Obispo, in grateful apprecia- tion for all of the endeavors which the Jack Residence Committee has performed, wishes to honor these very special individuals on the committee, on City staff, and community volun- teers who have participated in this long rewarding project, and hereby adopts this Resolu- tion of Appreciation in honor of First Bank of San Luis Obispo, for donations to the project, as an expression of deep thanks for their devotion to the community and hard work in seeing this project through. On motion of Councilman Settle, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: none ABSENT: Councilman Griffin the foregoi solution was adopted on December, 4, 1984. 17�D , LA 0 CITY LERK PAMELA VOGES ( YOR IE C. BILLIG _ ` C R 5550 :sza