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HomeMy WebLinkAbout04/23/19342 At the request of N.F: Kriner the petition of E.V.Heller, et.al. in re proposed amendment to Contractor's license Ordinance was laid over to the first meeting in .,gay. There was discussion relative to proposed amendment to the present Tax Ordinance tter to be taken up at the nest meeting. On motion of L.J.Defosset seconded.by R.P.Howell the meeting adjourned to ay, April 23rd. 1934, at 7. :30 P.M. a : J.B.Berkemeyer, L.J.Defosset, R.P.Howell, Joseph Leary, L.F.Sinsheimer. idoes : None. Absent : None. proved this day of 19340 City- Clerk 1 ayor... . Monday, April 23rd 1934 - 7 :30 P.Mo The.:•Councillmet in regularly adjourned session.. Present Mayor L.F.Sinsheimer presiding, Councilmen L.J.Defosset, R.P.Howell, Joseph Leary; and Callie Id, John, Clerk; Absent : Joseph B. Berkemeyer. The application of Mars. V. Jacobson for permit to replace sign at 1611 Morro Street granted on motion of L.J.Defosset seconded by 3.p.Howe11 with the provision that installation be made in accordance with provision of Ordinance. Application of the Santa :.:aria Gas Company for permit to replace old 2" Main with 3 ",Main on Kill Street between Santa 3osa Street and Chorro Street, and on Morro Street between Idill'Street and Peach Street, and on Chorro Street between Mill Street and Peach Street was granted on motion-of L.J.Defosset seconded by Joseph Leary. On motion of L.J:Defosset seconded by R.P.Eowell the petition of halter Pitts, et.al., for improvement of certain Streets in the Terrace Hill District was referred to the Commissioner of Public Works and the City Engineer for report, along with petition of a like nature filed by Chester E. Brune, April 16th 1.934, Resolution No. 384 ( New Series ) A Reablution re application to State Board Public Health for permit to dispose of the Sewage effluent of the present clarifier for Irrigation of private lands, was introduced and adopted on motion of L.J.Defosset sec by E.P.Howell by the following vote: Ayes : L.J.Defosset, R.P.Howell, Joseph Leary, L.F.Sinsheimer. idoes : None. Absent : Joseph B. Berkemeyer. On motion of L.J.Defosset seconded by R.P..Howell the application of Virginia Ilay Jacobson for license for Lodging House at 1011 Morro Street was granted. The following applications for permit to hang signs were granted on motion of L.J.Defoseet seconded by R.P.Howell with the provision that work be done in accordance with Ordinance and under the supervision of the City Engineer: Cline's Electric Shop - Neon Sign for Jerry Jerram on Osos St between Monterey & Higuera St Cline's Electric Shop - Wooden Sign at 779 Marsh Street for Pay'n Takit Store. 1 1 1 1 fl 1 D 1 1 1 The petition of F.C.Kimball for permit to install 1 - 10,000 gallon under- ground gasoline storage tank at 263 Higuera Street was granted with the provision that installation comply with specifications of Board of Fire Underwriters and that work be done under the supervision of the City Engineer. Resolution No. 385 ( New Series ) A Resolution Rescinding Resolution No.383 ( New series ) pertaining to a Grant Agreement with the United States of America etc., was passed and adopted on motion of L.J.Defosset seconded by R.P.Howell by the following v Ayes L.J.Defosset, R.P.Howell, Joseph Leary, L.F.Siusheimer. Noes : None. Absent : Joseph B. Berkemeyer. On motion of Councilman R.P.Howell; seconded by Councilman L.J.Defosset, the following resolution was adopted by the following vote to -wit: Ayes : Councilmen L.J.Defosset, R.P.Howell, Joseph Leary, Idayor L.F.Sinsheimer. Noes : None. Absent : Councilman Joseph B. Berkemeyer. RESOLUTION NO. 386 (NEW SERIES) A RESOLUTION' CONFIRMING:'ADOPTING,-RATIFYING AND APPROVING THE E)ECUTION OF A- CERTAIN GRANT AGREEMENT - BETWEEN THE CITY OF SAN LUIS OBISPO AND THE UNITED STATES OF AMERICA. WHEREAS, the City of San Luis Obispo, a Municipal.Corporation of-the State of California, did heretofore file with the United States of America an application for a from said United States of America to aid said City in financing the construction of certain proposed improvements to the existing sewage treatment plant now owned and operat by said City, which said application has been assigned Docket Number 2646; and :WHEREAS under date of December Z, 1933, there was forwarded to the City C of said City of San Luis Obispo a grant agreement with the request from the Federal Emergency Administration of Public Works that said grant agreement be executed by the governing body of the City of San Luis Obispo, which grant agreement is in words and figures as follows, to -wit: GRANT AGREEMENT, dated as of 1933, between the CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, CALIFORNIA_,(herein called the "FIRST PARTY "), and the UNITED STATES OF AMERICA (herein called the "SECOND PARTY "). WHEREAS, the SECOND PARTY, Acting in conformity with Title II, National Industrial Recovery Act, (herein called the !Act "), approved June 16, 1933, is authorized and empowered to grant to any State, municipality or other public body not in excess of 30 per centum of the cost of the labor and materials employed upon any public works project of any such State, municipality or other public body when such project has been included in the comprehensive program prepared pursuant to Section 202 of the Act;.and `"HEREAS, the FIRST PARTY has duly filed with the 3r,COND PARTY an application (Docket Number 2646 ) for a Grant to aid in financing the construction of certain proposed improvements (herein called the "Project") to the existing sewage treatment plant, (which together with the Project, is herein called the "plant^), now owned and operated by the FIRST PARTY; and FAH REAS, the FIRST.PARTY has represented that it (a) has full power to and will undertake and complete the Project; (b) will provide from lawful sources, funds, which, together with the amount to be represented by the Grant, will be sufficient to pay all cos thereof; and (c) will apply such Grant solely to the cost of constructing the Project; and WHEREAS, with a view to increasing employment quickly, and to aid said FIRST 3 PARTY in financing the Project, upon the foregoing representations, said Project has-been included in said comprehensive program: NOW, THER3 FORE, THE FIRST PARTY _111D THE SECOND PARTY HEREBY AGREE.: PART ONE PROCEDURE AND GENERAL PROVISIONS 1. Amount, Use and Purpose. Subject to the terms and conditions set forth below, the SECOND PARTY will grant to the.FIRST PARTY an amount not to exceed 30 per centum of the cost of the labor and materials employed upon the Project, (such amount being hereil called the °Grant°), but in no event to exceed in the aggregate S 99000, The FIRST PARTY will accept the Grant, and will construct the Project in accordance with plans and specif- ications submitted to and approved by the SECOND PARTY, all pursuant to Title II of the act. the rules and regulations adopted by the SECOND PARTY relative thereto, and the Constitu- tion and Statues of-the State of California. 2. The Project. The Project (more fully described in the application of the 1 FIRST PARTY), to aid in the financing of which the Grant will be made, is substantially as follows Alterations and additions to existing sewage treatment' Plant situated at San Luis Obispo, California,•as improvements to said Plant, substantially in accord with FIRST PARTY'S application, (Docket'No. 2646), with such minor alterations or modifications thereof or additions thereto as may, from time to time, be approved by the SECOND PARTY before or during the course of construction. 3. Preliminary Proceedings b$ FIRST PARTY, Promptly after receipt from the SECOND PARTY of an unexecuted copy of this Agreement, the FIRST PARTY will: (a) Adopt a.resolution- approving this Agreement, and authorizing and directing the execution and delivery thereof by the officials designated to sign the same on its behalf; ' (b) Send to the SECOND PARTY complete extracts from the minutes of the meetings of the FIRST PARTY'S governing board showing all proceedings taken incident to such authorization, including a copy of said resolution, all duly certified, and three signed copies of this Agreement; (c) Commence all necessary proceedings, if any, to authorize the construct- Ion of the Project, and to obtain funds, which, together with the amount to be represented by the Grant, will be sufficient to pay all t'!h costs of constructing the Project. The term "costs of constructing the Project ", as used in this Agreement, shall include all costs of acquiring all necessary lands, easements, franchises, and rights-of- way necessary to the completion and operation of the Project; ' (d) Apply for all necessary authorizations, permits, licenses and approvals from Federal, State, county, municipal and other authorities for the construction of the Project; (e) Submit to the SECOND PARTY plans, drawings, and specifications of the work and materials called for by all contracts let, or proposed to be let; the latest data as to the expected cost of the Project; a state- ment as to when and how it is proposed to advertise for bids and to let contracts for work; forms of bids, and copies of the advertise- ments thereof if heretofore advertised; a statement as to when it is proposed to acquire the necessary lands, easements, franchises, and rights -of -way; and any other details or data that may be requested by the SECOND PARTY'S engineers. 4. Construction of Project. On or before the date of the execution by 1 1 1 1 1 the SECOND PARTY of this Agreement, the FIRST PARTY may, and within such time thereafter, as shall be satisfactory to the SECOND PARTY, the FIRST PARTY will commence or cause to be commenced the construction of the Project and will thereafter continue the same with all 1 practicable dispatch, in an efficient and.eoonomical manner, at a rbasonable cost, and in accordance with plans, drawings, specifications and construction contracts which shall be in form and substance as approved by the SECOND PARTY. and in accordance with such engine, ing supervision and inspection as the SECOND PARTY or:its.r_epresentatives-may require. Except with the prior written consent of the SECOND PARTY, no materials or equipment for the Project shall be purchased by the FIRST PARTY subject to any chattel mortgage or to any conditional sale or title retention agreement. 5. Completion of Proceedings. As soon as practicable after the execution by the SECOND PARTY of this .agreement, the FIRST PARTY will complete all necessary proceed- ings and procure all necessary authorizations, permits, licenses, and approvals referred to in Paragraph 3 (c) and M. PART ONE, hereof; will obtain the necessary funds, or will take appropriate proceedings to legally obtain the necessary fund, which, together with the amount to be represented by the Grant, will be sufficient to pay all costs of constructing) the Project; and will lawfully acquire all lands, easements, franchises, and rights -of -way' necessary to the completion of the Project, and to-put the Project in operation. 6. First Requisition. After the FIRST PARTY shall have complied with the requirements of Paragraphs 3 and 5, PART ONE, hereof, and shall have expended not less than fifty per centum of the estimated cost of constructing the Project, the FIRST PARTY may, at any time thereafter, file with the SECOND PARTY a requisition, requesting the ,SECOND PARTY to pay to the FIRST PARTY, as provided in Paragraph 7, PART ONE, hereof, the first portion of the Grant, such regnistion to be accompanied by: (a) One certified copy of each necessary authorization, permit, license and approval from Federal, State, county, municipal and other author- ities, for the construction of the Project; (b) A signed and dated opinion of the duly qualified and acting'attorney of the FIRST PARTY to,the effect that the FIRST PARTY has complied wit all the requirements of Paragraph 5,PART ONE, hereof, and that all such proceedings are in accordance with the Constitution and Statutes of the state of California, Such opinion shall also state that the FIRST PARTY has lawfully obtained and /or arranged to obtain the funds, which, together with the amount to be represented by the Grant, may be used lawfully to pay all costs of'constructing the Project; (o) A signed and dated-affidavit of a duly authorized officer of the FIRST PARTY, approved by the engineer or architect in responsible charge of construction of the Project, covering in such detail as the SECOND PARTY'S engineers request: (1) The purposes for which the FIRST PARTY proposes to expend such portion of the Grant; (2) An accon_iting for all deposits in and expenditures from the special account or accounts referred to in Paragraph 2, PART THREE, hereof; (3) The cost of the labor and materials employed upon the Project to the date thereof; (4) (5) The quantities of work actually completed to the date thereof; The amount of funds expended .upon the project to the date thereof; and (6) The amount of funds expended to the date thereof for labor and materials employed upon the Project; 5 {d).. A signed and dated no- litigation certificate of the duly qualified y :,end..act.fng- attorney: of the FIRST PARTY; and (e) A statement by each bank in which have been deposited, in the special account or accounte referred to in Paragraph 2,.PART..THREE, hereof, the funds for the construction of the Project,- ahowing..all deposits made therein and the balance then remaining in each,sueh.special account.. The requistion' and each of the documents acoompanying.asme shall be inform and substance satisfactory to the SECOND PARTY, and, except for U-ne described in Paragraph..6 (6), PART ONE , hereof, shall bear the same date. 7. First Payment, - -..If. each requisition.and documents accompsny.ing. the. same are satisfactory to the SECOND PARTY, then, subject to.the terms and conditions of this Agreement, upon reasonable notice to the FIRST PARTY, and Y& thin a reasonable time after the receipt by the SECOND 2.,MY of such requistion and other documents, (but not earlier 1 than ten days after the.receipt thereof, unless the SECOND PARTY shall waive such time limit), the SECOND PARTY will pay to the FIRST PARTY an amount equal to twenty -five per centum of the total cost of the labor and materials employed upon the Project, as, in the opinion of the SECOND PARTY, is shown in all statements theretofore approved by the SECOND PARTY. Such payment will be made at the Federal Reserve Hank of San Francisco, San Francisco, California, or at such other place. or places. as the SECOND PARTY may designate, against delivery by.the FIRST PARTY of its receipt therefor. 8. Intermediate Requisitions. From time to time after such first payment, but not oftener than once in thirty Jaya, (unless otherwise satisfactory to the SECOND PARTY), the FIRST PARTY may file requistions with the SECOND PARTY, requesting the SECOND PARTY to make additional payments on account of the Grant, each such requistion to be accompanied by: 1 (a) Documents corresponding to those described in Paragraph 6 (b) and (d), PART ONE, hereof; (b) A signed and dated affidavit of a duly authorized officer of the FIRST PARTY, approved by the engineer or architect in responaible.charge'of construction of the Project, covering in such detail as the SECOND PARTY'S engineers may.re.quest: (1) The purposes for which the FIRST PARTY proposes to expend such portion of the Grant; (z); An accounting for all expenditures theretofore made on the Project, in so far as such expenditures have not been previously so accounted for; - (3) The cost of the labor and materials employed upon the project to the date thereof) (4) The quantities of work actually completed to the date thereof; (5) The quantities of work actually completed during each of the periods between all respective requisitions; (6) The amount of funds expended upon the project during each.such period; and (7) The amount of fuiids expended during each such period for labor and materials employed upon the Project; (o) A statement by each bank in which have been deposited, in the special account or accounts referred to in.Paragraph 2, PART THREE, hereof, the funds (including any previous.payments on account of the Grantl for the construction of the Project show ing the balance then remaining in each such special account. III FJ 1 1 provided no each statement need. be.snbmitted by any bank in which no such balance remaine on deposit and which has previously so certified. The requistion and each of the documents accompanying the same.-shall be in form and subs satisfactory to the SECOND PARTY and shall bear the same date. 9. - Intermediate Payments. If such requistion and documents accompanying same are satisfactory to the SECOND PARTY, then, subject to the terms and conditions of this Agreement, upon reasonable notice to-the FIRST PARTY, and within reasonable time after receipt by the SECOND PARTY of such requisition and other documents, the SECOND PARTY will pay to the FIRST PARTY an amount equal to 25 per centum of the cost of the labor and materials employed upon the Project, not exceeding, however, with all previous payments on account of the Grant, an amount equal to 25 per centum of thetotal cost of such labor and materials as shown in the statements theretofore approved by the SECOND PARTY, but in no event, to exceed, together with all such previous payments,.in the aggregate, the sum of place or 7,500 Each such payment shall be made at the /places as hereinbefore provided for against delivery by the FIRST PARTY of its receipt therefor. 10. Final.Requisition. When the Project has been completed and all costs in connection therewith have been determined, then the FIRST PARTY may file the final requisition with the.SECOND'PARTY, requesting the SECOND PARTY to make the final payment account of the - Grant. Such requisition shall be accompanied by.; (a) Documents corresponding to those described in.paragraph 6 (b) and (d ),, and.Paragraph 8 .(a),,-PART ONE, hereof; (b) An affidavit corresponding to that deacribed.in Paragraph 8 (b), PART ONE. hereof, which shall also be approved by the Government Engineer; (a) An affidavit by the engineer or architect in responsible charge of construction of the Project,.(which shall be approved by the Govern - ment Engineer), showing, among other things, and in such detail as shall be satisfactory to the SECOND PARTY:.: (1) The quantities of work completed during each of the periods between the dates of each respective requisition; (2) The cost of labor and materials employed upon the project, the total cost of the Project, and separately, the amounts c such cost expended; and .(3) The completion of the project in accordance with the plans and specifications therefor, The term "Government Engineer" as used herein, shall mean the State Engineer or his duly authorized representative, or any person to whom his duties or i functions may be transferred by the.Federal Emergency Administration of.Public Works, or Its successors. 11. Final'.Pasment. :If such requisition and the documents accompanying the same are satisfactory to the SECOND PARTY, then, subject to the terms and conditions of this Agreement, upon reasonable notice to the FIRST PARTY, and within a reasonable time after receipt by the SECOND PARTY of such requisition and other documents, the SECOND PAR will pay to the FIRST PARTY a sum of money, which, together with all payments theretofore made on account of the Grant, shall not e#Qeed 30 per centum of the cost of labor and materials employed upon the.Project, but-in no event, to exceed, in the aggregate, togethe with all Bach previous payments, the sum of $'9,000. Such final payment shall be made at the place or places as hereinbefore provided for, against delivery by the FIRST PARTY of its receipt therefor. e A am -PART TVIO- _:._ . CONSTRUCTION' CONTRACTS _ I. `Construction Contracts. All construotion contracts made by the FIRST PARTY and all subcontracts for work on the Project shall be subject to the rules and regulation adopted by the SECOND PARTY to carry out the purposes and control the administration of the Act, and shall contain provisions appropriate to insure that; (a) Convict Labor. No convict labor shall be employed on the Project, and no materials manufactured or produced by convict labor shall be used of the Project. (b) 30-Hour-Week. Except in executive, administrative and supervisory positions, so far as practicable and feasible in the judgment of the SECOND PARTY, no individual directly employed on the.project shall be permitted to work more than thirty'houra in any one week, or, except in cases of emergency, on any Sundays or legal holidays; but in accord- ance with rules and regulations from time to time made by the SECOND PARTY, this provision shall because of inclement weathe be made up in the suceeding (c) pages. (1) All employees shall be be construed to permit working time lost r or unavoidable delays in any one week, to twenty days. paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort; (2). All contracts and subcontracts shall further prescribe such minimum wage rates for skilled and unskilled labor as may be determined by the SECOND PARTY and shall be subject to all rules and regulations which the SECOND PARTY may promulgate in connection therewith. Such minimum rates, if any, shall also be stated in all proposals of bids submitted, including those of sub- contractors; and a clearly legible statement of all wage rates to be paid the several classes of labor employed on the work shall be posted in a prominent and easily accessible place'at the site of the work. All contractors shall keep a true and accurate record of the hours worked by and the wages paid to each employee and shall furnish the SECOND PARTY with sworn statements thereof on demand; (3). All employees shall be paid in full not less often than once each week and in lawful money of the United.States of America in the full amount accrued to each individual at the time of closi ng of the pay roll, which shall be at the latest date practicable prior to the date of payment, and:there shall be no deductions on account of goods purchased, rent, or other obligations, but such obligations shall be subject to collection only by legal process.. (d) Labor Preferences. Preference shall be given, where they are qualified, to ex- service men with dependents, and then in the follosd ng order; (1) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the City of San Buis Obispo, and /or County of San Luis Obispo, in the State of California; and (2) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State-of California; provided, that these preferences C 1 1 1 1 shall apply only where such labor is available and qualified to perform the work to which the employment relates. (e) Employment Services. To the fullest extent possible, labor required for the project.and appropriate to be secured through employment services, shall be chosen from lists of qualified workers submitted by local employment agencies designated by the iTnited States Employ- ment Service; provided, however, that organized labor, skilled and unskilled, shall not be required to register at such local employment agencies but shall be secured in the customary ways through recognize union locals. In the event, however, that qualified workers are not furnished by the union locals within 48 hours (Sundays and holidays excluded) after request is filed by the employer, such labor may be chosen from lists of qualified workers submitted by local employment agencies designated by the United States Employment Service. In the selection of workers from lists prepared by such employment agencies and union looals, the labor preferences provided in paragraph 1 (d), PART TWO, hereof, shall be observed in accordance with such rules and regulations as the SECOND PARTY may prescribe. (f) Haman Labor. In aocordam a with such rules and regulations as the SECOND PARTY may prescribe, the maximum of human labor shall be used in lieu of machinery wherever practicable and consistent with sound economy and public advantage; and to the extent that the work may be accomplished at no greater expense by human labor than by the use of machinery, and labor of requisite qualifications is available, such human labor shall be employed. (g) Accident Prevention. Every construction contract for work on the Project shall contain an undertaking to comply with all applicable provisions of the laws and building construction codes of the State, Territory, District and /or municipality in which the work is done, and with any regulations for the protection of workers which may be promulgated by the SECOND PARTY. (h) Compensation Insurance. Every construction contract for work on the Project shall contain a provision requiring the employer to furnish compensation insurance for injured workers and to give proof of such adequate insurance satisfactory to the SECOND PARTY. (i) Persons Entitled to Benefits of Labor Provisions. Every person who performs the work of a laborer or of a mechanic on the project, or an part thereof, shall be entitled to the benefits of the labor and wage provisions hereof, regardless of any contractual relationship between the contractor or subcontractor and such laborer or mechanic. There shall be no discrimination in the selection of labor on the ground of race, creed or color. (j) Bonding of Contracts. Construction contracts shall be supported by adequate surety or other bonds or security satisfactory to the SECOND PARTY for the protection of labor and material -:men employed on the Project or any part thereof. (k) Materials. So. far as articles, materials, and supplies produced in the United States are concerned, only articles, materials and suppli produced under codes of -fair competition adopted pursuant to the provisions of Title I of the Act, or under the President's Reemploy- ment Agreement, shall be used in work on the Project, except when ff =tlie 'SECQHD'pA_ RTY °determines thit'thi's requirement I not in the public interest or that the consequent cost is unreasonable. So far as feasible and .practicable, and subject to the above, preference shall be given to the use of locally produced materials, if such use does not involve higher cost, inferior quality, or insufficient quantity, subject to the determinat- ion of the SECOND PARTY; but there shall be no requirements providing price differentiations for or restricting the use of materials to those produced within the Nation or State. (1) Inspection and Records. The SECOND PARTY, through its authorized agents, shall have the right to inspect all work as it progresses and shall have- excess to all pay rolls, records of personnel, invoices of materials, and other data relevant to the performance of the contract. (m) Reports. Subject to such rules and regulations as the SECOND PARTY may prescribe, contractors and subcontractors shall make reports in triplicate to the SECOND PARTY monthly within five days after the close of each calendar month on forms to be furnished by the United States Department of Labor, which reports shall include the number of persons on their pay rolls; the aggregate amount of the pay rolls; the man -hours worked; wage scales paid to various classes of labor; and the total expenditures for materials. The contractors shall also furnish to the SECOND PARTY the names and addresses of all subcontractors at the earliest dates practicable. (n) Compliance with Title I of the .gat.. All contractors and subcontractors must comply with the conditions prescribed in Section 7 (a) (I) and Section 7 (a) (2) of Title I of the"Act. 2. Restriction as to Contractors. No contract shall be let to any contractor subcontractor who has not signed and complied with the applicable approved code of fair competition adopted under Title I of the Act for the tradet:or industry or subdivision thereof concerned, or, if there be no such approved code, who has not signed and complied with the provisions of the President's Reemployment Agreement. 3. Termination for Breach. The FIRST PARTY will enforce compliance with all:2proIvisions this part of this Agreement, and, as to any work done by it in connection with the construct. ion of the Project, will itself comply therewith. All construction contracts shall provide that if any such provisions are violated by any contractor or subcontractor, the FIRST PARTY may, with the approval of the SECOND PARTY; and shall at the request of the SECOND PARTY, terminate by written notice to the contractor or subcontractor, the contract of such contractor or subcontractor, and have the right to take over the work and prosecute the same to completion by contract or otherwise and such contractor or subcontractor and his sureties shall be liable for any excess cost occasioned thereby and /or, if so requested by the SECOND PARTY, the FIRST PARTY shall withhold from such contractor or subcontractor so much of the 1 ,lompensation due to him as may be necessary to pay to laborers or mechanics the difference between the rate of Wages required by the contract and the rate of wages actually paid to the Laborers and mechanics. 4. Force Labor. Provided, however, that if prices in the bids are excessive, ' the FIRST PARTY reserves the right, anything in this Agreement to the contrary notwithstand Lng, to apply to the SECOND PARTY for permission to do all or any part of -the Project by da; .abor, upon such conditions as the SECOND PARTY may impose, with the understanding that -all provisions in this.Agreement, including those relating to labor, wages, hours and recruitme� ahall be observed. at , 1 1 I 1 1 11 PART THEEE MISCELL"EOUS 1. Conditions Precedent to the SECOND PARTY'S Obligations, The SECOND PARTY shall be under no obligation to make the Grant or any part thereof; (a) Cost of Project, If the SECOND PARTY shall not be satisfied that the FIRST PARTY will be able to construct the Project within the cost estimated at the time when the-Grant was approved by it, unless, in.th event that additional funds appear to the SECOND PARTY to be necessary in .order to pay in full the cost of the construction of the Project, t SECOND PARTY shall be satisfied that the FIRST PARTY will be able to obtain such funds, as needed, through additional borrowing or otherwiel; (b) Compliance. If the FIRST PARTY shall not have complied, to the satisfact- ion of the SECOND PARTY, with all agreements and conditions contained referred to in this Agreement theretofore to be complied with by the FIRST PARTY; (c) Legal Matters. If the SECOND PARTY shall not be satisfied as to all legal matters and proceedings affecting the Project; (d) Representations. If any representations made by the FIRST PARTY in Agreement or in the application for the Grant or, any other data submi ted by the FIRST PARTY shall be found by the SECOND PARTY to be incorrect or incomplete in any material respect; (e) Financial Condition. If, in the judgment of'the SECOND PARTY, the financial condition of the FIRST PARTY shall have changed unfavorably in a material degree from its condition as theretofore represented to the SECOND PARTY. No waiver by the SECOND PARTY, express or implied, of any such condition shall constitute a waiver thereof as applied to any subsequent obligation of the SECOND PARTY under this Agreement. . 2. Deposit of.Proceeds. The FIRST PARTY will deposit the Grant, and all funds which it has represented to the SECOND PARTY as on hand or hereafter available for the construction of the Project, in a bank or banks which are. members of the Federal Reserve System, in a special account or accounts. 3. Disbursement of Proceeds. The FIRST PARTY will expend the .funds in such special account or accounts only in paying the cost of constructing the Project. 4. Accounts. The FIRST.PARTY Will keep proper books of records and account (separate from all other records and accounts). in which complete and correct entries be made of all transactions relating to the Plant and to the Project. 5. Information. During the construction of the Project, the FIRST PARTY w furnish to the SECOND PARTY all such information and data as the SECOND PARTY'S engineers may request as to the construction, cost and progress of the work. as follows: 6. Representations and Warranties. The FIRST PARTY represents and warrants (a) Authorization. All necessary authorizations, permits, licenses and approvals from Federal, State, county, municipal and other author- ities have been or will be obtained for the construction and opera Ion of the Project. (b) Litigation. No litigation or other proceedings are now pending or e 121 threatened which might adversely affect the powers and authority of the FIRST PARTY in reference to the construction or financing of the.Project or the financial condition of the FIRST PARTY. (c) Fees and Commissions. No fee or commission has been or will be paid by the FIRST PARTY or any of its officers, employees, agents or represents Ives, and no agreementto pay a fee or commission has been or will be en ed into by or on behalf of the FIRST PARTY or any of its officers, empl agents or representatives, in order to secure the Grant hereunder. (d) Affirmation. Every statement contained in this Agreement,-in the application for a Grant, in any supplement thereto or amendment thereof, and any other data submitted or to be submitted to the SECOND PARTY by c on behalf of'the.FIRST PARTY is, or when so submitted will be, correct and complete, and no relevant fact materially affecting the Project or the financing thereof by the.FIRST PARTY has been or will be omitted therefrom. 7. Indemnification. The FIRST PARTY will indemnify the SECOND PARTY against any loss or liability incurred by reason of any inaccuracy or incompleteness in any representat ion contained herein. 8. Use of SECOND PARTY'S Name. Without the prior written consent of the SECOND PARTY,theFIRST PARTY will not refer to this Agreement or to any Grant authorized or made hereunder as an inducement for the purchase of any securities of the FIRST PARTY, and will not permit any purchaser from it of any such securities to do so. 9. jaMenses. The FIRST PARTY will pay all costs, charges and expenses incident to compliance with all the terms and conditions of this Agreement on its part to be compli with, including, without limiting the generality of the foregoing, the cost of preparing, executing and delivering to the SECOND PARTY all the documents required herein to be furni by the FIRST PARTY. 10. Supplemental Instruments. Upon request, the FIRST PARTY will furnish such data, agreements and other instruments as the SECOND PARTY may deem necessary or desirable in connection with the performance of the obligations of the FIRST PARTY under this Agra 11. Agreement Not for the Benefit of Third Parties. This Agreement is not for benefit of any person or corporation other than the parties hereto. 18. Interest of Member of .Congress. No Member of or Delegate to Congress shall bt admitted to any share or part of this Agreement, or to any benefit to arise thereupon, 13. Miscellaneous. No rights of the FIRST PARTY hereunder shall be assignable except with the prior written consent of the SECOND.PARTY. All obligations of the FIRST PARTY shall cease upon payment in full of all costs of constructing the Project. This Agreement contains the entire agreement between the parties, and shall be governed by and construed in accordance with the laws of the District of Columbia. IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have respectively caused this agreement to be duly executed as of the day and year first above written: SEA1 TTEST: By UNITED STATES "OF ALIERICA mergency A m n s ra or o Public Works. r- t. s, 7 1 1 1 1 u y 1 1 1 W113REAS the City Council of the City of San Luis Obispo, as the governing body of said city, deems it to the advantage and best interest of said .City that such grant agree- t should be approved by said City Council and that such grant agreement should be execut ed and delivered by said City. NOW, TH _IEFO_=iB, BE IT RESOLVED by the City .Council of the City of .San Luis Obispo as follows: I. That the grant agreement hereinbefore set.out IZ:.'full be, and the same is reby in all respects confirmed, ratified, adopted and approved and is hereby recognised a valid, existing contract of the said City of ,San Luis Obispo. 2. That L. F. Sinsheimer, 114yor of said City, and .Callie Ii. .John, City Clerk City be, and they are hereby authorized and directed, as such officers, to sign and cute said grant,agreement, affixing thereto the official seal of the.City of San Luis spo and to deliver said grant agreement for and on behalf of said City of San Luis obis as its official act. 3. That this Resolution shall take effect immediately. INTRODUCED AND ADOPTED this 23rd.. day of April., 1934, by the following vote: YES: E,J.Defosset, R.P.Howell, Joseph Leary, L.F.Sinsheimer OES None BSE1%T: Joseph B. Berkemeyer (SEAL) 7._ P_ Sinsthaimwr Mayor of the City of San Luis Obispo ... ATTEST:.. . allie 1L. John the City of.San Luis.Obispo Presented to and approved by me this .24th day.of.April, 1934. L. F. Sinsheimer Mayor of.the City...oll San Luis Obispo. On motion of L. J. Defosset seconded by R. P. Howell the meeting adjourned to Monday, April 30th, 19349 at 7:30 P.. ]!1. Ayes: L. J. Defosset, R. P. Howell, Joseph Leary, L. F. Sinsheimer. Noes: None Absent: Joseph'B. Berkemeyer. Approved this r' day of / 1934. City Clar 13