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.
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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
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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;
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(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
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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
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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;
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{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
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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:
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(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.
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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.
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-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
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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
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=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
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,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,
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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.
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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
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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.
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t.
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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
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