HomeMy WebLinkAboutOrdinance 2527 N.C.S. 01/26/2015EFFECTIVE DATE ORDINANCE NO. 2527 N.C.S.
OF ORDINANCE
February 26, 2015
Introduced by Seconded by
Gabe Kearney Kathy Miller
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING A
LEASE AGREEMENT, BETWEEN VETERAN'S RESOURCE CENTERS OF AMERICA (VRC),
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND
THE CITY OF PETALUMA ("LANDLORD") FOR A PORTION OF IMPROVED REAL
PROPERTY (APN 006-423-033) ("PREMISES"), 3 ROCCA DRIVE, PETALUMA, CA,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE LEASE TRANSACTION
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified
actions for the acquisition, sale, or lease of real property be taken by Ordinance; and,
WHEREAS, Landlord owns in fee simple real property located at 3 Rocca Drive,
Petaluma, CA (Assessor's Parcel Number: 006-423-033), which has been improved with a building
("Property"); and
23 WHEREAS, currently, Tenant provides essential social and human services to the homeless
24 veterans community in Petaluma; and
25 WHEREAS, Tenant desires to offer transitional housing to previously homeless veterans,
26 and the Landlord desires to provide a location at which the Tenant may offer such services,
27 subject to the terms and conditions of the lease attached to and made a part of this ordinance
28 as Exhibit A; and
29 WHEREAS, the City Council finds this action qualifies for categorical exemption under the
30 California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3 of the California
31 Code of Regulations (CEQA Guidelines), sections 15061, 15301 because the project involves
32 operation, repair, maintenance, permitting, leasing, licensing and minor alteration of an existing
33 facility involving negligible or no expansion of use beyond that existing at the time of the City's
34 determination, in that leasing to Veteran's Resource Centers of America the City owned
35 property at 3 Rocca Drive for transitional housing pursuant to the lease will not result in significant
36 expansion of use of the property in terms of impacts on the property and the neighborhood
37 beyond the current impacts of the services being offered on site.
38
Ordinance No. 2527 N.C.S. Page 1
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1: The above recitals are true and correct and incorporated into this
ordinance as findings of the City Council.
Section 2: The City Council approves the lease, between the City of Petaluma as
Landlord, and VRC, as Tenant, a copy of which is attached as Exhibit A.
Section 3: On behalf of the City, the City Manager is authorized and directed to
execute documents substantially in accordance with Exhibit A, as determined by the City
Attorney, and all other documents reasonably necessary to complete the lease transaction.
Section 4: If any section, subsection, sentence, clause, phrase or work of this
Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction or preempted by State legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this Ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful other otherwise invalid.
Section 5: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6: The City Clerk is hereby directed to publish or post this Ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other
applicable law.
INTRODUCED and ordered posted this 5th day of January, 2015.
ADOPTED this 201) day of January, 2015 by the following vote
Ayes:
Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes:
None
Abstain:
None
Absent:
None
TTEST:
a -uyJ o ��-O' �—
G �
Claire Cooper, CMC, City Cle
cu y�l
David Glass, Mayor
FORM:
Eric W. Danly/ City Attorney
Ordinance No. 2527 N.C.S.
Page 2
Exhibit A to Ordinance
LEASE
This Commercial Lease Agreement (the "Lease"") is entered into as of
2015, by and between the City of Petaluma, a California charter city ("Landlord") and Veteran's
Resource Centers of America, a California nonprofit public benefit corporation ("Tenant").
Landlord and Tenant are hereinafter referred to individually as "Party" and collectively as
"Parties."
10 RECITALS
11 A. Landlord owns in fee simple real property located at 3 Rocca Drive, Petaluma,
12 CA (Assessor's Parcel Number: 006-432-033), which has been improved with a building
13 ("Property").
14 B. Landlord and Tenant previously entered into a lease dated January 1, 2004, in
15 which Landlord leased the Property to the Tenant for tenant to offer transitional housing and
16 services to previously homeless veterans.
17 C. The lease dated January 1, 2004, has expired, and all options to renew the lease
18 have been exercised by Tenant.
19 C. Tenant desires to continue to offer transitional housing and services to previously
20 homeless veterans, and the Landlord desires to provide a location at which the Tenant may
21 offer such services, subject to the terms and conditions herein.
22 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
23 which are hereby acknowledged, the Parties agree as follows:
24 1. PREMISES: Landlord hereby leases the Property to Tenant in accordance with this
25 provision, including both improved and unimproved areas of the Property, driveways, parking
26 facilities, and pedestrian and vehicular ingress, egress and travel ways , (the "Premises"), all as
27 depicted in Exhibit A attached hereto in accordance with the provisions of this Lease. The
28 Premises include a 4 bedroom 2 bathroom house, consisting of approximately 1,600 square feet;
29 a two car garage and a front and back yard on approximately 7,000 s.f. lot.t. Tenant's
30 obligations regarding the Premises pursuant to this Lease, including, but not limited to, Tenant's
31 use, maintenance and repair, indemnity and insurance obligations, apply to the entire Premises
32 2. TERM: The term of this Lease shall commence on September 1, 2014
33 ("Commencement Date") and continue through February 28, 2020, unless terminated sooner in
34 accordance with the provisions of this Lease (the "Rental Period"), The Parties agree to execute
35 and record a Memorandum of this Lease in the official records of Sonoma County.
36 3. RENT: In consideration of the fact that the Veterans Resource Centers of
37 America/North Bay Veterans Resource Center is providing valuable community service, Tenant
38 shall pay annual rent for the period in the sum of $10.00 per year for the use and occupancy of
39 the Premises, due as of the Commencement Date and each anniversary thereof.
40 4. TRIPLE NET LEASE: This is a triple net lease to Landlord. It is the intent of the Parties
41 that the Rent shall be an absolutely net return to Landlord. Tenant shall pay all costs and
42 expenses relating to Tenant's occupancy of the Premises of any kind or nature whatsoever.
Ordinance No. 2527 N.C.S. Page 3
1 Such costs and expenses include, without limitation, all amounts attributable to, paid or incurred
2 in connection with Tenant's operation, repair, maintenance (whether interior or exterior) and
3 management of the Premises; all taxes and assessments; insurance premiums; security; janitorial
4 services; labor; costs of licenses, permits and inspections; and all other costs and expenses
5 incurred or paid by Tenant with respect to the Premises.
6 5. USE: The premises shall be used as transitional housing for homeless
7 veterans, and social service programs related to the veteran's housing. ("Use"). No other
8 use may be conducted on the Premises other than the Use. Landlord may treat any
9 other use of the Premises by Lessee as an Event of Default, as defined in section 20.
10 Permission granted for the Use in this Lease does not constitute regulatory approval, and
11 to the extent that such Use is subject to any regulatory approval or permit, such Use shall
12 not commence until any and all applicable regulatory approvals and/or permits have
13 been granted.
14 6. COMPLIANCE WITH LAWS. Tenant shall procure and maintain all governmental
15 approvals, permits and licenses required for the lawful conduct of Tenant's permitted use of the
16 Premises and shall comply with all state, federal and local laws, rules and regulations in
17 connection with its use and occupancy of the Premises. Landlord may treat Tenant's failure to
18 comply with such state, federal and local laws as an Event of Default.
19 7. UTILITIES AND SERVICES: Tenant shall pay when due all charges or assessments for
20 telephone, water sewer, gas, heat, electricity, garbage disposal, trash disposal and all other
21 utilities and services that are supplied to the Premises.
22 8. MAINTENANCE AND REPAIR: Tenant shall maintain the Premises in a clean and
23 sanitary condition. Landlord shall have no obligation to make repairs to or perform maintenance
24 of the Premises. Without limiting the provisions in Section 4 of this Lease, Tenant shall pay all costs
25 and expenses attributable to or incurred in connection with Tenant's use and occupancy of the
26 Premises, including janitorial and landscape maintenance services. In the event that Tenant fails
27 to maintain or keep the Premises in good repair or if Tenant's acts or omissions result in a
28 nuisance or health or safety risk, at Landlord's option, Landlord may perform any such required
29 maintenance and repairs. Within ten (10) days of Tenant's receipt of Landlord's invoice
30 therefore, Tenant shall pay Landlord's costs incurred in connection with such repairs.
31 9. SECURITY: Tenant is responsible for providing its own security on the Premises as
32 Tenant deems necessary in its sole discretion.
33 10. STATUTORY NOTICE POSSESSORY INTEREST TAX, TAXES AND ASSESSMENTS:
34 Throughout the Term, Tenant shall pay prior to delinquency, all applicable real property taxes,
35 possessory interest taxes, license and permit fees, sales, use or occupancy taxes, assessments
36 whether general or special, ordinary or extraordinary, foreseen or unforeseen, of any kind or
37 nature whatsoever pertaining to the Premises or a part thereof (collectively, "Impositions").
38 Specifically, Tenant is advised that under California Revenue and Taxation Code Section 107.6,
39 execution of this Lease may create a possessory interest for Tenant subject to property taxation.
40 Tenant hereby agrees that if such possessory interest is created and is subject to property
41 taxation, Tenant shall be solely responsible for the payment of any property taxes levied on any
42 such interest. Upon request by Landlord, Tenant shall furnish, in a form satisfactory to Landlord,
43 evidence of payment prior to delinquency of all Impositions paid by Tenant.
44 it. AS -IS CONDITION OF PREMISES: Tenant is leasing the Premises in its "AS IS"
45 condition as such condition exists as of the Commencement Date. By executing this Lease,
46 Tenant acknowledges that it has had the opportunity to inspect the Premises and accepts the
47 Premises in the AS IS condition.
Ordinance No. 2527 N.C.S. Page 4
12. FUTURE ALTERATIONS AND REPAIRS: Except as provided in this Section, Tenant
shall not make alterations to the Premises without the prior written consent of Landlord. Landlord
agrees that Tenant is entitled to make repairs as part of its normal maintenance and risk
management programs.
13. INDEMNITY: To the maximum extent permitted by law, Tenant shall indemnify,
defend (with counsel reasonably acceptable to Landlord) and hold Landlord, the City of
Petaluma, and its officials, officers, agents, employees, contractors, guests and invitees
(collectively, "Indemnitees") harmless from and against any and all claims, demands, liabilities,
losses, damages, expenses and causes of actions of any kind, including, but not limited to,
attorneys' fees and costs of suit ("Losses") arising out of or in connection with use, occupation,
operation, improvement, repair or management of the Premises; and/or failure to comply with
any of Tenant's obligations contained in this Lease; by Tenant or any of Tenant's officials, officers,
employees, contractors, agents, or volunteers, provided that Tenant shall not be obligated to
indemnify, defend or hold the Indemnitees harmless for Losses resulting from Indemnitees' sole or
active negligence or willful misconduct . Tenant's indemnity obligation in this provision shall
survive the termination or expiration of this Lease with respect to any Losses that occur during the
Term.
14. INSURANCE REQUIREMENTS: During the term of this Lease, all extensions thereof,
hold -over periods or any other occupancy of the Premises by Tenant, Tenant shall maintain at its
sole cost and expense, the following insurance coverages: (i) Comprehensive General Liability
insurance issued by a carrier authorized to sell insurance in the State of California, written on an
occurrence basis, and providing coverage for bodily injury, death and property damage
caused by or occurring in connection with Tenant's use and occupancy of the Premises with a
policy limit of at least Two Million U.S. Dollars ($2,000,000) per occurrence; (ii) Workers'
Compensation insurance in compliance with the requirements of law; and (iii) property
insurance providing coverage against fire, casualty loss and damage to the Premises. Tenant
shall provide Landlord with satisfactory evidence of the foregoing insurance coverage prior to
the commencement of the Term and, upon Landlord's request, of its continuance in force
throughout the Term. The foregoing insurance policies shall be primary and noncontributing with
respect to any policies issued to Landlord and shall name Landlord as additional insureds and/or
loss payees, as their interests may appear.
32 15. NONDISCRIMINATION: Tenant hereby covenants by and for itself and its
33 successors and assigns, and all persons claiming under or through it, and this Lease is made and
34 accepted upon and subject to the conditions that there shall be no discrimination against or
35 segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of
36 Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
37 subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
38 Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment
39 of the Premises nor shall Tenant or any person claiming under or through it establish or permit any
40 such practice or practices of discrimination or segregation with reference to the selection,
41 location, number, use or occupancy of tenants, subtenants or vendees in the Premises.
42 16. RIGHT OF ENTRY: To the maximum extent provided by law, Landlord shall have
43 the right to enter and to inspect the Premises to ensure compliance with this Lease at all
44 reasonable times during the term of this Lease, provided that the Tenant is given at least 24
45 (twenty-four) notice of any inspection. Notwithstanding the foregoing, in the event of an
46 emergency, Landlord shall have the right to enter, to inspect, and to undertake any repairs or
47 take other action as necessary to mitigate the emergency without notice. Tenant shall provide
48 Landlord with a key to all Tenant -furnished locks securing the Premises and/or Landlord shall
49 retain a key to any Landlord -furnished lock(s).
Ordinance No. 2527 N.C.S. Page 5
1 17. PREVAILING WAGE. This Lease shall be subject to the requirements of the
2 California Prevailing Wage Law, California Labor Code Section 1720 et seq., and to the
3 extent applicable, Tenant shall comply with all applicable requirements of the California
4 Prevailing Wage Law, including, but not limited to, all applicable requirements contained
5 in Exhibit B, which is attached to and made a part of this Agreement. Tenant's
6 noncompliance with the applicable requirements of this section shall constitute an Event
7 of Default. Notwithstanding the foregoing, prior to undertaking any improvement,
8 alteration or maintenance, the Parties may agree in writing that the proposed
9 improvement, alternation or maintenance does not fall within the definition of public
10 works as defined in Labor Code section 1720, or alternatively, is otherwise exempt from
11 complying with Prevailing Wage Law.
12 18. SUBLETTING: Tenant shall not assign this Lease or sublet any portion of the
13 Premises without the prior written consent of Landlord.
14 19, DEFAULT: Tenant shall be in default of this Lease upon the occurrence of any of
15 the following ("Events of Default"): (i) the failure to pay any monetary obligation when due, (ii)
16 the failure to obtain and maintain insurance required by this Lease, (iii) the voluntary or
17 involuntary transfer of all or any portion of Tenant's interest in the Premises without Landlord's
18 prior written consent, or (iv) a default in the performance of any term, provision, covenant or
19 agreement pursuant to this Lease. Upon the occurrence of an Event of Default, the non -
20 defaulting party shall deliver a notice to the non-performing party ("Notice of Default") stating
21 the nature of the obligation which such non-performing party has failed to perform, and stating
22 the applicable period of time, if any, permitted to cure the default. Failure to give, or delay in
23 giving, a Notice of Default shall not constitute a waiver of any obligation or covenant required
24 to be performed hereunder.
25 20. TERMINATION: REMEDIES. Upon the occurrence of any Event of Default, and in
26 addition to any and all other rights or remedies of Landlord hereunder and/or provided at law or
27 in equity, Landlord shall have the right to terminate this Lease and Tenant's possessory rights
28 hereunder in accordance with applicable law. No remedy specified in this Lease shall be
29 considered exclusive of any other remedy, but the same shall be cumulative.
30 21. NOTICES: All notices shall be deemed given when made in writing and deposited
31 in the United States mail, certified, postage prepaid and addressed to such party the following
32 address:
To Landlord: City of Petaluma
1 1 English Street
Petaluma, CA 94952
Attention: Housing Administrator
Telephone: (707) 778-4555
Facsimile: (707) 778-4586
To Tenant: Veterans Resource Centers of America
North Bay Veterans Resource Center
P. O. Box 378
Santa Rosa, CA 95402
Attention: Executive Director
Telephone: (707) 578-8387
Facsimile: (707) 578-2788
Ordinance No. 2527 N.C.S. Page 6
Either Party may change its address for the receipt of notices by giving written notice of
change 10 the other Party. Either Party may give personal notice to the other Party.
3 22. FAILURE TO VACATE: In the event that Tenant holds over, Landlord's shall have all
4 remedies as may be available to Landlord at law or in equity. In addition, Tenant shall
5 indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless
6 Landlord and the City of Petaluma from all Losses resulting from Tenant's failure to vacate
7 pursuant to this Lease. This indemnity shall survive the expiration or termination of the Lease.
8 23. DISPOSITION OF IMPROVEMENTS: Prior to the expiration or termination of this
9 Lease, Tenant shall (i) remove all personal equipment, improvements, fixtures and property
10 placed on the Premises by Tenant, (ii) repair any damage caused by said removal, and (iii)
11 restore the Premises to its condition on the Commencement Date, less normal wear and tear,
12 except as Landlord may otherwise approve in writing. Except as expressly provided herein, upon
13 the expiration or earlier termination of this Lease all existing structures and other improvements
14 on the Premises shall unconditionally be and become the sole property of Landlord, and Tenant
15 shall have no right to compensation therefore. In the event that Tenant does not remove its
16 personal property within thirty (30) days after Lease expiration or termination, Landlord, at its
17 option, may deem such property abandoned and either retain or dispose of it in accordance
18 with applicable law.
19 24. INDEPENDENT CONTRACTOR: This Lease shall not be construed or interpreted to
20 create a partnership or joint venture between Landlord and Tenant.
21 25. CORPORATE AUTHORITY: Each individual executing this Lease on Tenant's behalf
22 represents and warrants that he or she is duly authorized to execute and deliver this Lease on
23 Tenant's behalf and that this Lease is binding on Tenant in accordance with its terms.
24 26. SEVERABILITY: The determination that a provision of this Lease is illegal or
25 unenforceable shall not affect any other provision of this Lease.
26 27. BINDING CLAUSE: The provisions, covenants and conditions of this Lease shall
27 extend to, be binding upon and insure to the benefit of the heirs, executors, administrators,
28 successors and assigns of the respective Parties hereon.
29 28. SECTION HEADINGS: All section headings contained herein are for convenience
30 of reference only and are not intended to define or limit the scope of any provisions of this
31 Lease.
32 29. ESSENCE OF TIME: Time is of the essence for every provision, covenant and
33 condition of this Lease.
34 30, ENTIRE AGREEMENT: This Lease contains all the agreements of the parties hereto
35 and supersedes all prior leases, agreements and negotiations . There have been no
36 representations by Landlord or understandings made between Landlord and Tenant other than
37 those set forth in this Lease.
38 31. AMENDMENT: This Lease may only be modified or amended by a written
39 instrument duly executed by the Parties hereto.
40 IN WITNESS WHEREOF, this Lease has been executed by the Parties hereto as of the date
41 listed below.
42 SIGNATURES ON FOLLOWING PAGE.
43
Ordinance No. 2527 N.C.S. Page 7
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TENANT
Veterans Resource Centers of America
M
Peter Cameron, Executive Director
LANDLORD
City of Petaluma
En
Attest:
E
John Brown, City Manager
Claire Cooper, City Clerk
Approved as to Form:
0
Eric W. Danly, City Attorney
Ordinance No. 2527 N.C.S.
Page 8
EXHIBIT A TO LEASE
Premises
3 Rocca Dnve
tit
Ordinance No. 2527 N.C.S. Page 9
EXHIBIT B TO LEASE
Prevailing Wage
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance
with California Labor Code Section 1815; which provides that work in excess of eight
hours during any one calendar day and forty hours during any one calendar week is
permitted upon compensation for all hours worked in excess of eight hours during any
one calendar day and forty hours during any one calendar week at not less than one -
and -one-half times the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during
which the worker is required or permitted to work more than eight (8) hours in any one
calendar day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant
and subconsultants engaged in the performance of the Services shall pay no less than
these rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code Section 1775 which
establishes a penalty of up to $50 per day for each worker engaged in the performance
of the Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing
wages, or the previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
Consultant or subconsultant shall pay the difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per diem
wages by the subconsultant, the Consultant is not liable for any penalties therefore unless
the Consultant had knowledge of that failure or unless the Consultant fails to comply with
all of the following requirements:
Ordinance No. 2527 H.C.S. Page 10
2 1. The Agreement executed between the Consultant and the subconsultant for the
3 performance of part of the Services shall include a copy of the provisions of
4 California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
5 2. The Consultant shall monitor payment of the specified general prevailing rate of
6 per diem wages by the subconsultant by periodic review of the subconsultant's
7 certified payroll records.
8 3. Upon becoming aware of a subconsultant's failure to pay the specified
9 prevailing rate of wages, the Consultant shall diligently take corrective action to
10 halt or rectify the failure, including, but not limited to, retaining sufficient funds
11 due the subconsultant for performance of the Services.
12 4. Prior to making final payment to the subconsultant, the Consultant shall obtain an
13 affidavit signed under penalty of perjury from the subconsultant that the
14 subconsultant has paid the specified general prevailing rate of per diem wages
15 employees engaged in the performance of the Services and any amounts due
16 pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll
records showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed in
performance of the Services. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the following:
The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of
the Consultant and any subconsultants engaged in performance of the Services, shall be
responsible for ensuring compliance with California Labor Code Section 1777.5 governing
employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non -manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus furnished shall be applicable as
a minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
Ordinance No. 2527 N.C.S. Page I I