RFQ - AS-NEEDED TEMPORARY FENCING SERVICES

COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
This agreement ("Agreement") is made and entered into effective as of the date of the last signature on the signature page by and
between the County of San Diego, a political subdivision of the State of California ("County") and [# enter full title of legal entity,
type of entity and location (e.g. "a Delaware corporation," "a California limited liability company"), located at (complete address)]
("Contractor"). For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Agreement. The Agreement shall consist of this document, Exhibit A Statement of Work, Exhibit B Insurance Requirements, and
Exhibit C Payment Schedule. In the event of a conflict between any provisions of this Agreement, the following order of
precedence shall govern: First (1st) this document; Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th) Exhibit C.
2. Term. The initial term of this Agreement shall begin on the date of the last signature below and end on ____ __ 20__ [#optional
for an Agreement period of ___years] ("Initial Term").
Option to Extend. The County shall have the option to extend the term of this Agreement for ____ increments of ___ year(s) each
for a total of ___ years beyond the expiration of the Initial Term, not to exceed ______ __, 20__, pursuant to Exhibit C Payment
Schedule or other applicable pricing provisions of this Agreement. Unless County notifies Contractor in writing not less than
thirty (30) days prior to the expiration date that the County does not intend to extend the Agreement, the Agreement will be
automatically extended for the next option period.
3. Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional
standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all
supplies and materials, equipment, printing, transportation, training, facilities, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the
services required of Contractor by this Agreement.
4. Payment. Pursuant to Exhibit C, and other applicable provisions of this Agreement, County agrees to pay Contractor a sum not to
exceed [# write out amount] ($######) ("Maximum Agreement Amount"). [#optional] Furthermore, compensation for the Initial
Term and any Option Periods shall not exceed the amounts shown for the Initial Term or that Option Period shown [ below/ in
Exhibit C ].
Initial Term ##/##/#### - ##/##/#### $___________
First Option Period ##/##/#### - ##/##/#### $___________
Second Option Period ##/##/#### - ##/##/#### $___________
Third Option Period ##/##/#### - ##/##/#### $___________
Fourth Option Period ##/##/#### - ##/##/#### $___________
Payment terms are, unless otherwise specified by County, thirty (30) days from the later of: (i) performance of work under the
Agreement entitling Contractor to payment, or (ii) County receipt of a correct and substantiated invoice. Payment shall be deemed
to have been made on the date that County submits electronic payment or mails a warrant or check.
5. Sales and Use Tax. On invoices, Contractor shall show any sales or use tax as separate items, giving permit number authorizing
collection of use tax. Contractor shall deduct any cash discount before computing sales or use Tax.
6. Contracting Officer. The Director of the Department of Purchasing and Contracting or designated Department of Purchasing and
Contracting official is the contracting officer for this Agreement ("Contracting Officer").
7. Notices. Notice to either party shall be in writing and personally delivered; sent by certified mail, postage prepaid, return receipt
requested; or emailed to the County's or Contractor's representative designated below (or such party's authorized representative).
Any such notice shall be deemed received by the party (or such party's authorized representative) on the earliest of the date of
personal delivery, three (3) business days after deposit in the U.S. Mail, or upon sending of an email from which an
acknowledgement of receipt has been received other than an out of office, unavailable, or undeliverable reply.
FOR COUNTY: FOR CONTRACTOR:
#Name and Title #Name and Title
#Address #Address
#Address #Address
#Phone, FAX, and email #Phone, FAX, and email
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
[#Optional] Above contact is designated as the Contracting
Officer's Representative for this Agreement ("COR").
8. Compliance with Laws. Contractor shall at all times perform its obligations hereunder in compliance with all applicable federal,
State, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or
certification laws, and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further
comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
9. County Policies and Requirements. Without limiting section 8 above, Contractor shall specifically comply with the following, as
applicable:
a. Board of Supervisors Policy A-79, Interlocking Directorates
b. Board of Supervisors Policy A-120, Zero Tolerance for Fraudulent Conduct in County Services
c. Board of Supervisors Policy B-67, Environmentally Preferable Procurement
d. Board of Supervisors Policy C-25, County of San Diego Drug and Alcohol Use Policy
e. Section 32.801, et seq. of the San Diego County Code of Regulatory Ordinances, Prohibitions of AIDS Discrimination
f. Article IIIk (Section 84, et seq.) of the San Diego County Administrative Code, Affirmative Action Program for Vendors
10. DVB Participation. If this Agreement resulted from a solicitation containing Disabled Veteran Business ("DVB") requirements
and forms, such requirements and Contractor's submitted forms are incorporated herein by reference to the extent not included as
an Exhibit to this Agreement. Contractor shall make all commercially reasonable efforts to comply with all such DVB
requirements, including meeting the DVB Percent of Utilization on Contractor's DVB Subcontractor Participation Plan.
Contractor shall maintain a rate of DVB utilization throughout the term of this Agreement that is reasonably in alignment with the
progress of the Agreement (e.g. term, utilization, deliverables). Contractor shall provide to County, upon request, documentation
sufficient to verify Contractor's compliance with such requirements.
If in County's determination, Contractor is not in compliance with all DVB requirements, County may take corrective action,
which may include (i) requiring Contractor to submit a corrective action plan acceptable to County detailing actions the Contractor
will take to fulfill its DVB requirements and/or (ii) withholding of payments to Contractor equivalent to the amount of DVB
underutilization. Such corrective actions shall be in addition to any other remedies the County may have under this Agreement or
at law or equity.
11. Preferred Vendor. If this Agreement resulted from a solicitation where Contractor claimed Preferred Vendor status in its response
per Section 405 of the San Diego County Administrative Code, Contractor shall perform a commercially useful function (as that
term is defined in California Military and Veterans Code 999 or successor statute) throughout the term of this Agreement.
12. Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for any
political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or allow its
name to be utilized in any endorsement of any candidate for elected office. Neither this Agreement nor any funds provided
hereunder shall be utilized in support of any partisan political activities, or activities for or against the election of a candidate for
an elected office.
13. Lobbying. Contractor shall comply with the lobbying ordinances of the County and ensure that its officers and employees comply
before any appearance before the County Board of Supervisors. Except as required by this Agreement, none of the funds provided
under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending
before State and federal legislatures, the Board of Supervisors of the County, or before any other local governmental entity. This
provision shall not preclude Contractor from seeking necessary permits, licenses and the like necessary for it to comply with the
terms of this Agreement.
14. Americans With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in
employment, public services, transportation, public accommodations and telecommunications services in compliance with the
Americans with Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA), and California Administrative
Code Title 24.
15. Religious Activity Prohibited. There shall be no religious worship, instructions, or proselytization as part of or in connection with
the performance of this Agreement.
16. Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be obtained
and maintained, at no cost to County, all approvals, permissions, permits, licenses, and other forms of documentation required for
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may
be applicable to performance of work hereunder. County reserves the right to reasonably request and review all such applications,
permits, and licenses prior to the commencement of any work hereunder.
17. Offshore Prohibition. Except where Contractor obtains the County's prior written approval, Contractor shall perform the work of
this Agreement only from or at locations within the United States. Any County approval for the performance of work outside of
the United States shall be limited to the specific instance and scope of such written approval, including the types of work and
locations involved. Notwithstanding the foregoing, this Section shall not restrict the country or countries of origin of any assets
purchased to provide the work hereunder; provided that when such assets are used to provide the work, such assets shall be used
only from or at locations within the geographic boundaries of the United States.
18. Equal Opportunity. Contractor shall comply with federal and State equal employment opportunity laws, including, but not limited
to, the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to
their compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would
deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect their status as an employee
because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or
marital status.
19. Non-Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group identification,
race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance
with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000d), Section 162 (a) of
the Federal-Aid Highway Act of 1973 (23 U.S.C 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration
Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16, 2000), Title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000-e), the Age Discrimination Act of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1,
Part 1, Division 2, Title 2 (Section 11135, et seq.) of the California Government Code, Title 9, Division 4, Chapter 6 (Section
10800, et seq.) of the CCR and California Dept. of Social Services Manual of Policies and Procedures (CDSS MPP) Division 121.
20. Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements
regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous
Materials at any County facility for periods in excess of ninety (90) days or in violation of the applicable site storage limitations
imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including,
without limitation, employees and agents of the County, from any exposure to Hazardous Materials generated or utilized in its
performance under this Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges, releases,
and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County
of it. Contractor shall not be liable to the County for the County's failure to comply with, or violation of, any Environmental Law.
As used in this Section, the term "Environmental Laws" means any and all federal, state, or local laws or ordinances, rules, decrees,
orders, regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource
Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances,
environmental conditions or other similar substances or conditions. As used in this Section the term "Hazardous Materials" means
any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear
medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or
potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by
any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or
(d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Contractor with respect
to any third person under any Environmental Laws.
21. Debarment, Exclusion, Suspension, and Ineligibility. Contractor certifies that, to the best of its knowledge, and except as disclosed
to County and acknowledged in writing by County prior to the execution of this Agreement, Contractor, its employees, directors,
officers, agents, subcontractors, vendors, consultants, and volunteers:
a. Are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment,
exclusion, suspension or ineligibility by any federal, state, or local department or agency;
b. Have not within a 3-year period preceding this Agreement been convicted of, or had a civil or administrative judgment
rendered against them for, the commission of fraud or a criminal offense or civil action in connection with obtaining,
attempting to obtain, or performing a public (federal, State, or local) transaction; violation of federal or State anti-trust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
receiving stolen property; physical, financial or sexual abuse or misconduct with a patient or client, or medical negligence or
malpractice;
c. Are not presently indicted or otherwise criminally, civilly or administratively charged by a government entity (federal, state,
or local) with commission of any of the offenses enumerated in the paragraph above;
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
d. Have not within a 3-year period preceding this Agreement had one or more public transaction (federal, state, or local)
terminated for cause or default.
Contractor shall have an ongoing duty during the term of this Agreement to disclose to the County any occurrence that would
prevent Contractor from making the certifications contained in this Section on an ongoing basis. Such disclosure shall be made in
writing within five (5) business days of when Contractor discovers or reasonably believes there is a likelihood of such occurrence.
22. Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent agreements,
and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in
the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services
provided for herein including secretarial, clerical and similar incidental services except upon the written approval of County.
Without such written approval, performance of services under this Agreement by associates or employees of County shall not
relieve Contractor from any responsibility under this Agreement
23. California Political Reform Act and Government Code Section 1090, Et Seq. Contractor acknowledges that the California
Political Reform Act ("Act"), Government Code section 81000 et seq., provides that contractors hired by a public agency, such
as County may be deemed to be a "public official" subject to the Act if the Contractor advises the agency on decisions or actions
to be taken by the agency. The Act requires such public officials to disqualify themselves from participating in any way in such
decisions if they have any one of several specified "conflicts of interest" relating to the decision. To the extent the Act applies to
Contractor, Contractor shall abide by the Act. In addition, Contractor acknowledges and shall abide by the conflict of interest
restrictions imposed on public officials by Government Code section 1090 et seq.
24. Prohibited Agreements. As required by section 67 of the San Diego County Administrative Code, Contractor certifies that it is not
in violation of the provisions of section 67, and that Contractor is not, and will not subcontract with, any of the following:
a. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;
b. Profit making firms or businesses in which employees described in subsection (a) serve as officers, principals, partners or
major shareholders;
c. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection (a), and who
(1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2)
participated in any way in developing the contract or its service specifications; and
d. Profit making firms or businesses in which the former employees described in subsection c. serve as officers, principals,
partners or major shareholders.
Contractor certifies it is not a person or entity specified above and that it will promptly notify the County in the event it becomes
a person or entity specified above during the term of this Agreement.
25. Indemnity. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents of
County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens
or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and
court costs (hereinafter collectively referred to as "Claims"), related to this Agreement or the work covered by this Agreement
and arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees,
agents, servants or employees, including, without limitation, Claims caused by the sole passive negligent act or the concurrent
negligent act, error or omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to
defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was
caused by the sole negligence or willful misconduct of County Parties.
Without limiting the foregoing, Contractor's defense and indemnity obligations under this Section shall specifically apply to any
claim, suit, proceeding, demand, liability, loss, damage or expense (including but not limited to attorneys' fees) arising from or
relating to a claim that any work performed pursuant to this Agreement infringes a patent, copyright, moral right, trademark, trade
secret, or other intellectual property right of a third party. Without limiting the generality of the foregoing, if any portion of any
the same or County's use of the same is, or in Contractor's or County's opinion is likely to be, held to infringe the rights of any
third party, Contractor shall at its expense either (i) procure the right for County to use the infringing item free of any liability or
expense to County to the full extent contemplated by this Agreement; or (ii) replace it with a non-infringing equivalent reasonably
satisfactory to County. Without limiting the County's other rights and Contractor's obligations under this Section, County shall
have the right to employ counsel at its own expense for, and participate in the defense of, any claim.
26. Insurance. Contractor shall, at its own cost and expense, obtain and keep in force and effect during the term of this Agreement,
including all extensions, the insurance specified in Exhibit B Insurance Requirements. Evidence of insurance and any other
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
documents or notices required to be provided to County pursuant to Exhibit B shall be submitted to the COR or as instructed by
the COR. The provisions of section 25 are independent of, and shall in no way limit, Contractor's and its insurer's requirements
under this section 26 and Exhibit B.
27. Maintenance of Records. Contractor shall maintain and/or make available within San Diego County accurate books, accounting
records, and other records related to Contractor's performance under this Agreement, including all records of costs charged to this
Agreement during the term of this Agreement and for the longer of: (i) a period of five (5) years after the date of final payment
under this Agreement, (ii) for records that relate to litigation or the settlement of claims arising out of the performance of this
Agreement, three (3) years after such litigation or claims have been disposed of, and (iii) any retention period required by the
funding source(s) of this Agreement. Contractor shall provide any requested records to County within two (2) business days of
request. Contractor assertions of confidentiality shall not be a bar to full access to the records. County shall keep the materials
described above confidential unless otherwise required by law.
28. Audit Right. Pursuant to California Government Code Section 8546.7, the parties acknowledge that every contract involving the
expenditure of public funds in excess of $10,000 shall be subject to audit by the State Auditor.
Authorized federal, State and County representatives shall have the right to monitor, assess, and evaluate Contractor's performance
pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not be limited to audits, inspection of
premises, reports, and interviews of project staff and participants.
At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County,
State or federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit
County, State or federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all
invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all
matters covered by this Agreement. If an audit is conducted, it will be done in accordance with generally accepted government
auditing standards as described in Government Auditing Standards, published for the United States General Accounting Office.
29. Termination for Convenience. The County may, by written notice stating the extent and effective date, terminate this Agreement
for convenience in whole or in part, at any time. The County shall pay the Contractor, as full compensation for work performed
in accordance with the terms of this Agreement until such termination:
a. The unit or pro rata price for any delivered and accepted portion of the work.
b. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by
the County, with respect to the undelivered or unaccepted portion of the work, provided compensation hereunder shall in no
event exceed the total price.
c. In no event shall the County be liable for any loss of profits or any other consequential damages related to the work or portion
thereof so terminated.
d. County's termination of this Agreement for convenience shall not preclude County from changing the termination to a default,
as set forth in Section 30 of this Agreement, nor from taking any action in law or equity against Contractor for:
i. Improperly submitted claims, or
ii. Any failure to perform the work in accordance with the Statement of Work, or
iii. Any breach of any term of condition of the Agreement, or
iv. Any actions under any warranty, express or implied, or
v. Any claim of professional negligence, or
vi. Any other matter arising from or related to this Agreement, whether known, knowable, or unknown before, during, or
after the date of termination.
30. Termination for Default. The County may, by written notice of default to the Contractor, terminate this Agreement in whole or in
part, should the Contractor fail to make satisfactory progress, fail to perform within the time specified, or fail to deliver in strict
conformance to specifications or requirements set forth herein. In the event of such termination, the County reserves the right to
purchase or obtain the supplies or services elsewhere and the Contractor shall be liable for the difference between the prices set
forth in this Agreement and the actual cost thereof to the County. In such case, the prevailing market price shall be considered to
be the fair repurchase price. The rights and remedies of County provided in this Section shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the
Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if
the notice of termination had been issued pursuant to section 29 Termination for Convenience.
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
31. Full Cost Recovery of Investigation and Audit Costs. Contractor shall reimburse County (by direct payment or County withholding
of payment, at County's sole discretion) for all direct and indirect expenditures incurred in conducting an audit/investigation when
Contractor is found in violation (material breach) of the terms of the Agreement.
32. Disallowance. In the event the Contractor receives payment for work under Agreement that is later disallowed by the County, the
Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the
amount disallowed from any payment due to the Contractor under any contract with the County.
33. Warranty. Contractor agrees that any goods and/or services furnished under this Agreement shall be covered by the most favorable
commercial warranties Contractor gives to any of its customers for the same or substantially similar goods and/or services. Any
warranties so provided shall supplement, and shall not limit or reduce, any rights afforded to County by any other provision of
this Agreement or by any applicable Uniform Commercial Code warranties.
34. Assignment. This Agreement is assignable by County. Except as to any payment due hereunder, this Agreement is not assignable
by Contractor without written approval of County.
35. Delivery. Unless otherwise specified in writing in this Agreement, all shipments shall be F.O.B. point of destination. County shall
not be liable for freight or handling charges except as stated in this Agreement. Transportation receipts, if allowed under the
Agreement, must accompany invoice.
36. Changes. Changes to this Agreement may only be made by Change Order or amendment. No other modification of this Agreement
shall be valid. The Contracting Officer may at any time, by written order, make changes within the general scope of this Agreement
("Change Order"). If any Change Order causes an increase or decrease in the cost or time required for the performance of the
work under this Agreement, an equitable adjustment shall be made to the price, delivery schedule, or both. The County and
Contractor may modify this Agreement by written amendment signed by the Contracting Officer and Contractor.
37. Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this
Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition.
38. Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State
of California.
39. Time. Time is of the essence for each provision of this Agreement.
40. Prevailing Wage. Work to be performed by Contractor in accordance with this Agreement is a "public work" under Labor Code
section 1720, et seq. and is subject to compliance monitoring and enforcement by the California Department of Industrial
Relations. If Contractor will receive federal funds, this Agreement may also be subject to the payment of prevailing wages pursuant
to the Davis-Bacon Act, 40 USC 3141 et seq., and other federal laws. It is the sole responsibility of Contractor to ensure that all
workers who perform work pursuant to this Agreement are paid the correct rate of prevailing wages. Contractor waives and
releases any rights it may have under Labor Code section 1726 and 1781 to seek recovery of costs from the County. When working
on a federally funded project, Contractor shall ensure that all workers entitled to the payment of prevailing wages receive the
higher of the applicable State or federal prevailing wage.
County has obtained from the Director of the California Department of Industrial Relations general prevailing wage determinations
for the locality in which work is being performed. These determinations are on file and available in the Department of Purchasing
and Contracting, 5560 Overland Avenue, Suite 270, San Diego, CA 92123, and are available from the Department of Industrial
Relations on the internet at www.dir.ca.gov. Federal prevailing wage rates are available from the U.S. Department of Labor on
the internet at www.access.gpo.gov.
Contractor acknowledges that because portions of the work to be performed by Contractor may be subject to the payment of State
and federal prevailing wages, certain requirements must be included in this Agreement. Contractor certifies that it is generally
aware of State and federal prevailing wage requirements and shall be bound by these requirements to the extent applicable to the
work performed, including, but not limited to, the following:
a. If a worker is paid less than the prevailing wage rate owed for a day or portion of a day, Contractor shall pay the worker the
difference between the prevailing wage rate and the amount actually paid as specified in Labor Code section 1775;
b. Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections
1771.4(a)(3), 1776 and 1812;
c. If apprentices are employed on the project, Contractor shall ensure compliance with Labor Code section 1777.5;
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COUNTY CONTRACT NUMBER [#CONTRACT NUMBER]
AGREEMENT WITH [#CONTRACTOR'S NAME] FOR [#SERVICES TO BE PROVIDED]
d. Contractor is aware of the limitations imposed on overtime work by Labor Code section 1810, et seq. and shall be responsible
for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Contractor shall be bound by each of the stipulations set forth at 40 USC 3142(c), including the obligations to a) pay all
laborers or mechanics employed directly on the site of the work, unconditionally and at least once a week, and without
subsequent deduction or rebate on any account, the full amounts accrued at the time of payment, computed at the required
wage rate; b) post the applicable prevailing wage scale in a prominent and accessible place at the work site; and c) agree that
there may be withheld from accrued payments funds necessary to ensure workers are paid the required wage rate;
f. In accordance with 40 USC 3143, all or part of this Agreement may be terminated for failure to pay the required prevailing
rate of wages;
g. In accordance with 8 Cal. Code Reg. section 16451(d), the applicable prevailing wage determinations shall be posted at each
job site and Contractor will be responsible for posting the notice required by 8 Cal. Code Reg. section 16451(d) at each job
site. Posters are available on the CMU website, at the Division of Labor Standards Enforcement District Offices or by emailing
a request to CMU@dir.ca.gov; and
h. Contractor and all subcontractors must comply with the requirements of Labor Code section 1771.1 pertaining to the
registration of contractors pursuant to Labor Code section 1725.5. Registration and all related requirements of those sections
must be maintained throughout the term of this Agreement. This project is a "public work" in accordance with Labor Code
1720, et seq. It is the sole responsibility of the Contractor to ensure that all workers employed in the execution of the
Agreement are paid the correct prevailing rate of wages. The County has obtained from the director of the Department of
Industrial Relations general prevailing wage determinations for the locality in which the work is to be performed. The
determinations are on file and available in the County of San Diego Department of Purchasing and Contracting; 5560
Overland Ave., Ste. 270, San Diego, CA 92123-1204 and are available from the Department of Industrial Relations on the
internet at http://www.dir.ca.gov/DLSR/PWD/index.htm.
IN WITNESS WHEREOF, County and Contractor execute this Agreement effective as of the date of the last signature below. The
person(s) signing this Agreement for Contractor represent(s) and warrant(s) that they are duly authorized to bind Contractor and have
the legal capacity to execute and deliver this Agreement.
CONTRACTOR: COUNTY OF SAN DIEGO:
ALLEN HUNSBERGER, Director
Department of Purchasing and Contracting
By: By:
#NAME #NAME
#TITLE #TITLE
#DATE #DATE
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