PROCUREMENT SERVICES DIVISION

  • Purchase Order Terms and Conditions 


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    Procurement Services Support Center  
    8525 Rex Road                                 
    Pico Rivera, CA 90660       


    Region East
    For Credit Card assistance and Fuel Cards contact:
    Eric Albert(interim) 

    (562) 654-9062 OR use the P-Card Main Line (562) 654-9401


    Region South, Central Offices & Adult Schools
    For Credit Card assistance, contact:
    Martha Viramontes
    (562) 654-9428 OR use the P-Card Main Line (562) 654-9401


    Region North
    For Credit Card assistance, contact:
    Mary Jane Montilla
    (562) 654-9061 OR call the P-Card Main Line (562) 654-9401


    Region West 
    For Credit Card assistance, contact:
    Sarah Gomez
    (562) 654-9318 OR call the P-Card Main Line (562) 654-9401


    PCAB DirectoryProcurement Services Division Staff Directory

  • 1. Definitions.
     
    A) “Bid” means the Contractor’s offer made in response to a solicitation to perform a contract to supply goods or perform services at a specified price.
     
    B) “Bidder” means a supplier who submits a Bid to the District in response to a solicitation.
     
    C) “Contract” means Contractor’s Bid; drawings or specifications, if any; these bid/purchase order terms and conditions together with the terms appearing on the reverse side hereof; and any other documents identified therein or herein as incorporated by reference and inclusive of any subsequently issued addenda and/or amendments.
     
    D) “Contractor” means the business entity designated on the face of this purchase order that is supplying Deliverables to the District. Contractor shall be synonymous with “supplier”, “vendor”, or other similar term.
     
    E) “Deliverables” means the tangible and/or intangible personal property, product, service, software, information technology, telecommunications technology, and other items to be delivered pursuant to this purchase order including any such items furnished incident to the provision of services.
     
    F) “District” means the Los Angeles Unified School District. 
     
    2. Assignment; Subcontracting.
     
    The Contractor may not assign this Contract in whole or in part, and/or monies due Contractor, without the prior written consent of the District and surety, if any. Subject to the foregoing, this Contract shall be binding upon the parties and their respective successors and assigns. All subcontractors must be approved in advance by the District. Upon the District’s written request, Contractor shall terminate any subcontractor.  
     
    3. Audit.
     
    The District shall have the right to examine and audit Contractor’s records related to this Contract. Contractor and its subcontractors shall maintain and preserve all such records for a period of at least three (3) years after final payment to Contractor or after final Contract closeout, as determined by the District. 
     
    4. Award of Contract.
     
    The Bidder’s Bid or quotation is deemed a firm offer; issuance of this document as a purchase order evidences the District’s acceptance of that offer. If an award is made on a bid, the contract will be awarded according to the authority granted by the Board of Education of the City of Los Angeles (“Board”) pursuant to California law.
     
    5. Acceptance/Rejection of Bids.
     
    The District may award a contract on an individual item or combination of items, whichever is in the best interest of the District. A bidder may specify that the District’s acceptance of one item shall be contingent upon the District’s acceptance of one or more additional items submitted in the same Bid. Bids shall remain open and valid for 120 days after bid opening date unless otherwise stipulated and may be accepted without further written notice by the District. The Bidder may withdraw its Bid at any time before the Bid opening. 
     
    6. District Name May Not Be Used.
     
    The name and/or logo of the District or any school of the District may not be used in any advertisements or communications which may convey the impression that the District authorizes the solicitation and/or that there may be some connection or endorsement between the District and the Contractor. 
     
    7. Fingerprinting.
     
    The Contractor and its subcontractors shall fully comply with the provisions of Education Code Section 45125.1 when Contractor and/or it subcontractors will have more than limited contact with District pupils. 
     
    8. Governing Law.
     
    This Contract shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws. 
     
    9. Indemnification.
     
    Contractor agrees to indemnify and hold harmless the District, the Board, and their employees, agents, volunteers, affiliates, officers and directors from, and defend each of them against, any injury to person or property, claims, suits, liabilities or expenses (including reasonable attorneys' fees and costs) resulting from or connected with Contractor’s performance hereunder, breach of its representations, warranties or obligations hereunder, or Contractor’s failure to comply with any applicable law, or regulation. 
     
    10. Independent Contractor.
     
    Contractor shall perform its obligations under this Contract as an independent contractor of the District. Nothing herein shall be deemed to constitute Contractor and the District as partners, joint venturers, or principal and agent.  Contractor has no authority to represent the District. Contractor shall not at any time or manner represent that it or any of its subcontractors or agents are in any manner agents or employees of the District. 
     
    11. Independence of Bid.
     
    Unless Bidder is furnishing a joint bid, by submitting this Bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of antitrust laws. 
     
    12. Insurance.
     
    Upon the District’s request, Contractor shall provide, and require its subcontractors to maintain, insurance policy/policies and limits of coverage acceptable to the District to protect against claims that may arise from this Contract. 
     
    13. Joint Bids.
     
    A joint bid submitted by two or more bidders participating jointly in one bid may be submitted, and each participating bidder must sign the joint bid. If the contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract. In addition, the joint contractors must designate, in writing, one individual having authority to represent them all in matters relating to the contract. The District assumes no responsibility or obligation for the division of orders or purchases among joint contractors. 
     
    14. License.
     
    Upon payment in full for software, Contractor grants the District a perpetual, non-exclusive, worldwide, irrevocable, fully paid right and license, to install and use the software on all computing devices used by or for the benefit of the District. This license is subject to limitation on the maximum number of end users or other scope limitations listed on the facing page and, if none are listed, this license shall be deemed to be enterprise-wide and the software may be used by all District end users without any maximum number of users. The license shall extend to permit contractors working for the District to use the software in the performance of their duties for the District. 
     
    15. Non-Discrimination.
     
    Contractor shall comply with all laws prohibiting discrimination in employment and shall include this nondiscrimination requirement in all subcontracts to perform work under the Contract. 
     
    16. Order of Precedence.
     
    This Contract constitutes the entire agreement between the parties and supersedes any prior or contemporaneous written or oral understanding or agreement and any contrary provisions on packing slips, invoices, or other documents submitted by the Contractor. Any conflict or inconsistency among the components of this Contract shall be resolved by giving precedence in the following order: (1)  these Contract Terms and Conditions; (2) all other attachments incorporated into the Contract by reference; (3) Contractor’s Bid. No term or condition of this Contract may be terminated, modified, rescinded, or waived except by a writing signed by both parties.  No modification or waiver of this Contract shall be deemed effected by Contractor’s acknowledgment, confirmation or other documentation containing other or different terms. Should any such document from Contractor contain additional or different terms than this Contract, those terms shall be considered proposals by Contractor which are hereby rejected. 
     
    17. Packaging, Delivery and Acceptance.
     
    A) Packaging. Items shall be packaged to protect them from damage during transit. Packing slips must include the District Purchase Order number, contents, quantity, and description. Material Safety Data Sheets shall be included when applicable.
     
    B) Delivery. Contractor shall be responsible for delivery on a free-on-board (FOB) Destination basis and shall incur all costs associated with the delivery unless otherwise specified in this Contract. All deliveries 
    shall be set on the District’s dock and/or pallets or as otherwise prescribed by the District. All Deliverables are subject to acceptance by District. District will notify Contractor in writing of any defect or nonconformity and Contractor will repair or replace such defective or nonconforming goods or, at the District’s option, refund the purchase price to District.
     
    C) Acceptance. If items are not properly packaged or identified, or if items are determined by the District to be defective or non-conforming, deliveries or any part thereof may be rejected, and all costs (return and re-delivery) shall be at the Contractor’s expense. All goods to be delivered hereunder may be subject to final inspection, test and acceptance by the District at destination, notwithstanding any payment or inspection at source. The District shall give written notice of the rejection of goods delivered or services performed hereunder within a reasonable time after receipt of such goods or performance of such services. Such notice of rejection will state the respects in which the goods do not substantially conform to their specifications. Acceptance shall not be construed to waive any warranty rights the District may have at law or by express reservation in this Contract with respect to conformity. Title to and risk of loss of Deliverables shall vest in the District upon acceptance. 
     
    18. Performance Guarantee.
     
    A performance guarantee may be required on award of annual contracts which exceed $100,000. 
     
    19. Samples.
     
    Samples of items may be required by the District for inspection and specification testing and must be furnished free of expense to the District. The samples furnished must be identical in all respects to the items bid and/or specified in the 
    Contract. Samples must be plainly marked with the name of Bidder, bid number, and date of bid opening. Samples may be retained for comparison with deliveries and if not destroyed by tests, may, upon request at the time the sample is furnished, be returned at Contractor’s expense. Bidder/Contractor assumes all risk of loss of or damage to samples. 
     
    20. Severability.
     
    If any provision or part of this Contract shall be declared illegal, void, or unenforceable, such term or provision shall be deemed stricken and the remaining provisions shall continue in full force and effect to the extent permitted by law. 
     
    21. Substitutions.
     
    Product substitutions require the prior, express written authorization from an authorized District representative. 
     
    22. Tax.
     
    The District shall pay only California sales tax and use tax and/or Los Angeles County sales and use tax, as applicable. Contractor shall separately list all applicable taxes on the invoice. The District is exempt from payment of Federal Excise Tax. 
    Contractor shall cooperate with the District in all matters related to taxation and the collection of taxes. The District may, at its option, self-accrue tax and remit same to the state of California pursuant to the District’s permit with the state of California. 
     
    23. Termination. 
     
    I.  The District may, by written notice to the Contractor, terminate this Contract in whole or in part at any time, for the District’s convenience or Contractor's default. Upon receipt of such notice, the Contractor shall:

    (a) immediately discontinue all services affected (unless the notice directs otherwise) and,

    (b) deliver to the District all material and information as may have been involved in the provision of services, whether provided by the District or generated by the Contractor in the performance of this contract, whether completed or in process. Termination of this contract shall be as of the date of receipt of the Contractor of such notice.

    II.  If the termination is for the convenience of the District, Contractor shall submit a final invoice within sixty (60) days of termination and upon approval by the District, the District shall pay the Contractor the sums earned for the Products/Services actually provided/performed prior to the effective date of termination and other costs reasonably incurred by the Contractor to implement the termination (if any).

    III. The Contractor shall not be entitled to anticipatory or consequential damages as a result of any termination under this Article. Payment to the Contractor in accordance with this Article shall constitute the Contractor’s exclusive remedy for any termination hereunder. The rights and remedies of the District provided in this Article are in addition to any other rights and remedies provided by law or under this Contract.


    24. Title.

    Title to and risk of loss of Deliverables shall pass to and vest in the District upon final acceptance by the District. 
     
    25. Warranty.
     
    A) Contractor warrants that all Deliverables furnished hereunder will be free from defects in design, material, and workmanship, and will conform to applicable specifications, drawings, samples, and descriptions. All warranties shall be in addition to any warranties available under law and any standard Contractor warranty.
     
    B) At the time of delivery, no software shall contain any virus, "Trojan horse," timer, counter or other limiting design, instruction, or routine that would erase data or programming or cause the software or any hardware or computer system to become inoperable or otherwise incapable of being used in the full manner for which it was designed and created.
     
    C) No Deliverable shall violate or infringe upon the rights of any third party, including, without limitation, any patent, copyright, trademark, trade secret, or other proprietary rights of any kind. There is no action, suit, proceeding, or material claim or investigation pending or threatened against Contractor, that, if adversely determined, might affect any Deliverable or restrict the District's right to use any Deliverable. Contractor knows of no basis for any such action, suit, claim, investigation, or proceeding.
     
    D) Contractor warrants it has full title to the Deliverables and has the right to grant the District the rights and licenses contemplated herein without the requirement for consent of any third party. 
     
    26.  Data Privacy.  
     
    If Contractor is an operator of an Internet website, online service, online application, or mobile application, Contractor shall comply with the requirements of California Business and Professions Code sections 22580 through 22585 (notwithstanding statute operative dates), and District policy as follows:

    a)  Contractor shall not (i) knowingly engage in targeted advertising on the Contractor’s site, service or application to District students or their parents or legal guardians; (ii) use a student’s personally identifiable information (“PII”) or other non-public information (e.g., metadata) to amass a profile about a District student; (iii) sell information, including PII; or (iv) disclose PII without the District’s written permission.

    b)  Contractor will store and process District Data in accordance with commercial best practices, including appropriate administrative, physical, and technical safeguards, to secure such data from unauthorized access, disclosure, alteration, and use. Such measures will be no less protective than those used to secure Contractor’s own data of a similar type, and in no event less than reasonable in view of the type and nature of the data involved.  Without limiting the foregoing, Contractor warrants that electronic District data will be encrypted in transmission using secure hypertext transfer protocol (HTTPS) with transport layer security (TLS) protocol version 1.2 to enable secure communications over the Internet, and encrypted in transit using cryptographic protocol TLS 1.2 or greater and encrypted at rest using a key no less than 128 bits in length.

    c) Contractor shall delete a student’s covered information upon request of the District. 

    27.  Compliance with Americans with Disabilities Act 

    If applicable, Contractor shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) by supporting assistive software or devices such as large print interfaces, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Content Accessibility Guidelines published by the World Wide Web Consortium's Web Accessibility Initiative, which may be found at http://www.w3.org/WAI/GL/#Publications

    28.  Contractor Code of Ethics  

    Contractor shall comply with the District Contractor Code of Conduct, available HERE

    29. Invoice Requirements

    The District will process payment within 45 days after receipt of Contractor’s invoice(s) that meet the requirements of this section, so long as the District has on file a duly issued purchase for the invoiced services.  Invoices must (a) reference the Agreement number, if applicable, and the related purchase order number, (b) be signed and submitted by the Contractor via email in PDF format to invoices@lausd.net, (c) comply with the specifications below, and (d)  itemize services, service date(s), and payment rate(s) consistent with the terms of the Agreement/purchase order.  Contractor shall not generate invoice until goods have been received by the District and/or services have been provided by the vendor and accepted by the District.  The invoice date shall not be before the date goods and/or services have been accepted by the District.  Any invoice(s) failing to meet the requirements set forth in this section will not be considered for payment within 45 days and may be rejected and/or returned to the Contractor for correction.  Additional documentation shall be furnished by the Contractor to the District’s Accounts Payable Branch upon request. Late payment of an invoice shall not constitute a breach of the Agreement/purchase order.   

    When submitting invoices, Contractor will ensure that: 

    • Each invoice contains a unique invoice number; 
    • Only one invoice per PDF file is submitted (while each file may contain multiple pages); 
    • Supporting documents, if applicable, are added at the end of the invoice PDF file; 
    • The invoice PDF file is clear and readable and does not contain any handwritten notations; 
    • The invoice is on white background or white paper (with no colored paper or shaded areas); 
    • The invoice does not contain inverted areas (i.e., white characters on black background); and 
    • Standard fonts are used in the invoice (no cursive, italics, etc.). 
     
    30. Public Works Contractor Registration
     
    Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5.

    It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code, or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

    Failure to comply with the Public Works Contractor registration requirement shall result in a penalty pursuant to Labor Code section 1771.1 to the affected lower tiered subcontractor and higher tiered contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tiered subcontractor to perform any public works in violation of the requirements in Labor Code section 1725.5. A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties under Labor Code section 1771.1.

    Pursuant to Labor Code section 1725.5, a contractor who fails to pay the renewal fee required on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered as a Public Works Contractor.

    This does not apply to work performed on a public works project of $25,000 or less when the project is for construction, alteration, demolition, installation, or repair work and $15,000 or less when the project is for maintenance work.

    31. Prevailing Wage Requirements

    In accordance with Labor Code section 1720, 1771, 1771.5, 1774, 1815 and Title 8 CCR section 16433, District requires the payment of prevailing wage for all projects over $25,000 when the project is for construction work and for all projects over $15,000 when the project is for alteration, demolition, repair, or mainteance work.  The District operates an approved LCP, which shall be enforced on all public works projects that exceed the monetary thresholds above. 

    In compliance with the provisions of the California Labor Code, all workers employed by Contractor/Vendor or any Contractor/Vendor subcontractor in execution of work shall be paid not less than the general prevailing rate of per diem wages, including payment for travel and subsistence; and not less than the general prevailing rate of per diem wages for holiday and overtime work, as determined by the California Director of Industrial Relations for each craft, classification or type of worker needed to execute the work.

    Labor Compliance Program

    Contractor/Vendor and all Subcontractors must comply with District Labor Compliance Program (LCP) requirements, including, but not limited to, all applicable statutes and regulations, District LCP Manual, and District Contract requirements.  In the event that additional or revised information is required pursuant to enforcement of the LCP, such requirement shall not result in an increase to the Contract Time or the Contract Amount.  Contractor/Vendor will be responsible for all failures by all Subcontractors to comply with District LCP requirements.  Contractor/Vendor, consistent with California Public Contract Code 6109, is prohibited from performing a portion of work with a Subcontractor who is debarred pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

    District LCP was granted final approval/extended authority by the Department of Industrial Relations on December 27, 1996.  For questions and assistance, please contact the District LCP office at (213) 241-4665, lcp@lausd.net, or www.lausd.org/facilities/lcp on the web.

    Prevailing Wage

    1.  This Project is a public works Project, as defined in Labor Code section 1720, and must be performed in accordance with the requirements of Labor Code sections 1720 to 1815 and Title 8 California Code of Regulations (CCR) sections 16000 to 17270, which govern the payment of prevailing wage rates on public works projects. 

    2.  Pursuant to Labor Code sections 1770 et seq., District has obtained from the Department of Industrial Relations determinations of the prevailing wage rates and the prevailing wage rates for holiday and overtime work for Los Angeles County where the Project is to be performed.  Copies of these prevailing wage rates are on file and available to any interested party upon request at the District principal office and the following websites: www.lausd.org/facilities/lcp or www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

    3.  Questions pertaining to prevailing wage rates should be directed to the Labor Compliance Department or to the Division of Labor Statistics and Research at the following respective addresses:

    Labor Compliance Department

    333 S. Beaudry Ave, 21st Floor

    Los Angeles, CA  90017

    (213) 241-4665

    lcp@lausd.net

    or

    DLSR

    P.O. Box 420603

    San Francisco, CA  94142

    (415) 703-4774

    www.dir.ca.gov/Public-Works/Prevailing-Wage.html

    4.  Contractor/Vendor shall post at appropriate and conspicuous locations on the Project site the following:

    a. A schedule showing all applicable prevailing wage rates in accordance with Labor Code section 1773.2;

    b. Notice of LCP approval and prevailing wage monitoring sufficient to satisfy Title 8 CCR sections 16429 and 16451(d).

    5.  Contractor/Vendor and all Subcontractors must provide itemized wage statements to their employees in accordance with Labor Code section 226.

    6.  Contractor/Vendor represents and warrants that the Contract Amount includes sufficient funds to allow Contractor/Vendor and all Subcontractors to comply with all applicable laws and contractual requirements.  Contractor/Vendor shall defend, indemnify and hold District harmless from and against any and all claims, demands, losses, liabilities and damages arising out of or relating to the failure of Contractor/Vendor or any Subcontractor to comply with any applicable law in this regard, including, but not limited to Labor Code section 2810.  Contractor/Vendor agrees to pay any and all assessments, including wages, penalties and liquidated damages, made against District in relation to such failure.

    7.  Failure to comply with the payment of prevailing wages shall result in a penalty to the District pursuant to Labor Code section 1775 and applicable regulations, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate for the work or craft in which such worker is employed by the Contractor/Vendor or Subcontractor. This includes, but it not limited, to the failure to pay applicable shift differential rates.

    8.  The Contractor/Vendor and the bond insurer will be jointly and severally liable for the back wages, penalties, and/or Labor Code Liquidated Damages dues as a result of a prevailing wage violation.  “Labor Code Liquidated Damages” are equal to the total underpayment of wages remaining uncorrected sixty (60) days after service of the Notice of Withholding of Contract Payments pursuant to Labor Code section 1742.1.  The underpaid employee will receive both the liquidated damages and the underpayment amount.

    9.  Pursuant to Labor Code section 1778, every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives or conspires with another to take or receive, for his own use or the use of any other person any portion of the wages of any workman or working subcontractor, in connection with services rendered upon any public work is guilty of a felony.

    Apprentices -- (applicable to contracts $30,000 and over)

    1.  Contractor/Vendor and all Subcontractors shall comply with requirements in Labor Code section 1777.5 and Title 8 CCR sections 200 et seq. Contractor/Vendor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable crafts or trades.  Contractor/Vendor and any Subcontractor(s) who fail to comply with Labor Code section 1777.5 shall be subject to penalties specified in Labor Code section 177.7.

    2.  Contractor/Vendor and all Subcontractors shall submit contract award information using the Division of Apprenticeship Standards (DAS 140) Form to the applicable apprenticeship committee within ten (10) days of the date of execution of contract and no later than the first day of work as per Title 8 CCR section 230.  Contractor/Vendor shall simultaneously submit a copy of the completed DAS 140 Form to District Labor Compliance Program.

    Working Hours

    1.  Contractor/Vendor and all Subcontractors shall comply with the following provisions for working hours:

      1. Pursuant to Labor Code section 1810, eight (8) hours labor shall constitute a legal day’s work.
      2. Pursuant to Labor Code section 1811, the time of service of any worker employed at any time by Contractor/Vendor, of any tier, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as otherwise provided by law.
      3. Notwithstanding the foregoing provisions, work performed in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours per week at not less than one and one-half (1 ½) times the basic rate of pay, or as otherwise required by law.  All work performed on Saturday, Sunday, and/or holiday shall be paid pursuant to the Prevailing Wage Determination.
      4. Unless otherwise provided in the Supplementary Conditions, where a single shift is worked, eight (8) consecutive hours between 7 AM and 5 PM shall constitute a work day at straight time for all workers;
      5. Unless otherwise provided in the Supplementary Conditions, forty (40) hours between Monday 7 AM and Friday 5 PM shall constitute a workweek at straight time;
      6. The District’s Labor Compliance Program audit and investigation uses the working hours referenced above and determines violations and penalties accordingly, unless evidence is found to the contrary, such as in the Supplementary Conditions, or is prescribed by law.

    2.  Failure to comply with the payment of overtime wages shall result in a penalty to the District pursuant to Labor Code section 1813 and applicable regulations, for each calendar day, or portion thereof, during which worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without proper compensation in violation of Labor Code section 1810 et seq. and/or applicable regulations.

     Certified Payroll Reporting Forms and Payroll Records 

    1.  Contractor/Vendor will and shall be responsible for the submission of certified payroll records of Contractor/Vendor and all Subcontractors within ten (10) days of the week ending date of each week.  Contractor/Vendor shall submit weekly original hard copy certified payroll records, including certified Non-Performance payroll records to the District’s LCP at:

    LAUSD, Facilities Services Division

    Labor Compliance Department

    P.O. Box 513307

    Los Angeles, CA 90051-1307

    When a Contract has various school projects, Certified Payroll Reporting Forms for each individual school shall be maintained and submitted in the method provided by District.

    2.  Contractor/Vendor shall submit to District Labor Compliance Program, an estimated start date for all Subcontractors, within five (5) days of the Subcontractor work start date and shall submit a revised estimate, if applicable, within five (5) days of knowledge of any changes to any estimated start date.  This document must contain the name and address of each Subcontractor, each Subcontractor’s license number and the estimated start date.

    3.  Contractor/Vendor shall provide, and shall cause all Subcontractors to provide, “Payroll Records” as defined in Title 8 CCR section 16000 to District, within ten (10) days of written request, at no cost to District.  “Payroll Records” are all un-redacted certified payroll records, time cards, sign-in sheets, daily construction reports, check stubs, canceled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, recipes or other evidences which reflect the job assignments, work schedules by days and hours, and the disbursement by way of cash, check or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to the Project. All received documents will become property of District.

    4.  Failure to submit Payroll Records within ten (10) days of such due date shall result in a penalty to District pursuant to Labor Code section 1776 and applicable regulations, until strict compliance is effectuated.

    5.  Should Contractor/Vendor or any Subcontractor neglect, fail or refuse to submit any of the above- referenced documents, Contractor/Vendor agrees to pay to District the sum of one hundred ($100) dollars per day in contractual liquidated damages, not as a penalty but as liquidated damages, for every day of noncompliance beyond ten (10) days after such documents are due (“Payroll Record Liquidated Damages”). Payroll Record Liquidated Damages shall continue to accrue until strict compliance is effectuated. Upon issuance of a Payroll Record Liquidated Damages Permanent Assessment, the liquidated damages amount will be disbursed to the District. The Payroll Record Liquidated Damages amounts are agreed upon by and between Contractor/Vendor and District because of the difficulty of fixing District actual damages in the event of failure to submit such documents. Contractor/Vendor and District specifically agree that said amounts are reasonable estimates of District damages in such event, and that such amounts do not constitute a penalty. Contractor/Vendor and District acknowledge and agree that the liquidated damages contained in this provision are reasonable under the circumstances existing at the time of Contractor/Vendor’s execution of the Contract. These Payroll Record Liquidated Damages are distinct from statutory Labor Code Liquidated Damages. This remedy is not exclusive and is cumulative of all other remedies available to District.

    Withholding Of Contract Payments

    1.  District will withhold payments from Contractor/Vendor in accordance with its rights and obligations under Labor Code section 1720 et seq. and applicable regulations, including, but not limited to, for all back wages, penalties and Labor Code Liquidated Damages.

    2.  Notwithstanding any other provision in this contract, District may withhold payment from any portion of the Contract Amount then or thereafter due the Contractor/Vendor for violation by Contractor/Vendor or any Subcontractor of the requirements of this PREVAILING WAGE REQUIREMENT section and for Payroll Record Liquidated Damages. Without limitation to the foregoing, payment shall not be made to the Contractor/Vendor when certified payroll records by Contractor/Vendor or any of its Subcontractors are delinquent or inadequate in accordance with Title 8 CCR 16435.

     

    Revised 02-07-24