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AGENDA
TEMECULA CITY COUNCIL
A SPECIAL MEETING
TEMECULA CITY HALL, MAIN CONFERENCE ROOM
43174 BUSINESS PARK DRIVE
SEPTEMBER 19, 1995- 3:00 PM
At approximately 9:45 PM, the City Council will determine which of the remaining
agenda items can be considered and acted upon prior to 10:00 PM and may
continue all other items on which additional time is required until a future meeting.
All meetings are scheduled to end at 10:00 PM.
CALL TO ORDER:
Mayor Jeffrey Stone presiding
Next in Order:
Ordinance: No. 95-13
Resolution: No. 95-79
Flag Salute:
Mayor Pro Tem Lindemans
ROLL CALL:
Birdsall, Lindemans, Parks, Roberrs, Stone
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited
to two (2) minutes each. If you desire to speak to the Council on an item not listed on the
Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out
and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
R:%AOende%080896 I
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
Assistance Agreement - U.S. Department of Interior, Bureau of Indian Affairs - City of
Temecula
RECOMMENDATION:
1.1 Approve an "Assistance Agreement" between the U.S. Department of Interior,
Bureau of Indian Affairs and City Temecula, providing for a total amount not to
exceed $6,000,000.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
R:',Agendm%080886 2
ITEM NO. I
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
J~seph Kicak, Director of Public Works/City Engineer
September 19, 1995
Assistance Agreement - U.S. Department of Interior, Bureau of India
Affairs - City of Temecula
RECOMMENDATION:
That the City Council approve an "Assistance Agreement" between U.S. Department of
Interior, Bureau of India Affairs and City of Temecula, providing for a total amount not to
exceed $6,000,000.
BACKGROUND:
Representatives of the City of Temecula have been coordinating their efforts with the
representatives of Pechanga Reservation and U.S. Department of Interior, Bureau of Indian
Affairs, Sacramento Area Offices, to obtain funding assistance for the replacement of the Pala
Road Bridge over Temecula Creek. City Council may recall that earlier this year the City
entered into a Memorandum of Understanding on this matter, which resulted in the attached
agreement.
The agreement provides for funding the replacement of the existing Pala Road Bridge over
Temecula Creek. The funding provided by this agreement is 80% of the total project costs,
not to exceed $6,000,000, with 20% of the cost as local shares.
The participants in the local share will include the City of Temecula and Riverside County (A.D.
159), pursuant to an agreement approved by the City Council at their regular meeting of
September 12, 1995.
Environmental and other preliminary studies are now being conducted. These are being
funded by an 80% grant, in the amount of $216,000in Federal funding, with the remaining
20% being funded by the City of Temecula and County of Riverside (A.D. 159) in the amount
of $27,000 each.
It is anticipated that construction of the facility will begin in 1996.
FISCAL IMPACT:
None
ATTACHMENTS:
Assistance Agreement
- 1 - r:~agdtpt\95\0919~PALA-BIA.AGR/ajp
UHITE~ STATES
DEPARTMENT OF T~E IFT~RIOR
BUREAU 0F INDIAN AFFAIR~
~002
AGREEBERT NUMBER
ACSJS0OOO51
TYPE OF AGREERENT
( 3 Grant
[IX ], Cooperative A~reement
3. REQUISITIOR NUMB~
I~;UED BY
U.~o Department o~ Interlot
Bureau ot Indian Aftairs
2see cottage way
~acrasento, Cl 95825
MARIE, ADDRESS AND PHONE NO. OF
A~ISTARC~ REPRESENTATIVE
Kanu Patel, SAO ]loads Enter
A~dres$ Smee as Above
(916) 979--2590
8- PROGRAM STATUTOF[ AUTHORITY
1~1~c ~ 102-240 and ~iCle
E.S.C. SeccLon
le. EFFECtiVE DATE
TOTAL AHOU~T OF NOT TO
AGRF,~IERT S
RECIPIEHT
CitTof Taecula
43174 ~uei-D=s Park Drive
Tcmccula, CA 92590
NAItZ, ADDRESS, AND PBORE M~ OF
Pa~CIPIEHT'5 PROJECT HANASE~
Joe K~P-}s Directors Public Works
adaress Sa~e as abme
(909) 694-1989
~ OF ~ECIPIE~T
11. C~NPI/~IOK DATE 9/30/2000
13. ACCOURTIMG AND J, PPROPHIATION DATA
~JIOUFr OF FUMDS
OBLIGATED s
14. PRO~I~'T TITLE
Replacement of uhe Palm ]b:k~a. Bridge
Acceptance of this Aeeistance
Agreement in accordance with the
terms and conditions contained
hereln is hereby msc~e on beh=lf of
16.
Acceptance o~ this Assistance Agreement in
accordance with the terms and conditions
cOntained herein is hermit made on behalf
of the United States of America, Bureau of
Indian ~fistr~
BY
MARE OF RECIPIE~rr
SIG~ATUIZ~ DATE
TYPED NAME
TITLE
PHONE
SIGNATURE DATE
GRAC'I~ I. HURE_-x~, 1~2N190-1095
TITLE C~.~...Cs/Ceop'ciiti_ve ~-reement Officer
PHOKE {916} ~7~--2570
Cooperative Agreement
No. AGSJ5000051
Page 2 of
1. ProGTam/FunctionDescription.
Pala Road Bridge, u~med by the City of Temecula,'whichprovides
access to the Pe~h~-ga Reservation, needs to be replaced due to
being functionally obsolete amd structurally.deficient. In order
to replace the existing bridge the Bureau of Indian Affaire,
SaCramento Area Office (SAO) will provide 80% of the funding and
the City of Temecula will provide 20% matching funds of the total
-bridge replacement cost.
2. Specific Operatin~ Relationship.
-Substantial involvement between the Bureau and the City is as
follows:
a.. The City will be the lead agency and re~l~on=ible for
.planning, accom~li~h~e~t Of cunstruction, construction
enginneering, programming and coordinating all activities
related to the replacement of the bridge with other
appropriate governman~] and private entities.
b. The City will perform survey, foundation investigation
and design for'the new bridge in accordance with current
Federal Highway S~-d~rds.
c. The City will prepare environmental documents and
perform mitigation action, if necessary, to comply with.'
Federal and State laws and regulations.
d. The City will subm/t the prelim~n~Ty and final plans,
Specifications and estimate to the Bureau and Federal
Highway Administration for review and approval of the
project.
e. The City will be responsible for preparation of the
final cantract package for advertis-m~mt and award of the
project.
!NorWay Augus[ 14, 1995 11:05am-- Page/,~
08/14/115 X3:4ii 'Z~ 1~1004
Cooperative Agreement
No. AG535000051
Page 3 of
f. The City will be responsible for engineering supervision
of construction activities at the projec~ site, including
survey, inspection, testimg, reporting, contract monitoring,
maintaining project records, preparaticua of progress
estimates, change orders, if necessary, and daily
documentation of events and construction progress.
g. The City will keep the Bureau informed of construction
or construction engineering overruns that may result in the
need for additio-~l fnnds from the Bureau which may require
a modification to the Agreement.
h. The City will be the owner of the bridge and will be
responsible for maintenance of the bridge prior, during, and
after the completion of the bridge.
i. The City will notify the Bureau when the project is
complete ~-~ ready for final inspection.
j. The Cit~will provide the Bureau with final total
project cost reports with individual breakdowns for survey,
design, construction, contract monitoring and quality
control.
k. The City hereby agrees to indemnif~ and hold harmless
the United States, its agents and employees, fro~ any loss
or damage from any Iiabilir~ on account of personal injury,
death, or property damage, or cl~m~ for personal injuz-i,
death, or propert~ damage of any nature caused by any
person, form, Or corporation authorized to act on behalf of
the City with regard to the City's activities under this
agreement.
1. The SAO wi!l provide technical assistance upon request
to the City in accomplishment of the above mentioned
activities.
m. The SAO and FFiWA will perform the final inspection of
the project and will p=ovide concurrence iu acceptance of
the contractor's work.
,Honoay August 1,~, 1995 11:0.~am -- Page
08/14/95 13:49 ~
~005
II.
GEKE~AL PROVISIOn:
A. Bodl~lcmtions- Any changes to this Agreement shall be made by means
of a written aodJflc~tion, Changes dealing with administrative
matters (such ms 12 Changes of address) may be -ode by a unilateral
aodlfic~tion- A modification pursuant to the below clause
-Terkination for Cause, guy also be made unilaterally- A aodilicatlon
- issued solely far ~unding a Federal Fiscal Te~r may be made
unilaterelly- Any other changes shall be made by a bilateral
mod4~ication (signed by both parties)- No written statement by any
other person than the Grants and Cooperative Agreements Officer, and
no oral statement of any person, shall be allowed in any manner or
degree to modify or otherwise affect the terms o~ the Agreement.
9. Termination ~or Canes. The Bureau may terminate the Agreement in
whole, or in pert, at any tie before the date of completion,
whenever it iS determined that the Recipient has f_-~led to comply
with the conditions of the Agreement- The Bureau shall promptly
notify the Recipient in writing of the determination and the reasons
for the termination, together wlth the effective date.
C. Termination for Convenience, The Bureau or the Recipient mat
torttaste the Agreement in whole, or in part, when both partlea agree
that the continuation o~ the project would not produce beneficial
results. The two partlea shall agree upon the terminations
conditions, including the ef~ective date and, in the case of partial
terminations, the port=Lone to be terminated-
D- The Bureau o~ Indian Affairs may terminate this Agreement upon the
passage n~ 32 days advance written notlos of such termination. The
Servicing &gent"/shall he reimbursed for its commitments extending
beyond the effective date of termination to a date not later than the
date upon whlch the ags~-=-nt would have expired ff not terminated
under this paragraph, vhlch the Servl~-ing Agency, in the exercise of
due diligence, is unable to cancel. Payment ~nder this Agreement,
including payments under thls article, shall not exceed the ceiling
amount elsewhere specified in this Agreement.
F. Utlll=atlon of Small Business Concerns and Small Disadvantaged
Bustne2~ Concerns-
a- It ls the policy o~ the United States that meal1 business
cDncefils and small business ~oncerns orned and controlled by
s'octall~ and economically disadvantaged individuals shall have
the nazimum practicable opportunity ta participate in performing
9~=ants and coopersrive agreements awarded by any Federal agencT-
b. The recipient hereby agrees to carr7 out this policy in the
awardlag of subagreements and contracts to the fulleat extent
consistent with efficlent grant/cooperative agreement
performance, The Recipient further agrees to cooperate in any
studies or Buryeye as may be conducted by the United States
Small Bunlamas Admisls~ration or the awarding agency o~ the
United States as may be necess~-y to determine the erreat of the
Recipient's compliance with ~his clause.
Mo~.c~ay AuguSt 1~, 199; ll:05am -- Page 08/14/95
F. A~ used in this agreement the term 'small business concernm shall'
mean a small business as defined pursuant to section 3 Of the Small
Business Act and relevant regulations promulgated pursuant %hereto.
The term emil business concern owned and controlled by socially
and economically disadvantaged Individuals' shall mean a small
business concern:
a, WhiCh is at least -~1 percent o,ned by one or more socially and
economically disadvantaged individuals; or in the case o~ ant
publicly ovned bu~ness, ~% least ~1 per centurn of the stock of
which is owned by one or more socially and economically
dtsadvantOeed Individuals; and
b. Whose management and dolly business operstlons are controlled by
one or more of such individuals.
~. The Recipient eha/1 presume that seclally and economically
disadvantaged Individuals lnc/ude Black Americans, H~spanlc
&metloans, Native Americans, Aslan-Pac~f~c Americans, Asian-
Indian Americans end other minorities, or ant Other individual
found to be d~sadventa~ed by the Administration pursuant to
Section 8(al of the 5mall Business Act.
H. ~eclptents actlng in good falth may rely on written representation
by ~hetr subrecipients or contract. ors regardtn~ their status a~
elfher a small buslness cnn~ern or a small business congem owned
and controlled bT soclally and economically disadvantaged d/vidual~.*
I. The Bec/plent is required to report quarterly on their uttlt=ation
of mlnorttT buslness enteTpriSee in subcontracts and subgrants on
Standard Form (SF) 334, ~L~ority Business Enterprise Utilization
~eport- Enclosed ls one copy of -~F-334 for your use, You ~re
~uthorlzed to reproduce +__~4~ form. The completed SF-3~4 shall be
.submitted to both the 1souinS office and the O~lce of 5ra/1 and
Disadvante~ed Business Utilization ~O~DBU), within le days after the
end of each flscal year quarter.
3. Equal ~-sployment Opportunityx All contracts awarded In excess of
,sis, see by the recipient and 1to contractors or subcontracts shall
uontsln a provision requiring compliance wlth Execnative Order 11246,
entltled 'Equal ~mployment Opoortunity, · as amended by Executive
Order 1213~5, and as supplemented in Depsrtment of Labor regulations
(41 CT~ part 62). ·
Ill. ONB CIRCULAR5:
All OMB circulate, with date of latest revision, are applicable to this
Agreement, as set £orth below- These c~r~ulsre are incorporate~ by
-reference and cma-r7 the same effect as if physicoily attached hereto.
The Recipient is responsible for an appropriate flov-dovn ~f the
requirement o~ the applicable OMB c!rc'~l=(~) in all euba~reemeatS ~
contracts a~arded hereunder.
MonGay August I~, 1995 ll:05am -- Page Z,
08/14/95 1~:~o ~ [~]007
The administrative nqutreMnts mmcl cost principles applicable to t.~e
subrecipient or coneactor depen~ an the eubr~iplent, and not the prlme
~ipient, and ~y, therefore, di~er from ~ ~st prinCIples and
administrative ~u~nts appli~ble to the prim R~ptent.
- OHm Cir~l~ A-21. Rmvis~ Februa~ ~, I~9 sCont Prlnclpl~ for
Educational In~ltutiou'
= OHm C~1~ A-87, Revis~ ~obmr 14, 1986 *Cost Principles for State
and L~I GovernMn~*
- O5B C~lar 1-88, Revis~ ~tober ~, 19~ *Indirgt Co~ Ra~ee,
and ~011n~p at ~untlOnal I~titutiou'
- Gem C~l= A-le2 Revls~ ffmr~ 11, 19~ 'Uniform Admini~tive
Requtre~n~ for Gr~ts-tn-lid ~ S~mte ~d ~1 Gove~men~w
- O~ Circul~ A-11e, Re~ 3uly ~, 1~6 *UnifOrm ~m~i~ratlve
Require~nts ~or Gr~s and ~er A~eeMn~ with ln~ttutions
RiCher ~ucatton, HospiCes, ~d ~er Nonprofit
- OHm C~r~l~ l-l~, Revi~ Apr~ ~, 1984 w~sk Printpies for
Sonprn~tt ~gmni~o~s
- O~B ~~ A-128, Revi~ Novee~r 13, 1~7 'Audit o~ State and Lo~l
Gove~t '
- Q~ Clr~ &-l~, 8ev1~ Rash 8e 1~ *Audlt of I~itatlOns
Highe~ ~u~tion and at~ Nonprofit InVitations'
~. ihen the Rgiplent~ub~lpl~t is s State or lo~1 gove~sent,
l~ludlng ~ Indlan tribal gov~nt, t~ appll~ble req~ements are
~ forth in GHB Cl=lar &-le2 Revi8~ ~e audit ~~sents are
contaM~ in ~B Cir~l~ A-128, Appltuble costs shall be deterstn~
in a~cordance ~i~ OHm C~I~
~. ~hen t~ Rectpient/SubrgiPient ~ an institution uf higher
a hospital, or other nonprofit ~anizatlou t~ applicable
r~u~ewn~ ~ ~ fo~ in OHm C~cul~ ~-llS- Stan~ ~or
fin~ci~ un~9smear sy~e~ for an7 of thee ~tpien~ ~ cont~n~
~ Atta~h~nt F the~to. ~e audlt re~re~n~ ~n conta~ in
C1~I= k-l~- In avards to institutions ~ Mgher
appl1~ble coe~ shall ~ determined in a=or~u ~ith ~B Cir~l~
1-21 and ind~ ~ ~teg ~1 be establish~ in acco~ance vith
OHm C~rcul~ A-~- ~hen ~he Rgipient is a nunprofit organizati°n,
~pplluble co~s eh~]l be dete~ in accardance with GaB Cir~l~
1-1~ Revls~-
C. ~en the R~tpient/Subr~lpient is a cowmortal organizatioA, the
basic principles of QHB Clr~l~ ~-lle shall be incorporat~ into
avid to the e~ent applicable, boyever, co~ principles shall be
a~ord~ ~ith Part ~1 o~ the Federal Acquisition R~ulatiun
Subchapter 31.2 entitled, 'Con~r~s ~tth Coa~tal ~gani~ttou-
,Monday August 1- ,95 ll:05am -* Page 8i
08/14/95 13:51
'11fi)IaW PREFER~Nr" - DEPART~t3IT Ot T~ IRITRIOR (_~°q 1984)
a. ~e ~nkn~or s~ to give p~e~nce to ladlos who can ~rfon
~e york ~1~ rq~l~s of aft (~bJ~ to e-~ntlng lays a~
~ulatlou), se~ Rltgton, or ~thl ~f21atlon for ~alning
e~l~nt oppo~tt~ ~ th~ contn~ ~d, to the
fearhie ~ulatent wt~ the efficient ~r~omn~ of ~ conrad,
~lng and emplo~nt pn~e~n~ and oppo~nntttee all be
Favid~ to .Indlnnm ~ardless ~ a~ (~J~ to exlstlng ls~s ud
r~latlo~), ~x ~ltglon, ~ ~ibal affiliation who a~ not
~alfftH to perfen ~r ~ conrad- ~e con~a~or also
a~ t0 glve p~e~ to I~lsn o~antntlou ud Iadlan-o~
~nostc enterrises ~ the sx~tng of uy ~on~a~ cons~tent
wlth t~ effluent pffom~ ot the ~ntn~. ~e Con~tor
shall mint~ ~ch ~o~ ~ m necess~ to tndtu~ compllu~
with tb~ p~agraph,
b, In conn~on vt~ the IndtM eeplo~at pn~eten~ R~rement8 of
this clare, ~e ~ntn~or shall also p~vtde oppo~tttes for
tra~ incidents to ~ esplo~nt- ~ch tra~g shall tnclu~
on-~PJob, ~u~oom, ~ appmtt~s~p ~lng, whl~ ~
~t~t~ to ~:ea~ t~ yourlone1 effg~ven~ of ~ Indian
employ~-
c. I~ ~e Contn~or ~ able ta fill 1~ tn~g and esplo~ent
after ~g fgll coMld~atlon to Indlau u ~q~ by t~
claus, tho~ ~ uY ~ utlsf$~ by sel~on of p~ons
'th~ Indtau ~ a~o~ vl~ the cla~ o~ ~is cont~ entttl~
· ~ual Oppo~utt7, ·
d, l~ no ~t~ o~ntuttone ~ ln~-ou~ goao~c enterprises
avatl~le f~ an~g o~ ~bcon~a~s ~ conngtton with the
perfo~ ~der t~ con~ lnvolv~g utilization of sail bmne~
con~, s~11 b~u cones ou~ ~d ~ntroll~ by
~ad ~nost~lly ~ndvantag~ individual, or labor ~rpl~ a~
G~]O08
e. As used in this clause: ..
1. "Indlane mean~ a person who is a 'member o~ an Indian Trlbe. I~
the Contractor has a reason to doubt that a person seeklag
employment preference is an Indian, the Contractor shall grant
the preference bu~ shell requlre the indivtd~ml, within ~2 days,
to provlde evidence from the Trlhe concerned that the person is a
member o~ that Tribe.
· Indian Tribe" means ms Indian tribes, band, nation, or other
organized village corporation as defined in or e~tabllsbed
p~rguant to the Alaska Native Claim Settlement Act (85 Strut.
6&8; 43 U,S,C- l&~l) vhlch t8 recognized as eligible ~or the
speciaZ programs and services provided by the United States to
Indians because of their r~atu~ u Indiana.
08/14/95 13:52 ~
~ooo
3. "Indian Or~anlzatlOn' teem the governing body of any lodlan
Tribe or enk, ity established or recognize{! by such governing body
In eccordmnce with the Indian FInancing Act ot 1974 (8~ Stet. 77;
24 U.~C. 14:31),
4- *Indian-owned economic enterprises" means any Indian-owned
comx~rclal, Industrial or buslnesm activity established or
organized for the purpose of profit provided that such Indian
ownership shall constitute not less than 51 percent o~ the
enterprise-
i- The Contractor agrees to ixr_lude the provlsioDs of the clottee
including this pare~rmph (f) LD each subcontra~t awarded under thU
alause.
g. In the event of noncompltaDce with thls ~lsueee the Contractor's
right to proceed rosy be termt~sted in whole or t2 par~ by the
Contracting ~f~tcer and the york completed in a manner determined
the C~ntracting O~flcer to be in the heat lnterest of the Government.
IgDIAN PREFER~-NCE PROGRA~ (~JB~NTRACT~) - DEPART~3iT OF THE INTERIOn
~APR 1984)
a. In addltlon to the requirements of ~he clause of this contract
entltled *lndlan preference-Depax~ment o~ the Interior, * the
Contractor agrees to establish and conduct an Indian preference
program which w111 expand the oppor~un4~iee for Indlans to recelve
preference ~or trainlng and eraplotsent in connection with ~he ,ork tn
be performed under tbls con%not- In this connection, the contractor
shall:
1. ~es4~nate a Itsleon offlcer who will (~) ~s~n~atn liaison vtth the
Government and Trlbe (s) on Indian preference matters;
s~pervlse compliance with the provisions of this clause; and
adllnt~ter the Contrgctor's Indlan proference program.
2- Advise lts recruitsent sources In vrlttng and include a etat~ment
In all adver~tsetents ~or emplo]meot that Indian applicants ~tll be
given preference in elployment and training 12clden~-a to ouch
employant-
3- ~ot lees than 22 calendar days prior to c~mmencement o~ york under
this contract, poet a written notice in the Trlbal D~flce o£ anT'
reservations on ehich or near where the vor~ under thls contract is
to be performed, vM~h sets ~orth the Contractor's emploFment needs
sad related trmtnlng oppo~tunittes- The notlos shall lnclude the
approximate number and t~pes o~ esplo~ees needed, ~he epproxtmate
dates ~ eraploTsent the experience or speclal gkllls required for
employsent, t~ any; ~-minlng cppox~unit~es available: and ~11 other
pertinent ln~ormatton necessary to advise prospective employees
any o~her employsent requtremen~a- The Contractor shall also
request the Trlbe (s) on or near xhose reservation (s) the ~ork
to be per~Graed to provide assistance to the Contractor in ~tll~ng
lts emp~oymeut needs ~nd tralnlng opportunities- The Con~racttn~
~icer vlll advlse the Contractor af the name, location, and phone
number of t~e Tribal oiflctals to contact in re~ard to the posting
o~ notices a~d requests for Tribal artistonce.
Augus[ ],, ~yv) ]]:03am -- Page
08/14/05 13:52
QOiO
4- Establish end conduct a subcontracting program which gives
preference to Indian organizations and Indian-owned economic
enterprises as subcontractors and suppliers under this contract.
Consistent with the efficient performance of this contract, the
Contractor shall give public notice o~ existing s~bcontracting
opportvnitieo by soliciting bids of proposals only from Indian
organizations or Indian-owned economic enterprises- The Contractor
shall request am~st~nce and incarnation on Indian firms qualified
as supplies or subcontr~tors from the Tribe (o) on or near
reservation (s] the york under the contract is to be performed.
The Contracting Officer viII advise the Contractor of the name,
location, and phone nmsber o~ the Tribal officials to be contacted
in regard to the request for assistance ted i~forsstion, Public
notices and solicitations ~or existing subcOntracting opportunities
shall provide an equitable oppnrtunlty lot Indian firms to submit
bids or proposals by including: (i) & clear description of the
supplies and services requj-~ed including quantities,
specifications, and deliver~ schedules which facilitate the
participation of Znd~an fires; (ii) a statement indicating the
preference v~tl be given to Indian organizations and Indian-owned
econoaJ~: enterprises in ac~srd~nc~ with Section 7(b) of P, L.
93-638; ~88 Star. 22e5; 25 U.S.C. 4See: fiii) definitions for the
~erms elmdine organizatione and 'Incttan-ovned economic enterprises"
ns prescribed under the "Indian Preference Department of the
Interior" clause of th~s contract; (iv) a .representation to be
completed by the bidder or oY_(erer that ls an Indian
organization or lndian-oxned economic enterprise; and (v) · closing
date for receip~ of bids or proposals ~hicb provide suf~icient time
fnr preparation and submission of a bid or proposal.
If, after soliciting bids f~oe Indian organizations and Indian-
owned scan.sic enterprises, no responsive bid is received the
.Contractor shall compl~ ~ith the requirements of paragraph (d] o~
~he 'Indian Preference-Department of the Interior' cla,se ~i this
contract. I~ one or more responsive bids are received, award shall-
be made to the lay responsible bidder 4~ the bid pri~e is
deter-~ned t0 be reagonable us to price, the Contractor shall
attempt t~ negotiate a reasonable price and sward a subcontractor.
If a reasonable price cannot be agreed upon, the Contractor shall
comply with the requirements of paraffraph (d) of the "Indian
preference-Department of the Interioru clause of the contract.
~. Matntaln vrltten records under f. him contract whlc~ tndlCltenx (1}
The names and mdd~eeaee o~ all Indiana meekLag amPloTmeat for each
employment paeltlon available under this contract: (11} the number
o~ tTPe~ o~ positions ~tlled by: (A} Zndlang and tB) non-Zndlang,
~nd the name, address, and pealties o~ each Indian eaploye~ under
thls contract; (111) for tbo~e poaltlonm where the~e eze both
Indian and n~-lndtnn applicants and a non-Indian is selected ~or
employment, the reason (5) why the ladles applicant was not
selected; (iv) actlea taken to give preference to Indian
organizations and Indian-owned economlc enterprimes for
ribcontracting opportunities which exist under thin contract,
reasons why preference v~s not glven to Indian firms a8
subcontracting or suppliers, ~oF each requirement where It
determined by the Cantractor that such preference would not be
consIntent vben the e~lclent performance o~ the contractor; and
(vi) the names and addresses o~ all Indian orgmnizatlona and
Indtan-orned economic enterprises; (A) contacted and (O) receiving
subcon~rlct awaz'di under this contract,
G. The contractor shall submit tu the Contracting officer far approval
a semiannual report which summarizes the contrmctor's Indian
preference program and indicate the nunbar and t~pes of evaliable
positions fille~ sad dollar amounts o~ all subcontracts a.mrded to
(9) Indian organization6 and Indian-o~ned econnnic enterprises and
( b ) all other firms.
7. Records maintained puz~umnt tn this clause vtll ~e kep~ evaliable
· or farley by the Government until expt~atian of one (1) year a~ter
~al paTmeat under thls clause of th~ contnc~ or by appllceble
laws or regulations,
b. For purposes of this clause, the ~olloving definitions of terms
mhall apply:
1. The terms 'Indian, ' 'Indian Tribe, ' 'Indian Or~anization*.- and
· Indian-owned F~:onomic EnterPrises are defined in the clause
this contract entitled 'Indian Preference- ·
Z ,Indian Reservati°ns includes Indian reservations, public dommin
Indian allotments, ~armer Indian reservation6 in Oklahoma, and land
held by incorporated Native groups, regional corporations, and
willsee corporsti~ns under the provisions of the Almska Native
Claims ~ttlement Act (8~ -~tnt. fi; 43 ~.~.C. 1~1 et esq. ~
3. e~n or near an IBdian Re~ervation' means on a remerv6tion or
reservation~ er within ~bat ares surrounding an Indian res~atian
(s) where a ~erson seeking employment could reasonably he expected
to commute to and from in the course afm york day.
c. Ho~_hing in the requirements af this clause shall be interpreted
precluc~ Indian tribes ~rom indepen~ently developing and enforcing
their ova Indian preference requirements- ~h requirements must not
hinder the G~vernmsnt's right to ~ard contrm~s an~ ta administer
their provisions-
d. The contractoF agrees ~o include the provisions of this clause
~ncluding thin paragraph
cout~ to no~y ~be Con~cting Offi~r o~ 6u~ sub~n~scts-
e. ~n the ~nt of aon~spliance vl~h this clauoe~ the con~actor's right
~o pr~ ~Y be te~at~ in vho~e or in par~ b~ the Contracting
~f~r to be in the b~ intent of t~ 6ove~ment-