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Item 15 Staff Report Community Garage SaleCOUNCIL AGENDA REPORT DATE: February 9, 1999 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 3/15/99 ITEM NO. COMMUNITY GARAGE SALE A. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE LETTERS OF AGREEMENT WITH THE COUNTY OF SANTA CLARA AND THE CITY OF MONTE SERENO TO REIMBURSE EXPENSES. B. AUTHORIZE REVENUE BUDGET INCREASE (210-45099) TO REIMBURSE EXPENSES AND INCREASE FUND BALANCE. C. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HOPE REHABILITATION SERVICES FOR COLLECTION SERVICES. RECOMMENDATION: 1. Adopt resolution authorizing the Town Manager to execute letters of agreement with the County of Santa Clara and the City of Monte Sereno to reimburse expenses. 2. Authorize revenue and budget increase (210-45099) to reimburse expenses and increase fund balance. 3. Adopt resolution authorizing the Town Manager to execute an agreement with HOPE Rehabilitation Services for collection services. BACKGROUND: To divert waste from the landfill, the Town sponsored its first annual Community Garage Sale last May. There were approximately 200 garage sales held throughout the Town. This was an excellent community -building event that allowed residents to meet their neighbors, make some cash and meet our primary objective of diverting useable items from the waste stream. Many residents are looking forward to participating in the program again this year, scheduled for May 15. DISCUSSION: Agreement with Santa Clara County and the City of Monte Sereno Last year the Town entered into a letter of agreement with the County of Santa Clara allowing residents of the unincorporated Los Gatos area to participate in the Community Garage Sale. This year, both the County and the City of Monte Sereno would like to participate. Letters of agreement with the County and Monte Sereno to compensate the Town for administrating and coordinating the Garage Sale have been drafted and are attached (Attachment 1 with Exhibits A and B). The Town will manage all aspects of the event including creating outreach materials, registering participants, and preparing a database. Under the proposed agreements, the County of Santa Clara agrees to reimburse the Town of Los Gatos up to $1,000, and the City of Monte Sereno agrees to reimburse the Town of Los Gatos up to $880, based on actual expenses as a percentage of the total. PREPARED BY: Re alkner, Commuii'? v rvices Director Reviewed by: Attorne��nance Revised: 2/9/99 10:08 am Reformatted: 10/23/95n:\csd\garage\tcrport.gar n PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: TOWN WIDE GARAGE SALE February 9, 1999 Agreement with HOPE Rehabilitation Services In addition to Garage Sale activities, the Program will also include collection of reusable items. Staff recommends that the Town contract with HOPE Rehabilitation Services to collect discarded reusable items left at the curb between 5:00 and 9:00 p.m after the sale. HOPE is best suited to serve the Town: it successfully provided collection services at the first annual Community Garage Sale, it operates a year-round scavenging program, and it is experienced with providing collection services for other city-wide garage sales in the County. In addition to improving participant convenience, this service will encourage materials re -use (as opposed to disposal). HOPE will provide these services at no cost. Last year, HOPE Rehabilitation Services made 135 pick-ups from registered Garage Sale participants. Garage Sale participants expressed their appreciation that this service was available, it was convenient and they were pleased with HOPE's performance. The agreement term is for one year with provisions for two one-year extensions. ENVIRONMENTAL ASSESSMENTS: This project is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Funding for the Project is included in the Town's FY 1998-99 Operating Budget. Staff recommends authorizing revenue budget (210-45099 project "210GAR") increase of $1,880 for reimbursement of expenses and corresponding fund balance increase. Account Description 1998/99 Adopted Budget Proposed Increase Revised 210-45099 Garage Sale Revenue $0 $ 1.880 S 1,880 Attachments: 1. Resolution Authorizing the Town Manager to Execute a Letter of Agreement with the County of Santa Clara and the City of Monte Sereno for Reimbursement of Expenses (with Exhibits A and B). 2. Resolution Authorizing the Town Manager to Execute an Agreement with HOPE Rehabilitation Services for Collection Services (with Exhibit A). Distribution: Margaret Rands, County Integrated Waste Management Program, 1735 N. First Street, Suite 275, San Jose, 95512 Brian Loventhal, City of Monte Sereno, 18041 Saratoga -Los Gatos Road, Monte Sereno, 95030 Jeanne Meeks, Manager, HOPE Rehabilitation Services, 4351 Lafayette Street, Santa Clara, 95054 Attachment 1 RESOLUTION 1999 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH THE COUNTY OF SANTA CLARA AND THE CITY OF MONTE SERENO FOR REIMBURSEMENT OF EXPENSES. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: WHEREAS, in May 1998, the Town provided Garage Sale Program coordination services to residents of the unincorporated Los Gatos area in accordance with Letter of Agreement with the County of Santa Clara; and, WHEREAS, the County of Santa Clara wishes to participate in the May 15, 1999, Community Garage Sale; and, WHEREAS, the City of Monte Sereno also wishes to participate in the 1999 Community Garage Sale Program. THEREFORE , BE IT RESOLVED: 1. That the Town Manager is authorized to execute a Letter of Agreement with the County of Santa Clara (Exhibit A) and the City of Monte Sereno (Exhibit B) for reimbursement of expenses related to the May 15, 1999, Community Garage Sale. 2. That the Town Manager is authorized to execute agreement amendments as long as they conform to the Town's adopted budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 1999 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA n:\csthgarage\coumon.res Attachment 2 RESOLUTION 1999 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HOPE REHABILITATION SERVICES FOR COLLECTION SERVICES WHEREAS, HOPE Rehabilitation Services successfully provided collection services at the Town's first annual garage sale; and, WHEREAS, HOPE Rehabilitation Services operates a year-round scavenging program and provides collection services for other city-wide garage sales in the County; and, WHEREAS, garage sale participants expressed their appreciation that this service was available, it was convenient and they were pleased with HOPE's performance. THEREFORE, BE IT RESOLVED: 1. That the Town Manager is authorized to execute an Agreement with the HOPE Rehabilitation Services (Exhibit A) for Collection Services related to the May 15, 1999, Community Garage Sale. 2. That the Town Manager is authorized to execute agreement amendments as long as they conform to the Town's adopted budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 1999 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA n:1csd1garage 1resol.hop Exhibit A TOWN OF LOS GATOS AGREEMENT FOR COLLECTION SERVICES THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and HOPE Rehabilitation Services (hereinafter referred to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: 1. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for Town of Los Gatos described herein. A. Purpose: Define the agreement between the Town of Los Gatos and HOPE Rehabilitation Services regarding collection services to be provided by contractor. B. Scope of Services: To collect discarded materials left at the curb by participants in the Town's Town -Wide Garage Sale to be held Saturday May 15, 1999. Materials will be collected from 5 p.m. to approximately 9 p.m. Contractor will use its own vehicles and staff for collection. Any and all revenues received from sale of the materials will go to support the contractor's services. C. Other Requirements: 1) Work cooperatively with Town and residents 2) Obtain a Town business license 3) Satisfy insurance requirements - Exhibit A 4) Satisfy Equal Opportunity Employment Conditions - Exhibit B D. Change Orders: All changes to this contract shall be in writing and signed by the Owner and the Contractor. 2. CONSIDERATION In consideration for providing the services required by this Agreement, Contractor shall have the right to keep, use, sell and other wise dispose of all materials collected pursuant to this agreement. Agreement Page 1 3. BEGINNING OF WORK Following the execution of this agreement and the approval of insurance policies and certificates, Owner shall issue a notice to proceed with the work. Commencing work or the entrance of equipment or materials on the site of the work by Contractor before receipt of the notice to proceed is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injury sustained by Owner or third persons resulting therefrom. All work shall be performed on May 15,1999. 4. TIME OF COMPLETION The work called for herein shall be fully completed by 9:00 p.m. 5. INDEMNIFICATION The Contractor shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Consultant's officers, employees, or agents or any subcontractor. 6. INSURANCE Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors, as stated in Exhibit A to this Contract. The cost of such insurance is included in the Contractor price. 7. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall conform its conduct to the Owner's Equal Opportunity Program set forth in Exhibit B. 8. HOURS OF WORK Hours of work shall be limited to 5:00 p.m. to 9:00 p.m. on May 15, 1999. A change in hours must be specifically approved by the Director of Community Services. 9. BUSINESS LICENSE All Contractors, whether they be general Contractors or subcontractors, who transact or carry on business in the Town of Los Gatos, shall acquire a Business License in conformance with Section 14.20.115 of the Los Gatos Town Code. Agreement Page 2 10. PREVAILING WAGES Workers employed in the work must be paid at rates at least equal to the then current prevailing wage scale as determined by the State Director of the Department of Industrial Relations. A copy is usually on file in the Office of the Director of Building and Engineering Services. Pursuant to Section 1770 of the California Labor Code, any Contractor who is awarded a public works project and intends to use a craft of classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft of classification most closely related to it as shown in the general determinations effective at the time of the calls for bids. 11. WAIVER Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 12. SEVERABILITY If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 13. AGREEMENT EXTENSION The services of the of the Contractor are to begin and end on May 15, 1999, from 5:00 p.m. to 9:00 p.m. The Agreement may be re-entered in 2000 and again in 2001, upon mutal agreement of the parties. Agreement Page 3 14. ENTIRE AGREEMENT AND AMENDMENT This Agreement including Exhibits A and B, which are attached and incorporated herein, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or in writing, and shall not be amended except in writing approved by the Owner and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 19. TOWN OF LOS GATOS CONTRACTOR By By Town Manager Title Jeanne Meeks, Manager Contractor's License: N/A RECOMMENDED BY: Regina A. Falkner Director of Community Services HOPE Rehabilitation Services 4351 Lafayette Street Santa Clara, California 95054 APPROVED AS TO FORM: ATTEST: ORRY P. KORB, ESQ. MARIAN COSGROVE Town Attorney Town Clerk, Town of Los Gatos N: \CSD\garage\hope. agr Agreement Page 4 EXHIBIT A INSURANCE REQUIRED A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. BEGINNING OF WORK Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF -INSURED RETENTIONS Any deductibles or self -insured retentions must be declared to and approved by the Town of Los Gatos. At the option of the Town of Los Gatos, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Town of Los Gatos, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. OTHER INSURANCE PROVISION The policies are to contain, or be endorsed to contain the following provision: 1. General Liability and Automobile Liability Coverages Agreement - Exhibit A a. The Town of Los Gatos, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contracts, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Los Gatos, its officers, officials, employees, or volunteers, b. The Contractor's insurance coverage shall be primary insurance as respects the Town of Los Gatos, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town of Los Gatos, its officers, officials, employees, or volunteers shall be excess of the Contractors Insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town of Los Gatos, its officers, officials, employees, or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town of Los Gatos, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the Town of Los Gatos. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the Town of Los Gatos. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than B+. F. VERIFICATION OF COVERAGE Contractor shall furnish the Town of Los Gatos with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Town of Los Gatos. Where by statute, the Town of Los Gatos's workers' compensation -related forms cannot be used, equivalent forms approved by the State Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Town of Los Gatos before work commences. The Town of Los Gatos reserves the right to require complete, certified copies of all required insurance Agreement - Exhibit A policies, at any time. G. SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Agreement - Exhibit A EXHIBIT B EQUAL EMPLOYMENT OPPORTUNITY CONDITIONS 1 GENERAL From and after the award of the Contract and during the course of the work on the project, the Contractor shall comply with the following Equal Employment Opportunity Conditions. 2. EQUAL EMPLOYMENT OPPORTUNITY POLICY Contractor adopts and accepts as its operating policy the following statement: "It is the policy of this company to assure that applicants are employed and that employees are treated during employment without regard to their race, religion, sex, color, or national origin. Such action shall include employment, upgrading, demotion, transfer, recruitment and recruitment advertising, termination, pay, and selection for training, including apprenticeship." 3. EQUAL EMPLOYMENT OPPORTUNITY OFFICER: Contractor shall designate and make known to the Director of Building and Engineering Services an Equal Employment Opportunity Officer capable of administering and promoting an active Contractor program of equal opportunity who will be assigned adequate authority and responsibility to do so. 4. DISSEMINATION OF POLICY All members of Contractor's organization with authority to hire, supervise, promote, and terminate employees, or who recommend such action, shall be made fully cognizant of and shall implement the Contractor's Equal Employment Opportunity policy: The following actions shall be taken as a minimum: A. Periodic meetings of supervisory personnel shall be conducted before start of work and at least once every three (3) months for the purpose of reviewing and explaining the Contractor's Equal Employment Opportunity Policy and its implementation. The meetings shall be conducted by the Equal Employment Opportunity Officer or other knowledgeable company officials. B. All new supervisory employees shall be indoctrinated as to the Contractor's Equal Employment Opportunity obligations within thirty (30) calendar days following their reporting for duty with the Contractor. C. The Equal Employment Opportunity Officer or appropriate company official will instruct all employees engaged in recruitment and hiring as to the methods followed by the Contractor in recruiting and hiring qualified employees 5. RECRUITMENT A. When advertising for employees, the Contractor shall include in all advertisements for Agreement - Exhibit B employees the notation: "An Equal Opportunity Employer". It shall insert all such advertisements in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. B. If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an Ownership interest in the Contractor's business, in those case where the Contractor is not precluded therefor by a valid collective bargaining agreement, systematic and direct recruitment shall be conducted through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor shall, through its Equal Employment Opportunity Officer, identify sources of potential minority group employees and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. C. If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an Ownership interest in the Contractor's business, the Contractor shall encourage present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants shall be provided to such employees. 6. PERSONNEL ACTIONS A. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: 1. The Contractor shall conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. The Contractor shall periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. 3. The Contractor shall periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor shall promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 4. The Contractor shall investigate all complaints of alleged discrimination made to the Contractor in connection with its obligations under this contract, shall attempt to resolve such complaints, and shall take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor shall inform every complainant of Agreement - Exhibit B all of his/her avenues of appeal. 7. TRAINING AND PROMOTION A. If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an Ownership interest in the Contractor's business, programs designed to increase the skills of all employees and applicants for employment shall be promoted as follows: 1. Consistent with its manpower requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, such as pre -apprenticeship, apprenticeship, and/or on-the-job training programs for the geographical area of contract performance. 2. The Contractor shall advise employees and applicants for employment of available training programs and entrance requirements for each. 3. The Contractor shall periodically review the training and promotion potential of employees and shall encourage eligible employees to apply for such training and promotion. 8. UNIONS A. If the Contractor relies in whole or in part upon unions as a source of Contractor's work force, the Contractor shall use its best efforts to incorporate an Equal Employment Opportunity clause into all union agreements which defines responsibilities for non- discrimination in hiring, referral, up -grading and training, and otherwise implements an affirmative anti -discrimination program in terms of the union's specific areas of skill and geography, to the end that all qualified workers will be available and given an equal opportunity for employment, and such unions will be contractually bound to refer applicants without regard to their race, color, religion, sex or national origin. In the event a union is unable to refer applicants as requested by the Contractor within the time limit set forth within the union agreement, the Contractor shall, through its recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified persons. 9. SUBCONTRACTING A. The Contractor shall use its best efforts to assure subcontractor compliance with their Equal Employment Opportunity obligations. 10. NOTICES AND POSTERS Contractor shall make known its Equal Employment Opportunity responsibilities under this Contract by the following methods: A. Executed copies of the Contractor's "Fair Employment Practices Statement" shall be: 1. Conspicuously posted in all areas where job applicants and potential employees Agreement - Exhibit B appear for purposes of gaining employment by the Contractor; 2. Conspicuously posted on all employee bulletin boards and in other areas where employees of the Contractor congregate; and 3. Transmitted to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, and to all other sources or employee referrals, including schools and employment agencies. B. Posters containing the following wording shall be conspicuously posted in all areas where job applicants and potential employees appear for purposes of gaining employment by the Contractor " " is an Equal Employment Employer." C. The Contractor's Equal Employment Opportunity policy, as described in Section(b) shall be distributed in written form to all employees. 11. FAIR EMPLOYMENT PRACTICES STATEMENT The Contractor shall execute the following Fair Employment Practices Statement: "Fair Employment Practices Statement": (name of Contractor) is an Equal Employment Opportunity Employer, as such has adopted the policy and will take affirmative action to employment without regard to their race, color, religion, ancestry or national origin. On (date) (Name of Contractor) was awarded a public works contract by the Town of Los Gatos, a municipal corporation situated in the County of Santa Clara, State of California, for the work of (Name of Contract). Under said Contract, has agreed to comply with those Equal Employment Opportunity Conditions described in Exhibit B of the Contract said project, and has agreed, among other things, that damages will be paid to the Town in event it is found that the requirements of said Conditions have not been satisfied. Dated: Signed: 12. RECORDS The Contractor shall keep such records as are necessary to determine compliance with its Equal Employment Opportunity obligations under this Contract. Such records shall be retained for a period of one year following completion of the project. Such records show: A. The number of minority and non -minority group members employed in each work classification on the project. B. The efforts and progress being made in cooperation with unions to increase minority group employment opportunities. (Applicable only to Contractors who rely in whole or in part on unions as a source of their work force). C. The efforts and progress being made in locating, hiring, training, qualifying, and Agreement - Exhibit B upgrading employees. The above -described records, together with the Contractor's records of employment, employment advertisements, application forms, and other pertinent data shall, upon request, be opened to inspection and copying by the Director of Building and Engineering Services or the Director of Building and Engineering Services authorized representative, or any other agency of the State of California designated by the Director of Building and Engineering Services, for purposes of investigating whether the Contractor has complied with the Equal Employment Opportunity conditions of this Contract. 13. REPORTS Between the date of the award of the Contract and the date of the commencement of work on the project, the Contractor shall in conformity and compliance with the directions of the Director of Agreement - Exhibit B Building and Engineering Services, submit to the Director of Building and Engineering Services a basic compliance report which shall include the following: A. The name, business address and telephone number of the Contractor's Equal Employment Opportunity Officer. B. An executed copy of the Contractor's Fair Employment Practices Statement. C. A description of the Contractor's sources of potential employees, and the identity of the person or persons who have responsibility for determining who the Contractor will hire and whether or not to hire. D. Such evidence as is required by the Director of Building and Engineering Services, showing that the Contractor has notified all supervisors, foremen, and other personnel officers, in writing, of the content of the Contractor's Equal Employment Opportunity policy, E. Such evidence as is required by the Director of Building and Engineering Services showing that the Contractor has transmitted its "Statement of Fair Employment Practices" to all sources of employee referrals. F. Such evidence as is required by the Director of Building and Engineering Services showing that the Contractor has posted bulletins, posters, and the "Fair Employment Practices Statement" in the manner required by these Equal Employment Opportunity Conditions. 14. BREACH: In the event the Director of Building and Engineering Services, as a result of supervising the Contractor's performance under the Contract or after investigating a complaint by a third party, finds that the Contractor is or has been in violation of its agreement to comply with these Equal Employment Opportunity Conditions, notice of such violations shall be filed with the Director of Building and Engineering Services of the Owner and given to the Contractor by depositing same in the United States mail, postage prepaid, addressed to the last known business address of the Contractor, with return receipt requested. Not later than fifteen (15) calendar days after the filing of said notice with the Director of Building and Engineering Services, a hearing shall be held by the Town Council of the Owner for the purpose of ascertaining whether the charges contained in the notice are true, and, if true, whether the Contractor has failed to make a reasonable and substantial effort to comply with these Equal Employment Opportunity Conditions. Notice of the time and place of said hearing shall be given the Contractor not less than five (5) days prior thereto in the same manner as the notice of violations is given. During said hearing, the Council shall receive and consider any evidence offered by the Director of Building and Engineering Services, the Contractor, and any third party. At the conclusion of said hearing, the Council shall determine the matter and it determination shall be final. If after the hearing above described the Town Council of the Owner determines that the Contractor has failed to comply with these Equal Employment Opportunity Conditions, and has failed to make a reasonable and substantial effort to comply with said conditions, the Agreement - Exhibit B Contractor shall be deemed in material breach of the Contract. It is understood that the Owner will have suffered damage by virtue of said breach; and it being impractical and unfeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of Fifty Dollars ($50.00) for each calendar day during which the Contractor is found to have been in noncompliance. Such monies may be recovered from the Contractor and its surety. The Owner may deduct any such damages from monies due the Contractor. 15. DISQUALIFICATION FROM FUTURE CONTRACTS A finding by the Town Council of the Owner that the Contractor has failed to comply with these Equal Employment Opportunity Conditions and has failed to make a reasonable and substantial effort to so comply, or a finding of willful violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act, or similar provisions of Federal law or Executive Order, in the performance of work on the project shall be deemed a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which the Contractor may submit bids. A finding of willful violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act shall be deemed to have occurred upon receipt by the Owner of written notice from the California Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated said Fair Employment Practices Act and has issued an order under Government Code Section 12970, or obtained judgment and order of enforcement under Government Code Section 12973. 16. OTHER REMEDIES: Nothing contained in these Equal Employment Opportunity Conditions shall be construed in any manner or fashion so as to prevent the Owner from pursuing any other remedies that may be available at law or in equity. N: \MASTER\CONTRA CT\SHORTFRM. CON Agreement - Exhibit B Exhibit A COUNTY OF SANTA CLARA / TOWN OF LOS GATOS Letter of Understanding COUNTY PARTICIPATION IN TOWN OF LOS GATOS COMMUNITY GARAGE SALE This Letter of Understanding (LOU) between the Integrated Waste Management Program (IWMP) of the County of Santa Clara (County) and the Town of Los Gatos (Town) Community Services Department defines services to be provided to the County by the Town of Los Gatos Community Garage Sale Program (Program). RECITALS A. The Town and the County contract with Green Valley Disposal Company (GVDC) for collection of solid waste, recyclable materials, and yard waste for residential service areas within their separate jurisdictions. B. The Town administers a Community Garage Sale Program in which Town residents can participate as buyers and sellers of used goods, thereby reducing the flow of waste to the landfill. C. Inclusion of unincorporated area residents in the existing Town Program will allow those residents to participate in an effective program which includes outreach and publicity, and will reduce the duplication of effort and expense that would result from administration of separate County and Town Programs. D. For the purposes of this agreement "unincorporated area residents" are defined as unincorporated area residents with Los Gatos and Monte Sereno mailing addresses who are served by GVDC. There are 1,380 unincorporated area residents which meet this criteria. Section 1. The County agrees to: A. reimburse the Town 12.8% of the Program's actual costs, not to exceed $1,000. This share is based on household figures provided by GVDC; and B. pay the Town's invoice promptly. Payment to the Town shall be made within 30 days after receipt of the invoice by County. The payment must be mailed to the Town of Los Gatos, Accounts Receivable at P. O. Box 949, Los Gatos, California 95031, and must include the County's purchase order number. Section 2. The Town agrees to: A. provide a Community Garage Sale Program on May 15, 1999; B. administer the Program; C. include a statement that Los Gatos and Monte Sereno unincorporated area residents may participate in the sale in all Town press releases, interviews, advertisements, posters, and fliers related to the Community Garage Sale; D. coordinate all necessary outreach and publicity; E. create and distribute all outreach materials, including a map of the Town and County areas - page 1of3- showing the locations of all registered garage sales; F. process all requests for garage sale kits and registration forms from County residents; and G. issue an invoice to the County within 30 days of the event. Section 3. Estimated Program Costs Advertising $1,240.00 Copier Charges 330.00 Postage 210.00 Supplies 80.00 Salary Costs Sc Fringe Benefits 5,940.00 Total Budget $7,800.00 Not -to -exceed County share (12.8% of total) $1,000.00 Section 4. Liability Notwithstanding Government Code Section 895.2, neither the Town of Los Gatos nor the County of Santa Clara, respectively, nor any officer, employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with this LOU. It is also agreed that each party shall fully indemnify, hold harmless, and defend each other from any liability imposed for injury or damage occurring by reason of anything done or omitted to be done by that responsible indemnifying party under or in connection with this LOU. Indemnity shall extend to reimbursement of reasonably incurred costs and attorney fees. Section 5. Notice Any notices required herein shall be in writing and shall be given personally or by certified mail, return receipt requested, addressed to the respective parties as follows: TOWN: COUNTY: Regina A. Falkner Town of Los Gatos Community Services Director 208 E. Main Street Los Gatos, CA 95030 Margaret Rands, Program Manager County of Santa Clara Integrated Waste Management Program 1735 North First Street, Suite 275 San Jose, CA 95112 or to such other address as either party may from time to time designate in writing by notice to the other given in accordance with this section. 11. Entire Agreement This LOU constitutes the entire agreement between the parties for this Program. - page 2of3- Both parties have executed this Letter as follows: County: Margret J ' ands, Manager County of Santa Clara Integrated Waste Management Program Date: 3 — 3— APPROVED AS TO FORM AND LEGALITY: Kathy Kretchmer Deputy County Counsel ATTEST: Town: Regina A. Falkner Town of Los Gatos Community Services Director Date: David W. Knapp Town Manager Date: Orry P. Korb, Esq. Town Attorney Marian V. Cosgrove Town Clerk - page 3 of 3 - Exhibit B TOWN OF Los GATOS LETTER OF AGREEMENT COMMUNITY GARAGE SALE February 4, 1999 CIVIC CENTER 110 E. MAIN STREET P.O. Box 949 Los GATOS, CA 95031 This Letter of Agreement (LOA) between the Town of Los Gatos (hereinafter "Town") and the City of Monte Sereno (hereinafter "City") allows residents of Monte Sereno to participate in the Los Gatos Community Garage Sale. The City of Monte Sereno agrees to: • reimburse the Town 11.3% of the program's actual costs not to exceed $880.00. This share is based on household figures provided by Green Valley Disposal Company; and, pay the Town's invoice promptly. Payment to the Town shall be made within 30 days after receipt of the invoice by City. The payment must be mailed to the Town of Los Gatos, Accounts Receivable at P.O. Box 949, Los Gatos, California 95031, and must include the City's purchase order number. The Town of Los Gatos agrees to: • provide a Community Garage Sale Program on May 15, 1999; • administer the program; • include a statement that Monte Sereno residents may participate in the sale in all Town press releases, interviews, ads, posters, and fliers related to the Community Garage Sale; • coordinate all necessary outreach and publicity; • create and distribute all outreach materials, including a map of the Town and Monte Sereno areas showing the locations of all registered garage sales; • process all requests for garage sale kits and registration forms from Monte Sereno residents; and, • issue an invoice to the City within 30 days of the event. ESTIMATED PROGRAM COSTS: Advertising $1,240.00 Copier charges $ 330.00 Postage $ 210.00 Supplies $ 80.00 Salary Costs & Fringe $5,940.00 Budget Total $7,800.00 Not -to -exceed Monte Sereno share (11.3% of total) $ 880.00 INCORPORATED AUGUST 10, 1887 Letter of Agreement between City of Monte Sereno and Town of Los Gatos February 4, 1999 Page Two Signed: Brian Loventhal City of Monte Sereno City Manager 18041 Saratoga -Los Gatos Road Monte Sereno, CA 95030 APPROVED AS TO FORM: Orry P. Korb, Esq. Town Attorney ATTEST: Marian V. Cosgrove Town Clerk csd40: a:\garage\monteseagre Regina A. Falkner Town of Los Gatos Community Services Director 208 E. Main Street Los Gatos, CA 95030 TOWN OF LOS GATOS: David W. Knapp Town Manager INTERNAL TRACKING )MPLETE AND INITIAL EACH ST ACTION AGENDA ITEM: DESCRIPTION: RESO/ORD NUMBER: /7 97 3/ DATE LIST IN BOOK ON DISC' MARIAN'S FORM SENT TO DEPT. PUBLISH IF REQUIRED - SUMMARY Y/N DATE of Publication. WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST 1 Dist. Report Date: NO.of COPIES: 3 2 PROOF OF MAILING SENT: SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN OUR FILE. POST ED FILE IN VAULT SEND FOR CODIFICATION if ORDINANCE! INTERNAL TRACKING JMPLETE AND INITIAL EACH S i —$ ACTION AGENDA ITEM: DESCRIPTION: RESO/ORD NUMBER: /�9�f��" DATE lux LIST IN BOOK ON DISC? MARIAN'S FORM SENT TO DEPT. PUBLISH IF REQUIRED - SUMMARY Y/N DATE of Publication. WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: PROOF OF MAILING SENT: SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN OUR FILE. OSTED FILE IN VAULT SEND FOR CODIFICATION IF ORDINANCE'. cakfonn.�a2 RESOLUTION 1999 -32 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HOPE REHABILITATION SERVICES FOR COLLECTION SERVICES WHEREAS, HOPE Rehabilitation Services successfully provided collection services at the Town's first annual garage sale; and, WHEREAS, HOPE Rehabilitation Services operates a year-round scavenging program and provides collection services for other city-wide garage sales in the County; and, WHEREAS, garage sale participants expressed their appreciation that this service was available, it was convenient and they were pleased with HOPE's performance. THEREFORE, BE IT RESOLVED: 1. That the Town Manager is authorized to execute an Agreement with the HOPE Rehabilitation Services (Exhibit A) for Collection Services related to the May 15, 1999, Community Garage Sale. 2. That the Town Manager is authorized to execute agreement amendments as long as they conform to the Town's adopted budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the l5th day of March, 1999 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Jan Hutchins MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA RESOLUTION 1999 - 31 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH THE COUNTY OF SANTA CLARA AND THE CITY OF MONTE SERENO FOR REIMBURSEMENT OF EXPENSES. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: WHEREAS, in May 1998, the Town provided Garage Sale Program coordination services to residents of the unincorporated Los Gatos area in accordance with Letter of Agreement with the County of Santa Clara; and, WHEREAS, the County of Santa Clara wishes to participate in the May 15, 1999, Community Garage Sale; and, WHEREAS, the City of Monte Sereno also wishes to participate in the 1999 Community Garage Sale Program. THEREFORE , BE IT RESOLVED: 1. That the Town Manager is authorized to execute a Letter of Agreement with the County of Santa Clara (Exhibit A) and the City of Monte Sereno (Exhibit B) for reimbursement of expenses related to the May 15, 1999, Community Garage Sale. 2. That the Town Manager is authorized to execute agreement amendments as long as they conform to the Town's adopted budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of March, 1999 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Jan Hutchins MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council Minutes March 15, 1999 Redevelopment Agency Los Gatos, California CONCRETE STREET RECONSTRUCTION/PRJ 9938/RESOLUTION 1999-30 (14.35) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RIDGELINE CONCRETE CORPORATION FOR THE CONSTRUCTION OF - PROJECT 9938 - CONCRETE STREET RECONSTRUCTION, awarding contract to lowest responsible bidder in the amount of $43,120 and authorizing transfer of funds in the amount of $49,620 from the Santa Cruz/Bachman Street intersection Project 9922, account 4420-85394, to the Concrete Street Reconstruction Project 9938, account 4420- 85397. Carried by a vote of 4 ayes. Mr. Attaway abstained due to a possible conflict of interest. COMMUNITY GARAGE SALE/LETTERS OF AGREEMENT/RESOLUTION 1999-31 (15A.20) COUNTY OF SANTA CLARA/CITY OF MONTE SERENO Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO EXECUTE A LETTER OF AGREEMENT WITH THE COUNTY OF SANTA CLARA AND THE CITY OF MONTE SERENO FOR REIMBURSEMENT OF EXPENSES, and authorize Revenue Budget increase 210-45099 to reimburse expenses and increase Fund Balance. Carried unanimously. COMMUNITY GARAGE SALE AGREEMENT/RESOLUTION 1999-32 (15B.20) HOPE REHABILITATION SERVICES FOR COLLECTION SERVICE Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AND AGREEMENT WITH HOPE REHABILITATION SERVICES FOR COLLECTION SERVICES. Carried unanimously. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM SUBGRANT AWARD FUNDS EXPENDED BY SANTA CLARA COUNTY/RESOLUTION 1999-33 (16.09) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS WAIVING RIGHT TO JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM SUBGRANT AWARD. AND AUTHORIZING THE FUNDS TO BE EXPENDED BY THE COUNTY OF SANTA CLARA. Carried unanimously. MILES AVENUE 17/TOWN SURPLUS LAND/HOUSING PROJECT/ORDINANCE 2059 (17.47) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Ordinance 2059 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM RM:5-12:LHP TO RM:5-12 FOR 351.72 SQUARE FEET OF TOWN SURPLUS PROPERTY LOCATED AT 71 MILES AVENUE, which was introduced at the Council meeting of February 16, 1999. Carried unanimously. VERBAL COMMUNICATIONS Homeless in Los Gatos: Judith Boyes, 12-A Montgomery Street, spoke of the Town forming a mentoring program to help with facilities and jobs for the homeless in our community. Mayor Hutchins suggested that Ms Boyes speak to Regina Falkner, Community Services Director, about the possibilities for securing help and support for this segment of our population. TC:D11:MM031599 4