2002-027- Authorizing The Town Manager To Execute An Agreement For Collection Services With The Salvation Army.RESOLUTION .2002 - 27
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AUTHORIZING
THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR
COLLECTION SERVICES WITH THE SALVATION ARMY
WHEREAS, the Town desires to provide collection of unsold, reusable items
for participants of its annual Community Garage Sale.; and,
WHEREAS, the Salvation Army operates ayear-round scavenging program
and provides collection services .for other city-wide garage sales in the County and is
.fully qualified to provide such services to the Town; and,
WHEREAS, the Salvation Army has agreed to provide collection services to
the Town for no charge.
THEREFORE,, BE IT RESOLVED:
1. That the Town Manager is authorized to execute an Agreement .for
Collection Services with the Salvation .Army (Exhibit A).
2. Thatthe Town Manager is authorized to execute agreement amendments
extending the term, as long as they conform to the Council adopted budget..
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, .held on the 18t" day of March, .2002 by the .following
vote.:
COUNCIL MEMBERS.:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor :Randy Attaway
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR O HE TO F LOS GATOS
LOS GAT , CALIFO IA
ATTEST:.
~~~~
-CLERK OF THE TOWN O L S GATO
LOS GATOS, CALIFORNIA
n:\csd\gasage\resol.salvationarmy
_~ ~'
_.~~_ r
TOWN OF LOS GAT~~.~_ .~~~__ -
AGREEMENT ~~~ _~~_ ~~~ ~-
FOR COLLECTION SER~fi~CE S-- ~~~'~~ ~-=-~%
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner")
and The Salvation Armv (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 The Salvation.Army
regarding collection services to be provided by contractor.
B. Scope of .Services: To collect discarded materials left at the curb by participants in the
Los Gatos & Monte Sereno Community Garage Sale to be held .Saturday May 18, 2002.
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
Inconsideration 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 injurysustained by Owner or third persons resulting therefrom.
All work shall be performed on May 18,2002..
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 tune
arise or be-setup 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, emp ogees, 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. EOiJAL 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 4:00 p.rn. to 9:00 p.m. on May 18, 2002. 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 ofthe 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 18, 2002, from 4:00 p.m.
to 9:00 p.rn. The Agreement may be re-entered in 2003 and .again in 2004, upon mutual
.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 , 2002.
TOWN OF LOS GATOS
By
Debra J. Figone
Town .Manager
RECQ~ D BY:
Regina AYFalkner
Director of Community Services
CONTRACTOR
By
Captain James W. Sloan
Adult Rehabilitation Center Administrator
The Salvation Army
702 W. Taylor Street
San Jose, California 95126
APPROVED AS 'PO FORM:
ORRY P. KORB, ESQ.
Town Attorney
N:\CSD\garage\salvationarmy. agr l
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Agreement Page 4
EXHIBIT A
_ _ INSURANCE REQUIRED
A. MINIMUM .SCOPE OF INSURANCE
Coverage shall be at east 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).
Z. 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 nj ury 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 lossesand related investigations, claim administration, and defense
expenses.
D. 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 vo unteers 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) daysprior written notice by certified mail, returnrecept
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
~Q_UAL 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. EOUAL 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 Community 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
A11 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
shah 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
Agreement -Exhibit B
5. RECRUITMENT
A. When advertising for employees, the Contractor shall include in all advertisements for
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 notrestrict 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 byblood 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 fo lowed;
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 whetherthere is evidence ofdiscrimination.. 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
Agreement-Exhibit B
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
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, andtor on-the-job training programs for the
.geographical area of contract performance.
Z. 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 xelies 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-
discrimnaton inhrng, referral, up-.grading and training, andotherwise implements an
affirmative anti-discrimination program in terms of the unior's specific areas ofskill 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:
.Agreement -Exhibit B
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
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 "The Salvation. Armv" is an Equal Employment Employer."
C. The Contractor's Equal Employment Opportuntypolicy, as described in Secton(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": The Salvation Armv (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 ,The Salvation Armv was awarded a contract by
the Town of Los Gatos, a municipal corporation situated in the County of Santa Clara, State
of California, for the work of collecting donated items. Under said Contract, The Salvation
Armes has agreed to comply with those Equal Employment Opportunity Conditions described
in Exhibit B ofthe 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:
12. RECORDS
Signed:
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).
.Agreement -Exhibit B
The efforts and progress being.made in locating, hiring, training, qualifying, and 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 Community 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 Community Services, submit to the Director of Community Services a basic
compliance report which shall include the following:
A. The name.,. business address and telephone number ofthe 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 Community 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 bythe Director of Community Services 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 Community 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 Community Services, as a result of supervising the Contractor's
performance under the Contract or after investigating a complaintby 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 Community 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 Community 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
Agreement -Exhibit B
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 Community 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
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 ma~Ce 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 onthe prof ect 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\CONTRAC'I~SHORTFRM.CON
Agreement -Exhibit B