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06 Staff Report - Town-Wide Porter Servicestow N aF ~o~ toy DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT JULY 13, 2009 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 08/03/09 ITEM NO: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH CONTRACT SWEEPING SERVICES TO PROVIDE TOWN-WIDE PORTER SERVICES IN AN AMOUNT NOT TO EXCEED $84,100 FOR FISCAL YEAR 2009110. RECOMMENDATION : Adopt Resolution (Attachment 1) authorizing the Town with Contract Sweeping Services (Exhibit A) to provide amount not to exceed $84,100 for fiscal year 2009110. BACKGROUND: Manager to execute an agreement Town-wide porter services in an The Town of Los Gatos has utilized contractors to supplement in-house labor for services such as sidewalk pressure washing in the downtown business district, assisting in park operations during peak summer months, and providing on-call services for Town-wide special events. Contractors have also provided services such as weekend downtown garbage pickup, including cleaning trash cans and lids, and providing set up and take down services for special events. DISCUSSION: Additional temporary staffing is required for several reasons. During the summer months, there is an increase in pedestrian foot traffic in the downtown business district and an influx of large groups using the park picnic areas. Also, there is a need for after-hours set up and take down to accommodate and service special events and meetings. Due to the increase in usage, additional staffing is required to provide general maintenance and upkeep of those areas. In the downtown business district, the porter service is used to empty and clean trash receptacles along North Santa Cruz Avenue and Plaza Park on Saturdays and Sundays. PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by: F_ Assistant Town Ma 1 er Town Attorney Clerk Administrato finance Community Development N:1PPWIMANAGF.,ML-'NTI000NCTL1COUNC[L RF-POR 12009 rcportslAugust 31Contract Swceping Ser-vices.Aug 0309.doc PAGE 2 JULY 8, 2009 MAYOR AND TOWN COUNCIL SUBJECT: TOWN-WIDE PORTER SERVICES DISCUSSION CONT'D During peak summer months, the porter service is also used to supplement Town staff in park operations, such as cleaning picnic areas, servicing restrooms, supporting special events, and performing park lockup tasks on an as-needed basis. Additionally, several other Town departments have specific needs for meeting and events support (including set- up and take- down functions) through out the day, including commission and neighborhood meetings. Historically, facilities maintenance has been able to provide support services for special events and meetings. However, this often resulted in staff (both full-time and temporary employees) being redirected from regular maintenance and project work to accommodate this demand. The use of the porter service allows staff to focus on higher level facilities maintenance tasks and maintain a high level of productivity. Given that many of these meetings and events occur after hours and that the demand is irregular, the use of the porter service is a cost-effective option that does not negatively impact ongoing service delivery. On July 8, 2009, staff solicited hourly rates from two contractors: BSI Temporary Services and Contract Sweeping Services. Both vendors specialize in providing on-call support services for municipal Public Works agencies. Venturi Staffing agency was contacted, however, they provide only temporary placement services and not on-call staffing. Below are the hourly rates from the two contractors. BSI Temporary Services Staffing for setup, weekend garbage pickup, park maintenance $24.89 per hour Pressure wash I steam cleaning business district $32.75 per hour Contract Sweeping Service Staffing for setup, weekend garbage pickup, park maintenance $20.23 per hour Pressure wash / steam cleaning business district $20.23 per hour CONCLUSIO Based on the above- rates, staff recommends that the Town Manager execute an agreement with Contract Sweeping Service for porter services at an hourly rate of $20.23 in an amount not to exceed $84,100 for the period of one year. The agreement would be effective August 4"' 2009, with an option for a two-year renewal based on satisfactory performance. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Sufficient fiends are available in the FY 2009110 Operating Budget to pay for these services. 5401-63365 Streets and Signals $ 25,000.00 5401-62382 Streets and Signals $ 17,000.00 5404-62382 Building Maintenance $ 8,000.00 5301-62382 Parks $ 34,100.00 Attachments: Resolution authorizing the Town Manager to execute an agreement with Contract Sweeping Services (Exhibit A). RESOLUTION Attachment 1 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH CONTRACT SWEEPING SERVICES TO PROVIDE PORTER SERVICES IN AN AMOUNT NOT TO EXCEED $84,100 FOR THE PERIOD OF FISCAL YEAR 2009110 WHEREAS, The Town of Los Gatos has been using contractors to assist staff with sidewalk pressure washing service in the downtown business district, weekend downtown garbage pickup, assisting in Parks operations during peek summer months, and on-call services for town- wide special events for set up and take down services; and WHEREAS, Building maintenance provided support for special event setup and take down during standard work hours however, due to budget reductions the bulk of maintenance functions have been reassigned to firll time staff. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that Contract Sweeping Services is declared to be the lowest responsible bidder and that the Town Manager is authorized to execute an agreement (attached as Exhibit A) for said services on behalf of the Town in an amount not to exceed $84,100. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3`d day of August, 2009 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Contract Sweeping Services (hereinafter referred to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: SCOPE OF WORK Contractor shall furnish all materials and perform Porter Services for Weekend Downtown Trash Pickup, Pressure Washing Services, and Special Events Set up and Take Down in the Town of Los Gatos as outlined in your proposal dated August 04, 2009 (Exhibit A hereto). A. Scone of Services: Trash Pickup ➢ Weekend downtown trash pickup ➢ Owner will supply all equipment and materials for services ➢ Contractor shall empty and clean garbage cans and lids Special Events ➢ On-call service for special event set up and take down Pressure Washing Services ➢ Use of 3500 PSI hot water washer, apply EPA approved degreasers where deemed necessary by the Town's designated Project manager. ➢ Pressure wash all store front walkways both sides of streets for the removal of stains, residue and guin. ➢ Wash down all sides, interiors, tops, and sides of trash receptacles and metal benches. ➢ Squeegee where necessary all over-spray on tenant windows. ➢ Place absorbent booms and pads over catch basin inlets. ➢ Follow Best Management practices for Nonpoint Source Pollution Elimination Pressure Washing Schedule ➢ The week of August 24th ttwu 28"' ➢ The week of October 26th thru 30th ➢ The week of December 14111 thru 18th ➢ The week of April 26th thru 30th ➢ The week of rune 21st thru 25th B. Other Requirements: 1) Work cooperatively with Town and residents 2) Secure Town of Los Gatos Permits 3) Obtain a Town business license 4) Attend pre-construction and weekly job meetings as scheduled 5) Maintain production levels to match schedule 6) Satisfy insurance requirements - Exhibit A 7) Satisfy Equal Opportunity Employment Conditions - Exhibit B 8) Follow Best Management practices for Nonpoint Source Pollution Elimination D. Term of Agreement: Contractor shall commence work on August 0', 2009 upon execution of this Agreement and Issuance of a Town Purchase Order and shall remain in full force until June 30, 2010 with an option of a two year renewal based on satisfactory performance. 2. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement to the satisfaction of Owner, Owner shall pay amount specified as follows: $20.23 per hour. One year from the date of this Agreement and each anniversary thereafter, the monthly price paid for such services shall be adjusted upward or downward, increased or decreased, according to the present change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, all items, all urban consumers, San Francisco-Oakland-San Jose, 198284-100 Index. The Contractor shall be responsible to submit a written notice 60 days in advance requesting an adjustment to the current index. The index used shall be that issued for all items of each year. A. Payment Schedule: Payment schedule shall be net 30 days for services provided. B. Invoices/Statements: All invoices and statements to the Town shall reference the Town's purchase order number and be addressed as follows: INVOICES: Los Gatos, CA 95030 Town of Los Gatos Attn: Accounts Payable P.O. Box 655 STATEMENTS: P.O. Box 655 Town of Los Gatos Los Gatos, CA 95030 Attn: Finance Department 3. WORK SCHEDULE ➢ Weekend downtown trash pickup and clean garbage cans and lids - Saturdays and Sundays - 7:00 a. in. to 3:30 p. in. ➢ Pressure wash downtown sidewalks -Mondays and Fridays - 4:00 a. m. to 8:00 a. m. ➢ Special event set up and take down - on-call service at the department's request. ➢ Other hours must be specifically approved by the Director of Parks and Public Works. 4. CHANGE ORDERS All changes to this contract shall be in writing and signed by the Owner and the Contractor. 5. BEGINNING OF WORK Following the execution of this agreement, the approval of insurance policies and certificates and issuance of a Town purchase order, 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. 6. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any damages to other work and/or existing facilities resulting therefrom which shall appear within a period of one year from the date of the Notice of Completion. 7. NOTICES Notices regarding this Contract shall be given as follows and shall be considered effective upon either personal delivery or five days following deposit in the U.S. mail: To Contractor: Gina M. Vella, President Contract Sweeping Services 5507 Pacific Avenue Stockton, CA 95207 To Owner: Todd Capurso, Director Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95031 8. SUBCONTRACTORS In compliance with the provisions of Sections 4100-4107 of the Public Contract Code of the State of California, and any amendments thereof, the Contractor has set forth below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the work to be performed under the Contract Documents to which the Contract applies, or of a person who will, off the job site, specially fabricate a portion of the work or improvement and the portion of the work which will be done by each such subcontractor or person that will be in an amount in excess of one-half of one percent of the Contractor's total bid, or $10,000, whichever is greater. If none, so indicate. DIVISION OF WORK SUBCONTRACTOR ADDRESS 9. WARRANTY Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any damages to other work and/or existing facilities resulting therefrom which shall appear within a period of one year from the date of recording of final acceptance. 10. ADDITIONS TO WORK Owner, without invalidating the Contract, may order additions to or deductions from the work, the Contract Sum being adjusted accordingly. Any claim for extension of time cause thereby shall be adjusted at the time of ordering such change. 11. DELAYS Any provision in the Contract which limits the Owner's liability to an extension of time for delay for which the Owner is responsible and which delay is unreasonable under contemplation of the circumstances involved, and not within the parties', shall not be construed to preclude the recovery of damages by the Contractor or subcontractor. This section shall not be construed to void any provision in this Contract which requires notice of delays, provides for arbitration or other procedure for settlement, or provides for liquidated damages. 12. 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. 13. 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 Contract price. 14. ASSIGNMENT TO AWARDING BODY A. in accordance with Section 7103.5 of the California Public Contract Code, the Contractor and subcontractors shall conform to the following requirements. The Contractor and its subcontractors offer and agree to assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods services, or materials pursuant to the public works Contract or its subcontracts. This assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties. B. In accordance with Section 4552 of the Government Code, the Contractor shall conform to the following requirements. In submitting an offer to a public purchasing body, the Contractor offers and agrees that if the bid is accepted, he/she/it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchase of goods, materials, or services by the Contractor for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. 15. EOUAL EMPLOYMENT OPPORTUNITY Contractor shall conform its conduct to the Owner's Equal Opportunity Program set forth in Exhibit B. 16. 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. 17. 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 Parks and Public Works. 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. 18. 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. 19. 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. 20. ENTIRE AGREEMENT AND AMENDMENT This Agreement including Exhibits A, B, and C, 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 the Owner and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of 2009. TOWN of Los GATOS, by: Greg Larson Town Manager Contract Sweeping Services by: RECOMMENDED BY: Todd Capurso Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Jackie Rose Clerk Administrator (Signature) (Title) (Business Address Here) (Contractor's License Number) 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. 1173) 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. 1178) covering Automobile Liability, code I "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. D. OTHER INSURANCE PROVISION The policies are to contain, or be endorsed to contain the following provision: 1. General Liability and Automobile Liability Coverages 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 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. 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 Parks & Public Works 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 instuct 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 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 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 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 frill efforts to obtain qualified persons. 9. SUBCONTRACTING The Contractor shall use its best efforts to assure subcontractor compliance with their Equal Employment Opportunity obligations. 10. NOTICES AND POSERS 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 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 employers 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 Enployment Practices Statement: "Fair Employment Practices Statement"; (name of Contractor) is an Equal Employment Opportunity Employer, as such has adopted the policy and will tape 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: 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). C. 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 Parks & Public Works or the authorized representative, or any other agency of the State of California designated by the Director of Parks & Public Works, 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 Parks & Public Works, submit 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 Parks & Public Works, 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 Parks & Public Works 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 Parks & Public Works 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 Parks & Public Works, 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 Parks & Public Works 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 Parks & Public Works, 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 Parks & Public Works, 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 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.