2009-088 - 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 2009/10RESOLUTION 2009 -088
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 2009/10
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 peels 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 full 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 rd day of August, 2009 by the following vote.
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
a T: OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
CONTRACT
TIiIS 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:
1. SCOPE Or WORK
Contractor shall fiirnish 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 Pickrip
➢ Weekend downtown trash pickup
➢ Owner will supply all equipment and materials for services
➢ Contractor shall empty and clerui 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 gum.
➢ Wash down all sides, interiors, tops, and sides of trash receptacles and 11 - 10tal 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 tlm•u 28`
➢ The week of October 26th thru 30th
➢ The week, of December 14th thru 18th
➢ The week of April 26th thru 30th
➢ The week of June 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. Terns 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
hidex, all items, all urban consumers, San Francisco- Oakland -San Jose, 1982 -84 -100 Index, The
Contractor shall be responsible to subunit 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
STATrJNIENTS: 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. m. to 3:30 p, m.
➢
Press wash downtown sidewalks —Mondays and Fridays — 4 :00 a, in. to 8:00 a. rn.
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 WORD
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 rnaterials 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 hilly liable for any damage or injury sustained by Owner or third
persons resulting therefrom.
CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects clue 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:
T o Contractor
Gina' M. Vella, President
Contract Sweeping Services
6507 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
S. 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 Stun 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 wider 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
injary 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 hereuund -or 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. See, 15) or under the Cartwright Act [Chapter 2 (conunenchig 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 4.552 of the Government Code, the Contractor shall conforin
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. EQUAL 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 1 X1.20.115 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 WIIEREOF, the parties hereto have executed this Agreement as of the day
of ' 2009,
TOWN or Los GATOS, by: Contract Sweeping Services
Greg Larson Town Manager by:
RECOMNIE NDrD BY:
Todd Capurso
Director of Parrs and Public Works
APPROVED AS TO FORM:
Orly P, Korb, Town Attorney
ATTEST:
Jackie Rose
Cleric Achninistrator
(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. 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. Insurancc 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. I3EGINNYNG OF WORD
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 dainage,
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 set:C 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 INSURAIVCL 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.
e. 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) drys 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 fiunish 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 forams 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 oonunences, 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 Imown to
Equal Employment Opportunity Officer capable
Contractor program of equal opportunity who
responsibility to do so.
the Director of Parks & Public Works an
of administering and promoting an active
will be assigned adequate authority and
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 frilly cognizant of and
shall impleunent 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) naontbs 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
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 shill 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 afJ:ect persons other than the
complainant, such corrective action shall include such other persons. Upon
connpletion 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 defuses responsibilities for non-
discrimination in hiring, referral, up- grading and training, and otherwise implements an
affirmative anti- discrinination 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
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 Opporturdty 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 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 ployent Practices Statement:
"Fair Employment Practices Statement " (name of
Contractor) is an Equal Employment Opportwidty 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 mutlicipal corporation
situated in the County of Santa Clara., State of California, for the work of
(Name of Contract). Under said Contract, I 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:
1.2. RLCpR�DS
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. RE' EPO TS
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 compliamce 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 Parrs & Public Worlcs showing that the
Contractor has posted bulletins, posters, and the "Fair Employment Practices Statement"
in the manrier required by these Equal Employment Opportunity Conditions,
J 4. 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 inake 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 planner as the notice of violation's 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
Govermnent Code Section 12973.
16. OTIIER 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.