1998-033 - Authorizing the Town Manager to execute an agreement with the Hope Rehabiliation Services for ScavengingRESOLUTION 1998 - 33
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AUTHORIZING
THE TOWN MANAGER TO EXECUTE ANAGREEMENT WITH THE HOPE
REHABILITATION SERVICES FOR SCAVENGING
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
FOLLOWS:
That the Town Manager is authorized to execute an Agreement with HOPE
Rehabilitation Services (Exhibit A) for Scavenging related to the May 9th, 1998 Town -Wide
Garage Sale.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of April, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYES: Randy Attaway
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
,ATTEST:
CLERK OF THE TOWN OF L ATOS
LOS GATOS. CALIFORNIA
esd08: AAResosks040698.02
03 -26 -1998 01:22PM FROM TO 9809593 P.02
r OWN .
Ate
1101
AGEMENT R
RE
(For Contracts Under $25,0" ,
THIS IS AN AGRF,E1&NT between the Town of Los Gat2A (hereinafter referred to as
"Owner") and ehabilitation Seiv'ces (hereinafter referred to as "Contractor "), Owner and
Contractor, for the con si eration hereinafter named, agree as follows:
1. SCOPE OF W01C I
2.
Contractor shall furnish all materials and perform all of the work for Town of Los Gs
described herein. ato
A se: �
Define the agreeinr, d between the Town of Los Gatos and Mope Rehabilitation Services
regarding scavenging services to be provided by contractor.
B. S c o n e . of rvi s�l: To collect discarded materials left at the curb by participants in the
Town's Town -Wide Garage Sale to be held Saturday May 9 th. Materials will be collected
from S pm to apiroximately 8 pm. Contractor will use it's own vehicles and staff for
collection. Any and all revenues received from We of the materials will go to support
the contractors services.
C.
1) Work cooperatively with Town and residents
z
2) Obtain a Town business license
3) Satisfy insurance requirements - Exhibit A
4) Satisfy Equal Opportunity Employment Conditions - Exhibit B
D. Change Orders
Al! changes to t�s contract shall be in writing and signed by the Owner and the
Contractor.
In consideration for prpviding the services required by this Agreement, Contractor shall have
the right to keep, used! sell and other wise dispose of alt materials collected pursuant to this
agreement.
Agreement
Page 1
03 -26 -1998 01 :22PM FROM TO 9809593 P.03
3.
4.
S.
6.
i.
S.
9.
Following the on of this agreement and the approval of insurance policies and
certificates, Owmrr s ll issue a notice to proceed with the work. Commencing work or the
entrance of equipment f or materials on the site of the work by Contractor before receipt of the
notice to proceed is the sole risk and expense of Contractor, and the Contractor shall be
ftdly liable for any a or injury sustained by Owner or third persons resulting therefrom.
All work shall be performed on May 9,1998,
The work called for herein shall be fully completed by 129 .pm.
The, Contractor shad 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 #quity that may at any time arise or be set up because of damages to
property or personal injury received by reason oil or in the course of performing work which
may: be occasioned b a wiffW or negligent actor oarissions of the Contractor, or any of the
Consultant's o�ff employees, or agents or any subcontractor.
ZAMA=
Contractor shall procure and maintain for the duration of the Contract insurance against
ciaims for injuries to per or damages to property which may arise from or in connection
with the perforrnadce 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
Contractor shall co form its conduct to the Owner's Equal Opportunity Program set forth
in Exhibit B. j
Hours ofwork shall be limited to 5 :00 p.m. to 9:00 pm on May 9, 1998. A change in hours
must be specifically E pproved by the Director of Community Services.
All Contractors, whether they be general Contractors or subcontractors, who transact or
carry on business Town of Los Gatos, shall acquire a Business License in conformance
with Section 14.20.15 of the Los Gatos Town Code.
Agreement i Page 2
03 -26 -1998 01:23PM FROM TO 9809593 P 04
10. PR>~ VALUM WAGFS
Workers employed) in the work must be paid at rates at least equal to the then current
prevailing wage sca a 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.
Pausuant to Section{ 1770 of the California Labor Code, any Contractor who is awarded a
public works proje,4 and intends to use a craft of classification not shown on the general
prevailing wage dennninations, may be required to pay the wage rate of that craft of
classification most cly related to it as shown in the general determinations effective at the
time of the calls forbids.
11. �fAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver
or a waiver of a sub' equent breach of the same or any other provision of the Agreement.
If any term of this) Agreement is held invalid by a court of competent jurisdiction, the
remainder of this Agreement shall remain in effect.
Agreement Page 3
03 -26 -1998 01 :23PM FROM
TO
9809593 P,05
This Agrees ' ' Exhibits Land B. which are attached and incorporated bereim
went between the parties and supersedes all prior agreements and
understandings, w r oral or in writing, and shall not be amended except in writing
approved by the er and Contractor.
IN WITNESS WIiE1
of March
TOWN OF S GA
By
Town Manager
Regina X. VaUed
Director o €Community
APPROVED AS TO
lF, the parties hereto have executed this Agreement as of the 3 0 day
19 9.8
4351 Lafayette
Santa Clara, Calif. 97 M
ATTEST:
KORS, ESQ. - -�— MARIAN COSGROVE /'
Attorney i Town Clerk, Town of Los Gat( s
i
AgreeM<
Page 4
03 -26 -1998 01 :23PM FROM
i
A. MIlVIMITM SC OPE 1
I
Coverage shall be at lu
F3
C.
D.
S IC
as broad as:
TO
9809593 P.06
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive
General LiabilityEfa�nd Insurance Services Office form number GL 0404 covering Broad
Form CorrrprehenE3ive General Liability; or Ins arance Services Office Commercial General
Liability coverage ( "occurrence" form GC 0001).
2, insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 'any auto" and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
Contractor shall msi*tain limits no less than:
1. General Liabili $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
£orrn with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this ect/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liab*: $1,000,000 combined single limit per accident for bodily injury and
Property damagei
j
3. Workers' Comation 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.
Any4eductibies 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 paymen of losses and related investigations, claim administration, and defense
expenses.
The'policies are to contain, or be endorsed to contain the following provision:
1. GCnordl Liability; and Automobile Liability Coverages
Agreement - Exhibit A
03 -26 -1998 01 :24PM FROM TO 9809593 P.07
E.
F.
a. The Town( of Los Gatos, its otBcers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or on
behalf of Jhe Contractor, products and completed operations of the Contracts,
premises o, occupied or used by the Contractor, or automobiles owned, leased,
hired or biorrowed by the Contractor. The coverage shall contain no special
limitations bn the scope of protection afforded to the Town of Los Gatos, its officers,
officials, employees, or volunteers.
b. The s insurance coverage shall be primary insurance as respects the Town
ofLos its offers, officials, employees, and volunteers. Any insurance or self -
instmxe 6aietained by the Town of Los Gatos, its officers, officials, employees, or
volunteers shad be excess of the Contractors Insurance and shall not contribute with
it. I
C. Any failur16 to comply with reporting provisions of the policies shall not affect
coverage provided to the Town of Los Gatos, its officers, officials, employees, or
d. The Contractor's insurance shall apply separately to each insured against whom claim
is made orl suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage
The uuurer agree to waive all rights of subrogation against the Town of Los Gatos,
its officers, employees, or volunteers for losses arising from work performed by
the Comra no for the Town of Los Gatos.
& All Coverage,
Each ce policy required by this clause shall be endorsed to state that coverage
shall not Oe suspended, voided, canceled by either party, reduced in coverage or in
limits exc* after thirty (30) days prior written notice by certified mail, return receipt
required, J4as been given to the Town of Los Gatos.
Insurance is to
Contractor shall B
endorsements effe
for each insuran
coverage on its be
Town of Los Ga
related forms c
Commissioner are
approved by the
reserves the right
with insurers with a Best's rating of no less than B +.
fish the Town of Los Gatos with certificates of insurance and with original
ing coverage required by this clause. The certificates and endorsements
policy are to be signed by a person authorized by that insurer to bind
If. The certificates and endorsements are to be on forms provided by the
s. Where by statute, the Town of Los Gatos's workers' compensation -
not be used, equivalent forms approved by the State Insurance
be substituted. All certificates and endorsements are to be received and
awn of Los Gatos before work commences. The Town of Los Gatos
require complete, certified copies of all required insurance policies, at any
Agreement - HMubit A
03- 26-1998 01 :24PM FROM TO 9809593 P.08
1
time. I
G.
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shaillbe subject to all of the requirements stated herein.
f
F
1
f
4
1
i
{
I
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Agreement - Exhibit A
03 -26 -1998 01 :25PM FROM TO
EXERBiT B
EQUAL i EMPLOYMENT OPPORTUNITY CONI)MONS
1 �,y�TEItAi j
A
3.
3
From and after the
the Contractor shall
Cou' tractor adopts
"105 the policy
employees are tre
color, or national i
transfer, recraitm,
training, incladin
Contractor shall
Services an Equal
an _active Contract
and responsibility
9809593 P.09
of the Contract and during the course of the work on the project,
y with the following Equal Employment Opportunity Conditions.
accepts as its operating policy the following statement:
this company to assure that applicants are employed and that
d during employment without regard to their race, religion, sea,
tn. Such action shall include employment, upgrading, demotion,
and recruitment advertising, termination, pay, and selection for
ate and make known to the Director of Building and Engineering
yment Opportunity Officer capable of administering and promoting
gram of equal opportunity who will be assigned adequate authority
so.
All members of C*actofs 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:
i
A. Periodic meetings of supervisory personnel shall be conducted before start of work and
#t least once every three (3) months for the purpose of reviewing and explaining the
Contractor's Equ� Empioyrom Opportunity Policy and its implementation. The meetings
shall be conducted by the Equal Employment Opportunity Officer or other knowledgeable
Company officials.
B. All new super� isory employees shall be indoctrinated as to the Contractor's Equal
Employment Opportunity obligations within thirty (30) calendar days fallowing their
ieporting for duly with the Contractor.
C. The Equal Employment Opportunity Officer or appropriate company official will instruct
Cll employees engaged in recruitment and hiring as to the methods followed by the
Contractor in recruiting and hiring qualified employees
Ir r
A. When advertising for employees, the Contractor shall include in all advertisements for
Agreement - Exhibit B
03 -26 -1998 01 :25PM FROM TO 9809593 P.10
6.
I
employees the nptation: "An Equal Opportunity Employer" It shall insert all such
advertisements in newspapers or other publications having a large circulation among
minority groups M 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 Corttractoes' business, in those case where the Contractor is not precluded therefor
by a valid colledtive bargaining agreement, systematic and direct recruitment shall be
conducted through public and private employee referral sources likely to yield qualified
minority group 6pplicants, including, but not limited to State employment agencies,
schools, collegeg and minority group organizations. To meet this requirement, the
Contractor shall, through its Equal limploymenrt 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 Contractorl 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 Contracto'r's business, the Contractor shall encourage present employees to refer
minority group aipplicants for employment. Information and procedures with regard to
referring minority group applicants shall be provided to such employees.
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 co tions and employee facilities do not indicate discriminatory treatment
of project si j personnel,
. The Contractor shall periodically evaluate the spread of wages paid within each
classification! to determine any evidence of discriminatory wage practices.
3. The ContraFtor 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
discximinatiop 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 complains, 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 kvestigation, the Contractor shall inform every complainant of all
of his/her avenues of appeal.
Agreement - Exhibit B
03 -26 -1998 01 :26PM FROM TO 9809593 P.11
A. if the Contracts - not restrict individuals who are hired us to
those who are ated by blood or marriage to Persons employees � e ship inter st
in the Contractors business, programs t possessing an Ownership interest
applicants fore l domed to increase the skills of all employees and
oyment shall be promoted as follows:
9.
10,
I. 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 Contraotor shall advise employees and applicants for
employment of available
training programs and entrance requirements for each.
tra
3. The Conctl or shall periodically review the training and promotion potential of
employees apd.shall encourage eligible employees to apply for such training and
promotion.
Lt_ts
A. If the Contractor 61es in whole or in part upon unions as a source of Contractors work
force, the Contractor shall use its best efforts to incorporate an Equal Employment
Opportunity claiiise into all union, agreements which defines responsibilities for non -
discrimination hiring referral upgrading and training, and otherwise implements an
affirmative anti- on program in terms of the union's specific areas of skill and
;geography, to all qualified workers will be available and given an equal
opportunity for lemployment, and such unions will be contracmally bound to refer
applies with regard to their race, color, religion, sex or national origin. In the event
a union is unable o refer applicants as requested by the Contractor within the time Iimit
set forth within the union agreement, the Contractor shall, through its recruitment
procedures, fill til e employment vacancies without regard to race, color, religion, sex or
national origin, n Wring full efforts to obtain qualified persons.
A, The Contractor shall use its best efforts to assure subcontractor compliance with their
Equal Employme,int Opportunity obligations.
Con ractot shall MA .. i known its Equal Employment Opportunity responsibilities under this
Contract by the following methods:
A. Executed copies bfthe Contractor's "Fair Employment practices Statement" shall be:
Conspicuously posted in all area where job applicants and potential employees appear
for purposes Pf gaining employment by the Contractor;
Agreement - Exhibit B
03 -26 -1998 01 :26PM FROM
j
2. Conspicuously
employees of th
11.
12.
3. Transmitted
Contractor h
and to all of
agencies.
B. Posters conta
job applicants
C. The Conuvct&s
be distributed in
TO
9809593 P.12
posted on all employee bulletin boards and in other areas where
Contractor congregate, and
o each labor union or representative of workers with which the
a collective bargaining agreement or other contract or understanding,
:r sources or employee referrals, including schools and employment
3 the following wording shall be conspicuously posted in all areas where
I potential employees appear for purposes of gami*ng employment by the
Rehabi Iitatoilgrgn Equal Employment Employer."
Services
Equal Employment Opportunity policy, as described in Section(b) shall
written form to all employees.
f
The Contractor shall execute the following Fair Employment practices Statement:
"Fair Empllgyment Prac+.co Statement . Ho of
Contractor) is an Equal Employment Opportuntty Employer, as such has adopted the policy
and will take affirmative action to employment without regard to their race, color, religion,
ancetyornational6rigin.on_ March 30� 1998 Hope rehabilitaion Services
(date) (Name of Contractor)
was 4warded a pubic works contract by the Town of Los Gatos, a municipal corporation
situa3ed in the County Of Santa Clara, State of California, for the work of ca1ILc Jmg donated ite,
(Name of Contract). Under said Contract, HopE has agreed to comply with rho
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 b ed.
Dated: t �t / 0 Signed: _ z Z )Z7
The Contractor sham keep such records as are necessary to determine compliance wth its
Equal Employment Opportunity obligations under this Contract. Such records shall be
retained for a period�of one year following complexion 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.
A+gretmew - Fx dbit B
,33 -26 -1998 01:27PM FROM TO 9809593 p,13
The above - described records, together with the Contractor's records of ernploy�± —
employment advertisements, application forms, and other pertinent data shall
request, be opened to inspection and copying by the Director of Building and Engineering
Services or the DU Wor of Building and Engineering Services authorized representative,
Or arry other agency ofthe State of California designated by the Director of Building and
EnSintaing SwAcft, for purposes of investigating whether the Contractor has complied
with the Equal Employment Opportunity conditions of this Contract.
Between the date of,, the award of the Contract and the date of the commencement of work
on the project, the Contractor shay in conformity and compliance with the directions of the
Director of
Agreement - Exhibit B
W-26-1998 01 :2?PM FROM TO 9809593 P.14
I
Building and Engineering Services, submit to the Direetoc of Building and Engineering
Services a basic compliance report which shalt include rec following:
A.. The name, bt
Opportunity
U3
C.
D.
An, executed a
A description o
.person or persc
and whether or
Such evidence
showing that tb
officers, in wrid
Aolicy
E. Such evidence
showing that the
to all sources of
R Such evidence
showing that thi
practices Statem
Conditions.
In the event the Dir1*1
Contractor's perfo
party, finds that the;
these Equal EmpIc
the Director of Buigdir<
by depositing same t
business address ofthl
calendar days after a
Services, a hearing s
ascertaining whether
Cor>tra ; has failed i
Employment opport%
given the Contractor
of violations is giv�
evidence offered by d
address and telephone number of the Contractor's Equal Employment
r
of the Contractor's Fair Employment practices Statement.
e Contractor's sources of potential employees, and the identity of the
who have responsibility for determining who the Contractor will hire
t to hire.
s is required by the Director of Building and Engineering Services,
Contractor has notified all supervisors, foremen, and other personnel
g, of the content of the Contractor's Equal Employment opportunity
is required by the Director of Building and Engineering Services
ntractor has transmitted its "Statement of Far Employment Practices"
iployee referrals.
is required by the Director of Building and Engineering services
Contractor has posted bulletins, posters, and the "Fair Employment
at" in the manner required by these Equal Employment opportunity
or of Building and Engineering Services, as a result of supervising the
ante under the Contract or after investigating a complaint by a third
:ontractor is or has been in violation of its agreement to comply with
xrt Opportunity Conditions, notice of such violations shall be filed with
g and Engineering Services of the owner and given to the Contractor
the United States mail, postage prepaid, addressed to the last known
Contractor, with return receipt requested. Not later than fifteen (15)
e filing of said notice with the Director of Building and Engineering
tall be held by the Town Council of the owner for the purpose of
the charges contained in the notice are true, and, if true, whether the
> make a reasonable and substantial effort to comply with these Equal
nity Conditions. Notice of the time and place of said hearing shall be
tt less than five (5) days prior thereto in the same manner as the notice
During said hearing, the Council shall receive and consider any
e Director of Building and
E*Weing Services, Mite Contractor, and any third party. At the conclusion of said heating,
the G�°uncil shall determine the matter and it determination shall be final.
If ater' Z 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 faded to snake a; reasonable and substantial effort to comply with said conditions, the
Agresu e:m - Exhibit B
03 -26 -1998 01:28PM FROM TO 9809593 P.15
1s.
16.
Contractor shall be (deemed in material breach of the Contract. it is understood that the
Owner will have swffered damage by virtue of said breach; and it being impractical and
unfrasrble 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.
A finding by the Todvn 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 wMW violation of the nondiscrimination
provisions of the Statf of California Fair Employment Practices Act, or similar provisions of
Federal law or Ex tive 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 willM violation of the
nondiscrimination provisions of the State of California Fair Employment Practices Act shall
be deemed to have oc{ctnred upon receipt by the Owner of written notice from the California
Fait; 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,
Nod* contained in {here Equal Employment Opportunity Conditions shall be construed in
any mamieer or fashion so as to prevent the Owner from pursuing any other remedies that may
be available at law oij in equity.
Ameement - Exhibit B
TOTAL P.15