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HomeMy WebLinkAbout1998-06-22 City Council (24)City " City ofPalo Altl 2 Manager’s Report TO:HONORABLE CITY COUNCIL ATTENTION: FROM: FINANCE COMMITTEE CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES DATE:JUNE 22, 1998 CMR:273:98 SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH TECHWISE CONSULTING, INC. FOR INFORMATION TECHNOLOGY APPLICATION DEVELOPMENT SERVICES FOR THE UTILITIES’ CUSTOMER INFORMATION SYSTEM RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached consultant contract with TechWise Consulting, Inc., in the amount of$160,000 for consulting services and application development. DISCUSSION Consultant Services Description The primary responsibility of TechWise Consulting, Inc. will be to assist in the software acquisition and implementation of the Utilities’ Customer Information System (CIS). The consultant will provide requirements def’mition, development of test criteria and assistance with acceptable testing, data modeling and data base conversion plans, application development services, final inspection and test of the vendor’s installation, and project installation and implementation support to the CIS. The contract will be managed by the Manager of Computer Applications within the Information Technology Division of the Administrative Services Department. The consulting services are funded by the Utilities Customer Information System Capital Improvement Program (CIP) No. 9357. As part of the Proposed 1998-99 Budget, this multi-year CIP was increased to include $160,000 for such consulting services. The current CIP also funds enhancements to the standard software, and provides for interfaces between the CIS and other City applications. CMR:273:98 Page 1 of 3 Selection Process A number of contract progra .tamers and contracting agencies were used on the CIS Project between 1993 and 1996. In July 1996, Council approved a $124,000 contract with TechWise Consulting, Inc. for system analysis assistance on the CIS project. The original selection of TechWise Consulting, Inc. was made in 1996 as the result of a competitive RFP process. Representatives from Information Technology and Utilities Department reviewed the proposal and interviewed the candidates. TechWise Consulting, Inc. was selected on the basis of their technical skills using the PowerBuilder application development tool, Oracle database management software, and prototyping expertise; previous experience; and ability to communicateand relate with the Utilities Department staff. In November 1996, staff informed Council of a change in direction for the Utilities CIS project, switching from in- house development to purchasing a pre-developed software solution. TechWise Consulting assisted in the preparation of a request for proposals (RFP) to acquire the CIS software and the development of comprehensive vendor review criteria. The RFP was distributed and vendor responses were reviewed. TechWise Consulting was instrumental in this area and its continued expertise is requested in the remaining phases of the project. The contract with TechWise is continued under Palo Alto Municipal Code 2.30.140(a)(1) "...involving the obtaining of professional or specialized services such as...information technology...". The Information Technology Division has had three critical staff vacancies for well over a year. Additional assistance in support of the Utilities CIS development and Utilities development efforts in general are essential. RESOURCE IMPACT The attached proposed contract for $160,000 represents continuing a contract with TechWise Consulting, Inc. for an additional 1,840 hours at $86.50 per hour of systems analysis effort. The average hourly rate for programmers with the skills required for the CIS project has been between $75 and $120. Funds in the amount of $160,000 are included in the Utilities CIS CIP Project (No. 9357) for fiscal year 1998-99. Consulting assistance on other application development projects will be funded through the appropriate operating budgets. POLICY IMPLICATIONS This report does not propose any change to existing City policies. ENVIRONMENTAL ASSESSMENT These services do not constitute a project for the purposes of the California Environmental Quality Act. ATTACHMENTS Attachment: Contract Agreement with TechWise Consulting, Inc. CMR:273:98 Page 2 of 3 PREPARED BY: .Rob Pound, Manager, Information Technology DEPARTMENT HEAD APPROVAL: CARL YEAT~’~Dire. ctor Administrative Services CITY MANAGER APPROVAL: EMIL~i" ~SON Assistant City Manager CMR:273:98 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND TECHWISE CONSULTING, INC. FOR CONSULTING SERVICES This Contract No. is entered into this day of , 1998, by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and TechWise Consulting, Inc., a California corporation ("CONTRACTOR"), located at 391 Henderson Drive, San Jose, CA 95123 (Taxpayer ID No. 77-0435344). RECITALS : WHEREAS, CITY desires certain consulting services ("Services"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONTRACTOR in providing the Services by reason of CONTRACTOR’s qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOgl, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i. TERM i.i This Contract will commence on the date of its execution by CITY and shall continue in full force and effect until June 30, 1999, or as earlier terminated as provided herein. Time is of the essence of this Contract. The obligation of CONTRACTOR to perform the Services will commence in accordance with this Section. It is understood and agreed that the services to be performed by CONTRACTOR will be in response to the assignment of responsibilities for the definition of requirements, design, development, test, implementation, and documentation of the City’s implementation of Utilities Customer Information System and for other application development projects requiring fourth generation development tools. SECTION 2. CONTRACTOR QUALIFICATIONS,STATUS, AND DUTIES OF 2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONTRACTOR further represents and warrants 1 980608 ]ac 0031980 that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services. 2.2 In reliance on the representation and warranty set forth in Section 2.1, CITY hires CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 Steven K. Orr shall perform all work on behalf of CONTRACTOR and shall have overall responsibility for the progress and execution of this Contract for CONTRACTOR. 2.4 CONTRACTOR~represents and warrants that it will: 2.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Services; 2.4.2 Keep i[self reasonably informed of all existing and future Federal, State of California,~ and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTRACTOR’s performance under this Contract, or the performance of the Services; 2.4.3 At all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 2.4.4 Report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any specifications or provisions of this Contract. 2.5 Any reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its contractors, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONTRACTOR or its contractors, if any, without the prior written approval of the city manager. 2.6 CONTRACTOR will provide CITY with the electronic version and required number of originals and copies of the reports, letters, memos, schedules, drawings, documentation and other writings, if any, which may be required. 2 980608 ~c 0031980 2.7 If CITY requests additional copies of reports,. drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities in the performance of the Services, CONTRACTOR will provide such additional copies and CITY will compensate CONTRACTOR for its duplication costs. 2.8 CONTRACTOR will be responsible for employing or engaging all persons necessary to perform the Services. All contractors of CONTRACTOR will be deemed to be directly controlled and supervised by CONTRACTOR, which will be responsible for their performance. If any employee or contractor of CONTRACTOR fails or refuses to carry out the provisionsof this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged immediately from further performance under this Contract on demand of the project manager° SECTION 3. DUTIES OF CITY 3.1 The City Manager will represent CITY for all purposes under this Contract. The Manager of Information Technology is designated as the project manager for the City Manager. The project manager will supervise the performance, progress, and execution of the Services. 3.2 If CITY observes or otherwise becomes aware of any default in the performance of CONTRACTOR, CITY will use reasonable efforts to give written notice thereof to CONTRACTOR in a timely manner. SECTION 4 - COMPENSATION 4.~ In consideration of the full performance of the Services by CONTRACTOR, CITY will pay CONTRACTOR the sum of Eighty Six Dollars and Fifty Cents ($86.50) per hour, payable within thirty (30) days of submission by CONTRACTOR of its itemized billings, in triplicate; provided, however, the total sum payable to CONTRACTOR hereunder will not exceed One Hundred Sixty Thousand Dollars ($160,000) per fiscal year, including expenses. SECTION 5. AUDITS 5.1 CONTRACTOR will permit CITY to audit, at any reasonable time during the te~m of this Contract and for three (3) years thereafter, CONTRACTOR’s records pertaining to matters covered by this Contract. CONTRACTOR further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Contract. SECTION 6.INDEMNITY 6.1 CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and 3 980612 lac 0031980 agents from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONTRACTOR in the performance of or failure to perform its obligations under this Contract. SECTION 7.WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of thesame or of any other term, covenant, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 7.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8. INSURANCE 8.1 CONTRACTOR, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "B", insuring not only CONTRACTOR and its contractors, if any, but also, with the exception of workers’ compensation, employer’s liability, and business liability insurance, naming CITY as an additional insured concerning CONTRACTOR’s performance under this Contract. 8.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Ratinq Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONTRACTOR retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 8.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with 4 980608 |ac 0031980 CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and business liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city ~clerk. 8.4 The procuring of such required policy or policies of insurance will not be construed to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION 9. WORKERS’ COMPENSATION 9.1 CONTRACTOR, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services. SERVICES SECTION i0. TERMINATION OR SUSPENSION OF CONTRACT OR i0.I The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, (a) im- mediately, for. cause, or (b) by giving thirty (30) days’ prior written notice thereof to CONTRACTOR if no cause for suspension or termination exists. Upon receipt of such notice, CONTRACTOR will immediately discontinue its performance of the Services. 10.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services, in whole or in part, by giving thirty (30) days’ prior written notice thereof to CITY. 10.3 Upon such suspension or termination by CITY, CONTRACTOR will be paid for the Services actually rendered to CITY on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account of a default by CONTRACTOR, CITY wil! be obligated to compensate CONTRACTOR only for that portion of the Services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager acting in the reasonable exercise of her discretion. 5 980608 |ac 0031980 10.4 Upon such suspension or termination, CONTRACTOR will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials will become the property of CITY. 10.5 The failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONTRACTOR to fulfill its obligations under this Contract. SECTION ii.ASSIGNMENT ii.i This Contract is for the personal services of CONTRACTOR. Therefore, CONTRACTOR will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 12.NOTICES 12.1 All’notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 9~303 To CONTRACTOR:TechWise Consulting, Inc. 391 Henderson Drive San Jose, CA 95123 SECTION 13.CONFLICT OF INTEREST 13.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any contractor or 6 980608 lec 0031980 person having such an interest. CONTRACTOR certifies that no person who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of ~ California. SECTION 14. NONDISCRIMINATION 14.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "C". 14.2 CONTRACTOR agrees that each contract for services with an independent provider will contain a provision substantially as follows: "[Name of Provider] Will provide CONTRACTOR with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under ¯ this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 14.3 If CONTRACTOR is found in 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 this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or’suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. i~.4 If CONTRACTOR is in default of the nondiscrimination provisions of this Contract CONTRACTOR will be found in materia! breach of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of two hundred fifty dollars ($250) for each calendar day during which CONTRACTOR is not 7 980608 lac 0031980 in compliance with contract, or both. SECTION 15. this provision as. damages for breach of MISCELLANEOUS PROVISIONS 15.1 CONTRACTOR represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONTRACTOR will comply with or ensure by its advice that compliance with such provisions wil! be effected in the performance of this Contract. 15.2 This Contract will be governed by the laws of~the State of California, excluding its conflicts of law. 15.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may.recover its reasonable costs and attorneys’ fees expended in connection with that action. 15.5 This document represents the entire and integrated agreement between the parties and supersedes all prior negotia- tions, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 15.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. 15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto wil! remain in full force and effect. 15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 8 980608 l~c 0031980 15.10 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 15.11 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: TECHWISE CONSULTING, INC. S[even K. Orr, President Taxpayer’s I.D. No. 77-0435344 Manager of Information Technology Director of Administrative Services Risk Manager Attachments: EXHIBIT "A": EXHIBIT "B"- EXHIBIT "C": SCOPE OF SERVICES INSURANCE NONDISCRIMINATION COMPLIANCE FORM 9 980608 |~c 0031_980 CERT IFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) On ’~f~-,~:1, i~,.,/~, before me, the undersigned, a notary ~ubli~ in di’ and for said County, personally appeared ~.o ~, ~<. &~. ,- __, personally known to me (’e ’s ’ t_o~y__e~i~n -~e) to be the person(s) whose name(s) is/am-~ ~ubscribed to the within instrument, and acknowledged to me that he/-mbeva~%ey executed the same in his/~ authorized capacity(ies), and that by his/~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. IO 980608~c 0031980 EXHIBIT "A" SCOPE OF SERVICES This contract is required to provide continued and consistent support to the City of Palo Alto’s Utilities Customer Information System (CIS). The work consists of: definition of requirements; documentation of process and workflow; generation of specifications; test plans and scripts for testing; review and evaluation of vendor proposals for packaged software; participation on the project implementation team; and additional phases of the vendor’s application. In addition, the contractor will support application development in other areas that make use of fourth generation application development tools, to support staff in the development of in-house modules. Ii 980608 la~: 0031980 06/10/1998 13:38 4084451001 JOHN L JESTER PAGE INSURANCE SERVICES GROUP, 204 CEDAR STREET CAMBRIDGE MD 21613 G.PHILIP FELDMAN INC. ’ , ’ ,:,. ",~+:- 061098 THIS CERT}FICATE IS ISSUED AS A MATI"~=~’6F iI~FORMATiON ONLY ANb OO~S NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY TEcHWISE CONSULTING, INC COMPANY 391 ~ENDERSON DRIVE SAN JOSE CA 95123 LE~’ER KEMPER INSURANCE CQMPANYLETTIER ’ CERTIFICAI’~ MAY BE ISSUED OR MAY PERTAIN, THE INSURANCI~ AFFORDPD 8Y THE POLlC’I~S DESGRIBI~D HEREIN ’S SUBJECT TO ALL THE TERMS, EXCLUS’ONS AND OONDITION8 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ~EDUOED BY PAID CLAIMS, "ryP~ oF ,.SU.ANCe ! ~" ICOMMERCIAL GENERAL LIABILITY ..... ~MSMAO~, X ;OCCUR.. ~O~R’S & CONTRACTOR’S PROT. POt_ICY NLIM~"-~ 7JJ44921 _,~00 AUTOMOBILE LIAI~ILITY ,ANY AUTO I~LL OWNED AUTOS =SOHEDULEG AUTOS X.-!H’REO AUTO~7JJ4~92~ 5-00i.X_.!NON-OWNED AUTOS jGAF~GE UABILITY *UMBR~LA ~RM OTHER THAN UMBREUA FORM ~S~N~S~ PERSONAL PROPERTY COMPUTERS BUSINESS INCOME WORKER’S COMPENI~ATION ANO EMPLOYI~R~;’ UABILITY i OTHF, L.R’ ’" I PROPERTY - SPEC POM~Y EFF’~CTIVE ,PO~.l=~f ~XPIP.~TIONDATE (MM~DD/YY) , DATE (MM!DD/YY) UMIT8 081197 081198 0811 97 0811 98 ’ GENERAL AGGREGATE PFR~ONAL & ADV. IEUuRY ’ $ 1 n n 0~, 0 0 0 , " CHOGCURRENCE $ 1 000" 000 U~T ~ t ~ 000,000 8ODILY INJURY BOOILY INJURY(Per ac=~d~t,~) ’ ’ PROPERTY DAMAGE .$ $15K, 250D, NO COINSUR. 15K, 250D, NO COINSUR~ D~.~IP~ON OF O~RATIO~ILOCATIONS~EHII~.E~/SpE~AL ITEM8 *~XCEPT 10 DAYS FOR NON-PAYMEN~ OF PREMIUM . ADDITIONAL INSURED : CITY OF PALO ALTO 250 HAMILTON AVE PALO ALTO, CA 94301 :.,, .. .+.: .+/+~.... ,, ,~ ,.+. ~ ,..~./.~?~ :.:.~.~,;+ SHOULD ANY OF THE ABOv~ D~3CRIBED POLICIES BE ~NCEL~D BEFORE ~E ~XPIRATION DAT~ THEREOF, THE ISSUING COMPANY WILL END~VOR TO MAIL ~ 0 DAY9 WRI~EN NOTICE TO THE C~RTIFICATE HO~ER N~ED TO ~E LE~, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA~ON OR LIABILITY OF ANY KIND UPON THE COMPANy, ITS AGENTS OR REPRE~ENTATIVE~. Exhibit B CERTIFICATION of NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certifies that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 To be knowledgeable of the lo.cal, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Firm:, .~.4:_--DATE: ~;/~,,,/’~3> Title of Officer Si Signature Please include any additional information available regarding equal opportunity employment programs now in effect within your company. (Please attach additional pages if necessary) END OF SECTION CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1 EXHIBIT C