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1996-09-24 City Council (18)
TO: City of Palo Alto C ty Manager’s Report HONORABLE CITY COUNCIL 2 FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE: September 24, 1996 CMR:404:96 SUBJECT:Approval of Consultant Contract with Janet Cox for Water Quality Public Outreach REQUEST This is a request for approval of a consultant contract with Janet Cox in the amount of $150,000 for Water Quality Public Outreach. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached one-year Consultant contract, with options for a second and third year, with Janet Cox in the amount of $150,000 per year to perform Water Quality Public Outreach services. Authorize the City Manager or her designee to negotiate and execute each year one or more change orders to the consultant contract with Janet Cox, the total value of which shall not exceed $22,000 in each year of the contract. Authorize the City Manager or her designee to exercise the option for the second and third years, at her discretion, and to execute any other documents necessary to implement the second and third years of the contract. POLICY IMPLICATIONS The approval of this contract is consistent with existing policies. EXECUTIVE SUMMARY Consultant Services Description The work to be performed under the contract is to assist the City in conducting the Water Quality Public Outreach Program for the City’s storm drain program and the Regional Water Quality Control Plant (RWQCP). To fulfill its responsibilities as operator of the RWQCP and as a co-permittee in the Santa Clara Valley Nonpoint Source Pollution Control Program, the City of Palo Alto is required to develop and administer a series of pollution prevention CMR:404:96 Page 1 of 4 programs to reduce the quantity of pollutants entering the sewer and storm drain systems. Public information and participation are integral elements of these pollution prevention efforts. Permits (issued by the Regional Water Quality Control Board, San Francisco Bay Region), for both the RWQCP, and the City’s storm drains and the Cease and Desist Order issued to the RWQCP include specific public outreach requirements. The scope of services is designed to achieve the following goals of the Water Quality Public Outreach Program: Complete all materials necessary for compliance with public outreach requirements included in the City’s stormwater and RWQCP’s wastewater discharge permits; Educate businesses and the public about the actions they can (and need to) take to prevent water pollution; and 3.Ensure that all affected parties have the opportunity to be fully involved in development of each pollution prevention program. Under similar contracts, the City has operated a Water Quality Public Outreach Program for the last six years. Conducting the water quality public outreach program assists the City in meeting the following goals: Maximizing the effectiveness of the City’s and the RWQCP’s non-regulatory pollution prevention programs, with the intent of minimizing the needs for regulatory requirements; and 2.Reducing the amount of pollutant discharges to regional sewers and City storm drains. It should be noted that the geographic scope of this program includes not only Palo Alto, but also the five other Partner Agencies served by the RWQCP: East Palo Alto Sanitary District, Los Altos, Los Altos Hills, Mountain View, and Stanford University. Selection Process The Policy and Services Committee selected the project for review of the draft scope of work prior to the issuance of a request for proposal. The Committee approved the scope of work on March 13, 1996. Staff sent a request for proposals to 13 consulting firms on March 22, 1996. Firms were given 38 days to respond to the request. A total of four firms submitted proposals. A selection advisory committee consisting of four managers, two from the RWQCP (Environmental Compliance Division), one from Public Works Engineering (the Storm Drain CMR:404:96 Page 2 of 4 system Senior Engineer), and one from the City of Mountain View Fire Department (representing the largest partner city for the Water Quality Control Plant) reviewed the proposals, and two firms were invited to participate in oral interviews on May 21, 1996. The committee carefully reviewed each firm’s qualifications and submittals in response to the RFP relative to the following criteria: Past performance and record of the firm and the proposed project team on similar projects (based on qualifications and references). Particular attention will be paid to quality of products and services, timely performance, and teamwork with client and other involved parties. 2.Familiarity with the issues relating to the scope of work. 3.Qualifications of the project manager and the proposed project team. 4.Ability to organize and present information to businesses and the public. 5.The proposed hourly rate relative to the services to be provided. 6.The proximity of the consultants to the RWQCP. While both consultant teams that were interviewed were highly qualified, Janet Cox was selected because she has greater familiarity with issues relating to the scope of work, has offices significantly closer to the RWQCP than all other bidders, has a competitive average hourly rate for her team as. compared to other qualified bidders, and has a proven record with the City of Palo Alto for outstanding quality of her products and services. Ms. Cox is located in Palo Alto and the next most qualified firm is located in Oakland. Proximity is important because meetings with affected businesses and community groups can arise quickly and are handled more economically and efficiently the closer the consultant is to Palo Alto. FISCAL IMPACT Funds for this project are included in the FY 1996-97 budget. ENVIRONMENTAL ASSESSMENT These services do not constitute a project for the purposes of the California Environmental Quality Act. CONFLICT OF INTEREST Staff, with the concurrence of the City Attomey, has determined that the consultant is exempt from complying with the financial disclosure provisions of the City’s conflict of interest code, because the consultant’s range of duties and services to be provided under the contract are limited in scope or are primarily ministerial in nature. CMR:404:96 Page 3 of 4 ATTACHMENT Agreement PREPARED BY: Phil Bobel, Manager, Environmental Compliance DEPARTMENT HEAD REVIEW: ¯/GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: BERNARD M. ST~bJNY Assistant City Manager CMR:404:96 Page 4 of 4 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND JANET COX FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PAL0 ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and JANET COX, a sole proprietor located at 1741 Cowper Street, Palo Alto, California 94301 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deliverables") (Services and Deliverables are, collectively, the "Project"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; NOW, 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 will terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. In the event that the Project is not completed within the time required through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS 2.1 The scope of Services andDeliverables constituting the Project will be performed, delivered or executed by CONSULTANT under the’ phases of the Basic Services as described below. 2.2 CITY may brder substantial changes in the scope or character of the Basic Services, the Deliverables, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to 960808 ayn 0071024 the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed~prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents andwarrants that it has the expertise and professional qualifications to furnish or cause~ to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (including CONSULTANTs), charged with the performance of the Services 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, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign JANET COX as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. JANET COX will represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 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 Project; 3.4.2 Keep itself fully 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 and any materials used in CONSULTANT’s performance of the Services; 960807 syn 0071024 2 3.4.3 At all times observe and comply With, and cause its employees 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 3.4.4 Will 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 the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with two(2) copiesof any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, cONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10o2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10o3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 960807 ayn 0071024 3 3.10.4 Other Additional Services now or hereafter described in an exhibit to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION~4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably ~requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. PHIL’ BOBEL is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed one hundred fifty thousand dollars ($150,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 960906 syn 0071024 4 5.1.2 The rate schedules may be updated by CONSULTANT~ only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. 5.1~.3 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.4 Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, public outreach coordinators, job captains, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available 960808 syn 0071024 5 to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and 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 CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 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 such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, 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 covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 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 9. INSURANCE 9.1 CONSULTANT, 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 "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 960807 syn 0071024 6 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:X or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT 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. 9°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 the 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 professional 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. 9.4 The procuring of such required policy or policies o2 insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT 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 I0.~ WORKERS’ COMPENSATION i0.i CONSULTANT, 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 Project. PROJECT SECTION ii TERMINATION OR SUSPENSION OF CONTRACT OR ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 960807 syn 0071024 7 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT~will be compensated for each item of service fully performed in the amounts authorized under this Contract. ~ 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with-this Contract° Such materials will become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’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 CONSULTANT to fulfill its obligations under this Contract. 960807 syn 0071024 SECTION 12.AS S IGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT 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 CITY will be void and, at the opti.on of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 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 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this C~ntract, CONSULTANT 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. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one 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 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT 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 "D" 960807 m!n 0071024 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider~ will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; that [Name of Provider] will pursue an affirmative course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; 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." 15.3 If CONSULTANT 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 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. 15.4 If CONSULTANT is found in default of the nondiscrimination provisions of this Contract or the applicable Affirmative Action Guidelines pertaining to this Contract, CONSULTANT will be found in material 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 CONSULTANT the sum of two hundred fifty dollars ($250) for each calendar day during which CONSULTANT is not in compliance with this provision as damages for breach of contract, or both. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal 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° CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16o2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled 960807 syn 0071024 10 by arbitration in accordance with the Rules of the America~~ Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 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. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action~ 16.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract~will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 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 will remain in full force and effect. 16.10 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. 16.11 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. 16.12 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 960807 ~yn 0071024 11 available. This Section 16.12 will 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 APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Public Works JANET- COX By: ~ Its: Sole Proprietor Taxpayer’s I.D. No.561-70-1713 Deputy City Manager, Administrative Services Risk Manager Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SCOPE OF PROJECT & TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 960808 syn 0071024 12 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code ~ 1189) STATE OF ~ )) ss. COUNTY OF ~ ) 9 , 1996, before me,~ a Notary in and for said County a~d State, personally appeared , personally known to me or o me on the basis of satisfactory evidence to be the person Ls9 whose name(~¢ is/.a~e subscribed to the within instrument and acknowledged to me that ~e/she/t-~ executed the same in h4~/her/t~authorized capacity(~, and that by ~i~/her/tke~r signature~s~ on the instrument the person~R9, or the entity upon behalf of which the person~) acted, executedthe instrument. WITNESS my hand and official seal. Sygnature of Notary Public 960808 ayn 0071024 13 EXHIBIT A SCOPE OF PROJECT AND TIME SCHEDULE WATER QUALITY PUBLIC OUTREACH PROGRAM A. Purpose The purpose of the City’s Public Outreach Program is: ¯to ensure that all affected parties have the opportunity to be fully involved in development of each pollution prevention program ¯to educate businesses and the public about the actions they can (and need to) take to prevent water pollution Because the RWQCP is under enforcement order from the Regional Water Quality Control Board for discharge of pollutants to San Francisco Bay at levels exceeding permitted effluent limitations, it is exceptionally important that the City’s Public Outreach Program be conducted in a highly effective manner. The scheduling and completion of certain activities will be critical to the City’s and RWQCP’s compliance x~5th applicable permit requirements. Successful completion of assigned tasks and products on schedule will be an important element of this contract. Be Scope of Work 1. Development of Work Plan A Contract Work Plan shall be developed by CONSULTANT listing specific work pi:oducts, the resources required to complete each, the staff assigned to each, and the time schedule for each. Monthly meetings shall be held between CONSULTANT and CITY to review progress and make changes determined by CITY to be necessary. The Contract Work Plan shall contain the items in the Public Information and Participation Performance Standard Guidelines (Attachment A) or shall indicate that the item is being covered by City or Santa Clara Valley Water District Staff or others. 2. Production of Public Outreach Materials CONSULTANT shall prepare the public outreach materials specified in the Contract Work Plan. The outreach materials will include the following: oVideos .Factsheets °Newsletters oBrochures ¯ Utility Bill Inserts ¯ Articles for Periodicals ¯ Press Releases ¯ Newspaper Advertisements ¯ Door Hangers .Posters .Displays for Special Events .Promotional Items for Schools, Special Events and Businesses .Stickers 3. Annual Reports CONSULTANT shall prepare two annual summaries per year of the public outreach activities accomplished by CONSULTANT and the CITY. The first shall be due on February 1 (for the Sanitary Sewer annual report) and the second on July 1 (for the Storm Drain annual report). 4. Employee Training In accordance with the work plan developed by CONSULTANT and approved by CITY, CONSULTANT shall develop water quality training videos for businesses and City staff focussing on the most frequent types of violations encountered in the Palo Alto area. The training videos shall be modular with the following components produced first: a)Overview of the environmental impacts associated with sanitary sewers and storm drains and the relationship of the two. (1 minute) b)Construction Management BMPs focussing on concrete and mortar work, saw- cutting of pavement, dewatering, and painting. (3 minutes) c)Vehicle Service BMPs, focussing on vehicle washing, wet sanding, floor cleaning, fluids replacement and fueling. (3 minutes) d)Food Service BMPs focussing on grease management and equipment cleaning. (2 minutes) e)Other Facility Management issues including cooling systems, product use, pesticide use, pools, and equipment maintenance. (5 minutes) 5. Interagency Coordination CONSULTANT shall represent CITY at assigned interagency meetings concerning public outreach programs to promote efficient use of CITY resources, prevent duplication of effort and insure coverage by the most appropriate groups. CONSULTANT shall promote the concept of Regional Outreach Programs where agency interests are similar and economies of scale suggest a regional approach. 2 C. Schedule The schedule for preparation of products shall be prepared by the CONSULTANT as part of the Contract Work Plan and approved by the CITY prior to implementation. The Scope of Work (Part B, above) includes the preparation and updating of the Contract Work Plan. The schedule in the Contract Work Plan shall be updated each month and reviewed with the Project Manager and Project Director in a monthly planning meeting. Upon direction by the Project Manager, modified components shall be executed by the CONSULTANT. The Contract Work Plan shall define specific work elements to be performed, the resources required to complete the task, the specific staff assigned to the task, and the time schedule for the task. City’s approval of the proposed work plan for each task shall be required prior to initiation of work on each task. The CONSULTANT shall adhere to the following schedule: _Task Prepare proposed Contract Work Plan and detailed schedule for remainder of F¥ 1996/97. Date 10/1/96 2.Prepare the Palo Alto Storm Water 1/15/97 Work Plan for FY 1997/98. 3.Prepare RWQCP Public Information 2/1/97 Annual Report Sections. 4. Prepare Storm Drain Annual Report.7/1/97 I:\iwdocs~kell)Awpdoc’s\publicin\scope.s96 July 24, 1996 ATrA(Z-IMENT A TO SCOPE OF WORKPublic Information and Participation " %finance Standards March 1, 1996 Santa Clara Valley Nonpoint Source Pollution Control Program PUBLIC INFORMATION AND PARTICIPATION PERFORMANCE STANDARDS Introduction Following are performance standards for the Public Information and Participation (PIP) element of the Santa Clara Valley Nonpoint Source Pollution Control Program (Program). These standards provide a framework for co-permit’tees to define the outreach activities that will strive to change behaviors and increase awareness of nonpoint source pollution prevention to the maximum extent practicable (/V£EP). Public Information and Participation Program Goals and Areas of Activity The goals of the Program’s Public Information and Participation element are: To change behaviors which adversely affect water quality, and to increase understanding and appreciation of streams and the Bay. PIP accomplishes these goals using several methods: General Outreach, Targeted Outreach, Education Programs and Citizen Participation (SCV’NPS Pollution Control Program Stormwater Management Plan, 1995 - 2000, p. 9-24), tkrough regional, Program-wide and individual co- permittee activities. Performance Standard Guidelines (Attachment A) have been developed to assist co-permittees in developing armual workplans. These guidelines are intended to provide illustration of the type of activities that are commonly part of an outreach program, and are not intended to be an exhaustive or exclusive list of activities. The guidelines also include guidance on documentation and evaluation. Performance Standards The titles of the following activities refer to activities specified in the SWMP. PIP - 1 Develop a Program PIP Strategy and Plan for the Years 1995 - 2000 (SWM~, p. 9-25) The PIP Strategy was adopted by the Program’s Management Committee and submitted to the Regional Water Quality Control Board by the Program on Sept. 1, 1995. PIP - 2 General Outreach (SWIV~, p 9-25, 26) Objective: The goal of general outreach is to increase awareness of behaviors that adversely affect stormwater quality and to increase awareness of creeks and the Bay in the general public. Public Information and Participati "~¢rformance Standards March 1, 1996 Performance Standard: D_c.li_!.ex.general outreach nonpoint source pollu,’.i.O_n_prevention ~ges to as many of the co-perrnittee’s 9.~9.alafi.~:lAt,s@.. racticable, and using as many communication vehicl~ as practicable ~A’EP). Methods commonly used to distribute messages to the general public include the development and distribution of.brochures and printed materials, public presentations, placing advertisements, distributing public so,ice announcements, letters to the editor and other public access communication channels (See Attachment A). PEP - 3 Targeted Outreach (SWMP, p. 9-26) Objective: The goal of targeted outreach is to deliver specific nonpoint pollution prevention messages to groups who have been identified as significant potential or actual nonpoint source prlluters, and to those groups who require unique outreach efforts. Performance Standard: Deliver tar~utreach nonpoint source pollution prevention messages to those audiences within the co-perrnittee’s jurisdiction who have been identified Progam-wide and by the co-permit-tee as likely or actual nonpoint source polluters, and to those who require unique outreach efforts. Deliver these messages as frequently as practicable, and utilizing as many outreach .vehicles as practicable .(M’Ep.). PIP - 4 Educatio,~ (SWMP, p. 9-28) Objective: The goal of an education program is to make available messages about stormwater quality and/or messages that increase understanding of streams and the Bay to people in an educational context. Performance Standard: Make available messages about stormwater quail .llv and/or messages that increase understaudi wag_gt.d_~_w_~ene~.~fstreams and the Bavto as many schools and/or ed~tcational organizations in your area as practicable 0VI’Ep). Means by which municipalities typically conduct education prog-rams.include providing educational materials or curriculum to area teachers, school districts or educational organizations, conducting classroom visits or presentations, or by training teachers (see Attachment A.) PIP - 5 Citizen Participation (SWMP, p. 9-29) Objective: The goal of a citizen participation program is to involve and engage citizens in achieving Program goals by actively encouraging involvement in activities such as creek clean-up, creek monitoring, storm drain stenciling, "creek watch" programs, or other "front-line" activities. Performance Standard: vc’" e " - errnirtee’sjuri "c" c" .~t~ortunities to parti~ preveutin~ution and/or caring ~fgx~2&~ -w" a . Citizen participation programs typically include such items as a citizen monitoring prog-rams, creek clean-up events, and/or volunteer storm drain stenciling activities. Public Information and Particip. jn Performance Standard Guidelines March 1, 1996 Santa Clara Valley iNonpoint Source Pollution Control Program PUBLIC INFORMATION AND PARTICIPATION PERFORMANCESTANDARD GUIDANCE DOCUMENT (ATTA CI-h-M:ENT A) Introduction These guidelines have been prepared to provide guidance to co-permittees of the Santa Clara Valley Nonpoint Source Pollution Control Program in developing .annual work-plans. These guidelines are not intended to be a complete or exclusive list of ou~each activities, but rather to suggest activities that co-permittees may choose to implement in order to develop public in.formation and participation program as required by the Program’s ~N’PDES permit. PIP - 2 General Outreach General Outreach programs deliver nonpoint source pollution prevention messages to the general public. This can be achieved most effectively by delivering ~N"PS pollution prevention messages as oflen as practicable, and by utilizing a variety of commuaication methods to help ensure that different segments of the population receiv.e the message. Components of a General Outreach program may include: Direct Methods: Distribute in.formation at community events, festivals, city open houses, HHW drop- off days, etc. o Create a display in libraries or other city buildings. Can use Program display materials o Mail brochures to city residents in utility bills or other civic mailings. ¯Advertise materials available in municipal newsletters, weekly newspapers, utility bilis ¯ ’ Give presentations to civic groups, community organizations, business associations, etc. °Distribute materials through inspectors or other city staff with direct contact with residents. Display materials at businesses (point of sale). °Place messages on computer bulletin boards. Stencil storm drains. Distribute press releases and public service announcements to send to local media. Put listings on your local cable access channel. Ud.l.ize space in community college radio and TV. Public Information ~,. " Varticipation Performance Standard Guideli,March 1, 1996 Place advertising messages in community newspapers or magazines, newsletters, chamber of commerce publication, realtor newsletters, etc. Place messages on city sweepers or other vehicles. Place messages on city worker’s tee-shirts or caps. Submit slides with NPS pollution prevention messages to movie theaters. PIP - 3 Targeted Outreach: Targeted outreach programs should complement general outreach programs by delivering specific nonpoint source pollution prevention messages to groups who have been identified Program-wide or by the co-permJttee as the most likely or actual nonpoint source polluters, and to those who require unique outreach efforts. Targeted outreach is distinct from genera] outreach in that it has a specific message and specific audience. Components of a targeted outreach program may include: Develop and distribute information to special interest groups such as garden clubs, auto enthusiasts, pool owners, handymen, ¢ionstmction workers, etc. Distribute information at retail outlets likely to attract target audiences sdch as hardware and automotive stores, garden supply stores, etc. Conduct outreach to the commercial/industrial sector including vehicle service shops, restaurants, etc. ¯Develop articles or press releases for special interest publications such as the garden or home section of the local newspaper, announcements for automotive care radio programs, nursery newsletters, etc. ¯Give presentations to trade or special interest groups (pool cleaners organization, painters, home hobbyists, etc.) A subset of targeted outreach is municipal employee.training. Components of an employee training program may include ¯Develop a system for proper handling and response to public inquiries. ,Conduct training for inspe.ctors and field personnel. ,Maintain awareness with employees through regular pro.re’am updates (e.g. e-mail, newsletter, voicemail0 staff meetings, or other communication devices). ¯Ensure that storm drains on city property are stenciled and maintained. ¯Conduct traininglbriefmgs for city construction, car washing, landscapizlg and other relevant city employees. ~_ Another subset of targeted outreach is outreach to non English-speaking audiences (where applicable). Methods of outreach to non English-spe "ak.ing communities may include: Distribution of translated materials to households, businesses or community organizations. ¯Participation in events targeting non English-speaking audiences. ¯Distribution of press releases or public service announcements to media targeting non English-spe "aking audiences. Public Information and Participatic rformance Standard Guidelines March 1, 1996 Presentations to civic and commurdty groups serving non English-speaking audiences (Hispanic Chamber of Commerce, Vietnamese Businessmen’s Assn., etc.) PIP - 4 Education Education programs serve to complement general outreach by making available nonpoint source pollution prevention messages (change behaviors and increase appreciation of creeks and the Bay) to people in an educational setting, so that these messages are eventually incorporated into the mainstream. Components of an educational ~utreach program may include: ¯ Ensure development of interaction with schools and/or districts, and/or other educational organizations such as day care centers, church education pro~ams, home care organizations, and others. Inform and make available to teachers/administrators available materials through mailings, direct contact or newsletter articles. Provide for classroom presentations for students, such as puppet shows, mascot presentations, or hands-on activities such as diorama use. . Student poster or essay contests on NPS-related issues. ¯Training or workshops for teachers. PIP -5 Citizen Participation Citizen participation programs help to further the efforts of genera! outreach, targeted outreach and education by actively encouraging ~ae involvement of the public in preventing nonpoint source pollution and increasing appreciation of creeks and the Bay. Components of a citizen participation program may include: ¯Volunteer storm drain stenciling programs. ¯Citizen creek clean-up events. ¯District’s Adopt-a-Creek program. ,A Streamkeepers or citizen moaitoriag program using the CCRS Streamkeepers or other program as models. Documentation: Maintain records of the outreach messages that are delivered, including the intended audience. Effectiveness Evaluation: Based on the implementation of the annual workplan, describe how your work’plan will change and why. EXHIBIT B Water Quality Ou’~,ach Program Fee Schedule Janet Cox Project Manager/Team Leader $80 per hour Stephanie Hughes Technical Advisor/Communications Specialist $70 per hour Artefact Design $80 per hour Janet Cox and Associates 15 ACORDm PRODUCER CERTiFiCATE OF Insurance by Allied Brokers 630 Cowper Street Palo Alto CA 94301 Pat J. Warsh Phone No. 415-328-1000 INSURED Janet W Cox FaxN0.415=324=l142 LiABiLiTY INSUR NC ,D PA DATE,.==JANET-I 09/0S ITHIS CERTIFICATEIS JEDAS A MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTERTHECOVERAGE AFFORDED BYTHE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ITT Hartford 1741 Cowper Street Palo Alto CA 94301-3804 COVERAGES COMPANY B COMPANYc COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATIONLTRTYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY)DATE (MM/DD/YY)LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY J CLAIMSMADE i X~ OCCUR , OWNER’S & CONTRACTOR’S PROT AUTOMOBILE LIABILITY ANY AUTO = ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY , ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY 57SBAEL9906 57SBAEL9906 GENERAL AGGREGATE :$ 2000000 04/01/96 04/01/97 : PRODUCTSoCOMP/OPAGG$ excluded ’ PERSONAL &ADVINJURY $1000000 ! EACH OCCURRENCE , $ 1000000 i FIRE DAMAGE (Any one fire),i $ 300000 MED EXP (Any one person)$ 10000 COMBINED SINGLE LIMIT BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE $ $ $ $ $ WC STATU-:OTH-TORY LIMITS ’ER EL EACH ACCIDENT $ EL DISEASE -POLICY LIMIT $ EL DISEASE- EA EMPLOYEE $ 04/01/96 ’ 04/01/97 B.P.P.16,100 LOSS INC/ACTUAL/STRE THE PROPRIETO~INCL,PARTNERS/EXECUTIVE ~OFFICERS ARE:EXCLI OTHER A Property Section DESCRIPTION OF OPE~TIONS/LOCATIONS/VEHICLESISPECI~ ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR PERCONTRACT REG. WATER QUALITY CONTROL PLANT CERTIFICATE HOLDER CITY OF PALO ALTO/PUB.WORKS EN VIRONMENTAL COMP DIV PHIL BOBEL 2501 EMBARCADERO WAY PALO ALTO’CA 94303 ACORD 25-S (1/95) CITYPAL CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10__,.,~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY A2:O’,:;E’;’ ; ZS :,’.; ,TC, ;PANY,’; AGENTSORROPRESENT. ©ACORD CORPORATION 1988 EXHIBIT D CERTIFICATION of NONDISCRIMINATION SECTION 410 Water Quality Public Outreach Program - RWQCP ~rtification 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 specifi~.ally: 1.0 To esiablish or observe employment policies opportunities for minority persons at all job" levels. which affirmatively promote 2.0 3.0 To communicate this policy to all persons concerned, in.cluding all employees, outside recruiting services, especially those serving minority communities, and to the minodty communities at large. To take affirmative action steps to hire minodty emp!oyees within the organization. ¯ 4.0 To be knowiedgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Title of Officer Signing:’~:~ Signature Please include any additional information availabl~ 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,.discriminatJon (6194)SECTION 410-1 CERTIFICATION of NONDISCRIMINATION SECTION 410 Water Quality Public Outreach Program - RWQCP ..C.-4rtification 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 esiablish or observe employment policies opportunities for minority persons at all job’ levels. which affirmatively promote 2.0 Firm: Titl~ of Officer 3.0 4.0 igning:. To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minodty communities, and to the minority communities at large. To take affirmative action steps to hire minority emp!oyees within the organization. To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action poli~:ies and provide opportunities for employees. Sig Please include any additional information programs now in effect within your. company. availabl~ regarding equal opportunity employment (Please attach addrdonal pages if necessary) END OF SECTION CITY of PALO ALTO: Non-dLscdmination (6194)SECTION 410-1 CERTIFICATION of NONDISCRIMINATION SECTION 410 Water Quality Public Outreach Program - RWQCP ~-...ertificatior! 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 esiablish or observe employment policies opportunities for minority persons at all job levels. which affirmatively promote 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 affirmative actio,n policies and provide opportunities for employees. To be knowledgeable of the local, state, and federal laws and regulations concerning regarding equal opportunity employment Title of Officer Signing: Please include any additional information’~’vailable programs now in effect within your. company. (Please attach addi’donal pages if necessary) CITY of PALO ALTO: Non-discrimination (6/94) END OF SECTION SECTION 410-1