HomeMy WebLinkAbout0610.000•
•
o
Oect!mber 13, 1990
HONORABLE CITY COUNCIL
Palo A1to, California
.'~.' ~ ".,/
o
CONSULTANT fOR PREPAPATION OF A FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE PALO ALTO MEDICAL FOUNDATIQN'S PROPOSED SPECIFIC PLAN
~mbers of the (ouncil:
Report in Stief
Tne purpose ~f this report is to ~ecommen~ that the City CounCil authorfze the
Mayor to execute an agr!ement (see attachment} with Brady and Associates for
assistance in prepa~ing t~e Final Environmental Impact Report (ErR) on the
Paia Alta Medical Foundation's proposed Specific Plan. The Palo Alto Medical
Foundation will pay the City for the fyl1 cast of consultant services needed
1rt preparation of the Final tIR;. consistent 'With the new private developer ElR
process (CHR:S89:0, dated Dece~b~r 6, 1990) gi~en l~itial approval by the Citt
Council on December-10, 1990.
Background
Co~sultant selection for preparation of the earlier Medical Foundation OE[R
and Revised D£IR followed procedures used by tMe Planning ~epartment for other
pr;~ate develcpment proposals wnere E[Rs or related traffiC, noise and iir
q~al;ty studies were required. Thus~ the Medical foundation contracted
directly with the firm of Brady and Associates, one of a list of consultants
acceptable to the City. Ibis flrm prepared bQth the initial DErR, re~iewed in
1989-90. Jnd the recently re~ised DEfR under the supervision and control of
the City.
en accordance with the action ta~en by the City Councilor. December 10, 1990.
staff lS proposing that the City contract directly for preparation of tMe
F1nal EI~ on the MEdical Foundation's proposed Specific Plan~
Consyltant Selection
Since Brady and Associates ,prepared th~ Revised DEIS< upon which pl.!bl IC and
Planning Commission comments are based, staff believes that this firm should
be selected to prepare the F1~ol EIR in order to assur~ continuity and
consistency between the content of the Revised DEIR and the Final EIR. In
addition, since Brady and Associates and its sub-consultants have developed
all the bas. aata for the Revised OEIR, pc'pacation of the Final EIR by th,s
CMR;610:0
. ,,.'
. ,"
-;: .. :-::..:-.-,
o
firm should be completed ~;tni~ three months. Brady and Associates and its
,ubcDnsult.nts will work independently on behalf of the City. but .11
materlils submitted will be revie~ed and revised under the supervision and
control of the Planning staff.
Scupe of liork.
The ,ttached Scope of Work describes th~ types of tasks and ~na1yses that will
be required to prepare the Fin'll EIR on the Palo /I.lto Medical Foundation~s
proposed Specific Plan. The Final fIR .ill cOfit.lin responses t() all pub17c
and Planning Commission comment (written and verbal, or. all elements cf tne
Revised DEIR.
funding
The Palo AHo Medical Foundation agreei to fund the final EIR preparation. If
the Clty Council approves the contract, the Palo Alto Medical Foundation will
adv.nce $96,096.00 to the City of Palo Alto for deposit into a Trust fund
entitled ·Prfyat~ Developer Deposits-EIR/Special Studies" to cover full costs
of Final EfR preparation including 58,73&.00 for contingency_ Payment to the
consultant will be drawn from this Trust Fund in acc~rdance with the
procedures outlined i~ CMR:S98:0, dated December 6, 1990.
Recoimle.ndat1on
Staff reco~nds t~at Counc~l:
1. Approve the selection of 8rady and Associates for the preparation of a
Final Environmental Impact Report on the Palo Alto Medical Foundation's
proposed Specific Plan;
2~ Authorize the Kayor to exec~te the attached agreement with Brady and
Associ ates.
Re5r:;tful11 SUbmit~ed. ZlI~''l 'lP ~{~ Gio~ ZIMfERMA~ I
'"''::::,P:'''
ist.nt C;tY_Ka:.~
Attachments: ProfeSSIonal Consultant Agreement
cc: Palo Alto Medical Foundation
Brady and Associates
CMR:610:0
A:\CKR\Consult
~t-Nd//~
KENNETH R. SCHREIBER ~
Director of Planning and
COlm'1un ity En ... ironment
including Scope of Ser~ices
11/13/90
Page 2
•
o
A G R E E MEN ~
E'E'I'ioiEEN THE CITY OF PALO ALTO
AND
BRADY AND ASSOCIATES
FOR
PREPARATION OF A F!NAL ENVIRO~~NTAL IMPACT REPORT
(Palo Alto Medical Foundation)
THIS AGREEMENT is made and entered into this _____ day of
December, 1990, by and between the CITY OF PALO ALTO, a municipal
corporation of Califcrnia~ herei~~fter referred to as ~CITY,N and
BRADY AND ASSOCIATES, a California ~orporation (Taxpayer Identifi
cation No. 94-3057913), vith offices at 1828 Fourth Street,
Berkeley, CA 94710, hereinafter referred to as "CONSULTANT u ;
!t_L.!· ______ ~ ~ S BET H:
WHEREAS, CITY desires certain professional s~rvices
hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its q~alifications and experience for
performing such services, and CONSULTANT has offered to provide t;'e
required services on the terms and in the manner set forth hereir.;
NOW. THEREFORE... in consideration of ttleir mutua.l
covenants ... the parties hereto agree as follo~5:
SECTION 1 -DEFINITIONS
1.1 CITY MANAGER
The term "Cit.y Manager" shall mean the duly appointed
City Manager of the City of Palo Alto~ Califc~nia, or his
designated representative.
1. 2 CI TY C LERI<
The te~. -City Clerk~ shall ~ean the
Clerk of the city of Poe,lo Alto .. california,
representative.
1.3 RISK MANAGER
duly appointed City
or her designated
The term -Risk Manager'll shall ICean the duly appointed
Ris~ Manager of the City of Palo Alto, California.. or his
designated representative.
1
9011Jlw.:~
o
The term IIIEIR" mealiS tne final environmental irnpact
report fer the pz:op;:>sed Palo Alto Medical Foundatio.'l Speci fie Plan
and related actionS4
1.5 PRQJECT
The term IOIProj ect" meaJ"'.s the proposed exp:u'I.slon by the
Palo Alto Medical Foundation, for whi~h the ErR is being p=€pa~ed.
SECTIQ,N_ 2 -PROJECT COORDINATION
2.1 CITY
The City Manager shall be representative of CITY for all
purposes under this Agree:r.Jent. George zimmerman is designated as
the PROJECT MANAGER for the City Manager, and he shall supervise
the progress and ex~cution of this Agreement.
2.2 CONSULTANT
Sheila Brady shall be representative of CONSULTANT for
all purposes under this agreement~
SECTION ;} -SCOPE OF SERVJ..CES
The scope of the services to be perfo1:med by CONSllLTANT
is described in Exhibit aA-, entitled ·Palo Alto Medical Found3ticn
Specific PlanN. attached hereto and made a part hereof.
SECTION 4, -~POTIES OF CONSULTANT
4.1 BASIC SERVICES
Unless otherJise indicated~ CONSULr~"T shall perform
those services described in Exhibit MAM.
4.2 ADDITIONAL SERVICES
CONSULTANT shali pe~fozm or obtain any and all of the
following aQdi~ional services~ not included under Basic Services,
if so authcrized in writing by CITY, and shall be paid as provided
in Section 6 o~ this Agreement:
4.2.1 providing services as an expert ,.Jitness in
co~nection with any public hearing, arbitration proceeding, or
proceeding of a court of record.
4.2.2 Incurring travel and subsistence expenses for
CONSULTANT ~nd her-staff beyond those norma lly required under Basic
Seriices.
2
9Cl1!1! bck 0010109
4.2.3 Perfonning any other
agreed upon by the parties subs~quent to
Agreement.
4~ 3 ~ERAL DUTIES OF CONSULTA."l'T
services that may be
the executi0n of this
•. 3.1 CONSULTANT represents that it is experienced iI".
the p-::-eparation of environmental impact reports and is qvalified to
furnish the services described under-tl".is _!tgreement. CONSULTANT
further declare:s that employees of its fin. and those of its
subconsultants are likew'ise qualified to perform their services and
that these services 'Will be performed by them or under their
supervision.
4 ~ 3.2 CONSULTANT shall furnish CrTY with every
reasonable opportunity for CITY to a~certain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement~
SECTION 5 -DUTIES OF CITY
5.1 CITY sball provide full infonr,ation regarding its
requirements cf CONSULTANT ~ as vell as copies of all relevant
studies, data and other information ~hich is in City's possession.
5.2 CITY shall examine documents submitted ~y CCNSULT.~T and
shall render decisions pertaining thereto promptly~ to avoid
unreasonable delay in the progress of CONSULTAN'l'ls ,",ork; provided,
however, all ~ritten work submitted by CONSULTANT for review by
CITY shall have tleen edited for grammatical and typogroaphical
correctness as ~ell as for substance.
5. J CITY shall furnish infonnation requ.ired by CONSULTANT as
expeditiously as possible.
SECTIQN 6 -PAYMENT
Fayment shall be made by CITY only for services rendered
~ithin 30 days after submission in triplicate of monthly progress
pa~ent requests. Each monthly progress payment request {invoice)
shall be itemized as to the amount requested for the 'Work co~.pleted
to date in each task area~ the cumulative aDounc invoiced, and the
balance remaining in each task area. Invoices shell be directed to
the attention of the PROJECT MANAGER.
In consideration tor the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to exceed
Ninety-six Thousand Ninety-six Dollars ($96,09£.00) for the
services described in Section 3.
3
.. t~~,
;.,-'-C_' "c;,"_ ~!;/.
" 6.1.1 Subconsultants.
directly by CONSULTANT, shall be
in paragraph 6.1.
o
Fees for 5ubconsul tants, hired
included in the amount set forth
6.1.1 For Additional Seryices4 Far CONSULTANT's
additional services, as de.scribed i:i Section 4 of this Agreecent,
compensation shall be in accordance with the Consultant's hourly
fee schedule set forth in Exhibit ·AM~ plus expenses to be agreed
upon in 'Writing before the performance of s'.lcl'. ser-vices.
6.2 PAYMENT SCHEDULE
6.2.1 For Basic Seryices.
Services shall be made in progress payments
tasks set forth in Exhibit nA-,
Payments for Basic
in accordance with the
Final payment shall be made by CITY after CONSULTJ.-NT has
subm.itted all required docu'lnents a:'ld received approval thereon.
6.2.2 For Additional Services. Pa}'1rIents for
additional services of CONSULTANT as defined in Section 4 shall bE'
made as part cf the monthly prog~ess pay~ents for servic~s
rc>ndered.
6.2.3 payment Upon Suspen:;ion 01: Abandon:ment ___ 9J.
!: __ :t:;'gi ect. If the Froject is suspended by CITY for mere than three
(3) months or abandoned in 'Whole. or in p.'!rt by CITY. CON5UI,TANT
shall be paid its compensation for services perfo-need prior to
receipt of written notice from CITY of such suspension or abandon
ment, together with additional and rei~bursable expenses then due.
If the project is resumed after being suspended, CONSULTANT shall
continue to be paid in accorda~ce with the fees fo~ basic services
set forth in this Section 6; p~ovided, however~ if the suspensior.
contributes to the inability of CONSULTANT to provide the services
set forth in Section 6 for the Wnot to exceed~ amount set forth in
Paragraph 6~l, any change in CONSULTANT's compensation shall be
subject to renegotiation and, if necessary, approval by the Palo
Alto city Council. If this Agreement is suspended or terminated
for fault of CONSULTANT, CITY' shall be obligated to compensate
CONSULTA."IT only for that portion of CONSULTANT's ser,lices ""'hich are
of benefit to CITY in producing an EIR that is adequate and in
compliance ~ith the California Environmental Quality Act.
SEctION 1 -PROGRESS &~p COMPLETION
7.1 TIME IS OF THE ES~kNC~
It is understood and agreed that time is of the essence
of this Agreement. and. that, following receipt of Notice to
proceed. CONSULTANT shall commence work on initial tasks of study
set forth in Exhibit ·A·~ Work shall proceed in accordance ~ith
the time schedule set by the Project Manager.
4
')01212 ~ OO"~
7.2 ~~s. REVIEW ~VD ~PPROVAL
Between each phase of work there i!> a rev ie· ... and approval
period by CITY~ The CITY will exercise due diligence to complete
these tasks; h01:iever, it is recogniz.ed that the: interrelated
.exchange of information among C1TY I 5 var iO!Js departments lI'.akes it
impossible to set a specific time schedule. Normally, the CITY's
estimated period o~ review and approval will be fur •• ished to
CONSULTANT at the time of sUbmission of each phase of ..... ork.
7 ~ J EXTENSION OF TIME OF COMPLETr-.Q_~
In the event the services called for under this Agreement
are not completed by CONSULT.lUlT wi thin the time specified, CrTY
shall have the option to extend the time of completion. This para
graph does not preclude the recovery of damages for delay of either
party.
SECTION a -CH&~GES IN WORK
CITY may order ~ajor changes in scope or character of
~ork, either decreasing or increasing the amcunt of CONSULT~~T's
serv~ces. In the event that such changes are ordered~ CONSULT~~T
shall be entitled to full cQmpensation for all "'ork performed prior
to receipt of notice of change~ Increased compensation for major
chang~s shall be determined in accordance ~ith Section 6 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of such e)ftra compensation shall first have been agreed
to in writing by CITY.
In the event that major changes are ordered pursuant to
this section, the schedule for progress and completion in Section
I of this Agreement and compensation shall be adjusted by negotia
tion between CONSULT~~T and CITY, subject to approval, if neces
sary. by the Palo Alto City Council.
SEC7~9~~~ TE~~~NATrON OR SUSPENSION OF AGREEMENT
9.1 CA.~CEL1""TTON BY CONSULTkNT
CONSULTANT may terminate this Agreement or suspend wo::-k
on the Project upon thirty (30) days' written notice to CITY, cut
only in the event of substantial failure of performance by CIT~ or
in the event CITY abandons or indefinitely postpones the Project~
9.2 CANCELLATION BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by la~, CITY shall have the right to terminate
this Agreement or suspend York on the Project for any reason, upon
fifteen l15J days· 'Written notice to CONSULTANT. CONSULTANT agt"ees.
to cease all VorK under this Agreement upon receipt of said ~ritten
notice.
5
90 IlL 2 We: 00JaW\J
.' ~
o
9.) COMPENSATION" OF CONSULTANT IN_ THJ~ ... _F;V_ENT OF TEB-MINATION
OF THIS AGREE~fNT
In the event of termination of this Agreement O~
suspension of ~ork on the Project by either CITY or CONSULT&~T.
CONSULTANT shall receive compensation as fol1o~s;
9.3.1 For approved items of service under section 4
of this Agreement, comper.sation $h2l11 be in the amount cutl ined
under Section 6 of this Agreement for the items of service fully
performed by CONSULTANT.
9.:L:2 For items of service on ..,hich a notice to
proceed has been issued by CITY, but ... ·hich have not been fully
completed and approved, CONSULTANT shall be compensated tor said
service in an amount ....,bich be.ars the same ratio to the total fee
otherwise payable for the performance of said service as the
service actually rendered bears to the total 5e~ice necessary for
the full performance of said item of service.
3.3.3 In no event shall the total compensation paid
in the i~~ediately preceding paragraphs exceed the payrner.t
specified in Section 6 for the respective items of se~ice to be
furnished by CONSULTANT.
9.3.4 Notwithstanding anything in 'the preceding para-
graphs, upon termination f'Or fault of CONSULTANT. CITY shall be
obligated to pay for only that portion of th~ service ~hich can be
incorporated in an adequate environmental impact report.
9.4 DUTIES OF CITY AND CONSULTANT
Upon termination of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections 4 and 5 hereinabove, shall
terminate.
Records
Project shall be
accounting basis
convenient times:
of the following e)(penses pertaining to the
kept by CONSULTANT on a generally recogniz.ed
and ::ihall be available to CITY at mutually
10.1 Direct personnel expenses, including consul tant expenses.
(See Section 6 of this Agreement.}
10.1.1 Expenses perta ining to Additional Services.
(See Section 6 of this Agreement.)
SECTION 11 -OWNERSHIP OF DOCUMENTS
11.1 Subject to the proviSions
documents prepared by CONSULTANT
Agreement, although instruments of
6
901212 We: 0030209
of Paragraph 11.2 below, all
in the perfoncance of this
professional service, are and
•
shall be the property of CITY whether the environme!"ltal irr.pact
report is certified or not.
11.2 Upon termination under section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section, the crigif'.als and all calculations, studies and silt'lilar
dOCUlnents become the propert~.. of CITY', and CONSUL-TA..'IT sha) 1
transfer them to CITY upon request 'Without additional compensation.
CITY shall have the right to utilize any information and documents
prepared hereunder by CONSULTANT~ however, CITY shall indemnif.1'
CONSULTANT against any loss ~hich may be ca~sed to CONSULTANT by
such use and reuse.
SECTION 12 -nlTJ;;R~ST OF CONSULTANT;-CONSULTA..~T 1.1"r1:'.:...F;.P.I,:.~.-=
DENT OF CITY
In accept:':ng this Aqreement~ CONSULTANT covenants that it
presently has no interest, and shall not c:.cquire any interest,
direct or indirect, financial or otherwise. ~hich ~ould conflict in
any manner or degree vith the performance of the services here
under~ CONSULTANT further covenants that~ in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed. CONSULTAl"U certifies that no one .....,ho has or
will have any financial interest under this Agreement is an officer
or employee of CITY.
It is expressly agreed that in the performance of the
professional services required under tt.ds Agreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be con
sidered independent cor:tractors and n-ot agents or employees of
CITY. Notwithstanding the foregoing~ it is the express intention
of the parties hereto that CONSULTANT shall not perform as or be
considered a ""Consultant" within the meaning of the Political
Refonn Act (Title 9 of the California Government Code).
SECTION 13 -OUTSIDE CONS-ULT.ANTS
CONSULTANT shall be r-esponsible for employing all outside
consultants (subconsultants) necessary to aid CONSULTA..~T in the
performance of the services listed in Section 4 of this Agreement~
provided, however, that all such subconsultants sh~ll receive prior
approval of CITY in \ol"riting and shall remain acceptable to CITY
during the te~ of this Agreement.
SECTION 14 -INDEMNITY
CONSULTANT agree~ to indemnify, defend and hold harmless
CITY, its officers, agents and employees 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 I s., its officers' ~ agents', subcontractors I or
employees' negligent acts, errors, or omissions, or willful
misconduct, or conduct for ~hich the law imposes strict liability
on CONSULTANT in the performance or failure to perform this
Agreement.
7
o
SECTION lS -INSURANCE
15.1 LIABILITY INSURANC~
15.1.1 CON'SULTA..'i'i', at its sole cost and expense, shall
obtain and maintains in full force and effect throughout the entire
term of this Agreelr',ent, the insurance coverage described in Exhibit
83-, attached hereto, insuring not only CONSULTANT and its
subcontractors, if any, but also, with the exception of ... 'odc:.ers'
compensation and employer' 5 liability insurance, CITi', its
officers, agents and employees, and each of thern~ ~ith respect to
act ivities ar".d services performed by CONSULTANT tor or on behal f of
CITY ur.d~r the provisions of this Agreement.
15.1."2 Certificates of such insurance, preferablj' on
the fonns provided by CITY, shall be filed 'With CIT'l concurrently
with the execution of this Agreement or, ..... ith CITY 's approval~
within ten (10) vorking days thereafter. s~id certificates sh311
be subject to the approval Qf the CIT!'" Risk Manager and shall
contain an endorsement stating that said insurance is pr irnar:y
coverage and viII not be canceled or altered by the insurer except
after filing ~ith the City Clerk thirty (30) days' prior ~ritten
notice of such cancellation or alteration~ and that t:he City of
Palo A.lto is named as an additional insured (except in policies of
professional liability insurance). CUrrent certificates of such
insurance shall be kgpt on file at all times during the term of
this Agreement ~ith the city Clerk.
CONSULTANT~ by e~ecuting this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California ;.rhich require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance with the provisions Qf that Code, and certifies that
it will comply with such previsions before commencing the perform
ance of the work of this Agreement.
SECTION 17 -AGREEMENT BINDING
The ter1l1s. covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors,
admir.istrators~ assigns~ and subcontractors of both parties.
SECTION 18 -NONASSIGNABILITY
1B.1 PERSONAL SERVICES OF CONSULIhNT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transfer["ed~
assigned or sUbcontracted by CONSULTANT without the prior ~ritten
consent of CITY.
6
_.
-" /~
o
18.2 ~Vrcts OF SUBCONSULTANT AND THEIR EMPL9¥EES
CONSULTANT shall be responsible (or employing or engaging
all persons necessary to perform the ser~ices of CONSULTkNT here
under~ No $ubconsultant of CONSULTANT ~ill be recognized by CITY
as such; rather l all subconsultants are deemed to be employees of
CONSULTANT~ and it agrees to be responsible for their performance.
CONSULTANT shall give its ~er~enal attention to the fulfillment of
the provisions of this Agreement by all of its employees and sub
cons1.l1tants, i( any, and shall )ceep the ... erk under its control~ If
any employee or subconsulta!1t of CONSULTANT fails or reiuse::s to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly or improper manner., he or she
sh.all be discharged immediately from the .... ork under this Agreement
on demand of CITY •
..?_E~j'IO~LJJL_=_RELlhNCE UPQP PROFESSIONAL SKI! L OF
CONSULTANT
It is mutually understood and agreed by and betweEn the
parties hereto that CON"SULTANT is skilled i f'l the professional
calling necessary to perform the .... ork agreed to be done hereund~r
and that CrTY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perform the .... ork. The acceptance of CONSULTANT I S ltI'ork by CITY does
not operate as a release of CONSULTANT from said obligation.
SECTION 20 -WATVERS
The waiver by either party of any breach or violation of
any tenn, covenant, or condition of this Agreem.ent or of any
provision, ordinance, or law shall .not be deemed to be a "Waive'C of
any other te~~ covenant, condition, ordinance, or la~ or of any
subsequent breach or violation of the same or o( any other term,
covenant l conditi~n, ordinance l or law. The SUbsequent acceptance
by eithll!r party cf any (ee or other money ...... hich may becoJ:'le due
shall not be deelfted to be a waiver hereunder by the other party cf
any term, covenant, or condition of this Agreement or of allY
applicable law or ordinance.
No paymef'.t, partial payment, acceptance., .or partial
acceptance by CITY shall operate as a ~aiver on the part of CrTY of
any of its rights under this Agreement.
~CTION 2~_ -coSTS AND ATTORNEYS ' FEES
The prevail inq party in any action brought to enforce the
terms ot this Agreement or ariSing out of this Agreement D:ay
recover its reasonable costs and attorney fees expended in
connection ~ith such an action from the other party~
9
,-~
" o
SECTION l3 -NOND!SCRIMnl~~_rIOt!l _-PENALTY
23.1 DUTy OF CON~VLTAN'I
No discrimination shall be made in the employment of
pe~s7ns under this Agreement because of the race, c~lor, natio~al
orlg~n. ancestry, religion or sex of such person~ If the value of
this Agreement is, or may bel Five Tho'.Jsand Dollars ($5,000) or
more, CONSULTANT agrees to meet all requirements of the Palo Alto
Munir:ipal Code ;t:.ertaining to nondiscrimination in eroployment and to
complete and submit the "Compliance P.eport--Nondiscrimination
Provisions ot City of Palo Alto Contracts~ on the form furnished by
CITY as Exhibit "C n attached hereto and incorpor-ated herein by
reference.
CONSULTANT agrees that each agreement for services fro!r,
independent providers shall contain a provision substantially as
fo110"Ws:
·PROVIDER shall provide CONSULTA.. .... T ",-i th a
cert.i:ficate stating that he (or she) is currently in
compliance with all Federal and State of California laws
covering nondiscrimination in employment; that he {or
she) will pursue an affirmative course of action as
required by the Affirma.tive Action Guidelines -of the City
of Palo Alto; and that he (or she) Yill n-ot discriminate
in the employment of any pe!"sol1 under this contract.
because of r-ace. color t national origin, anr::estry, sex or
religiof'. of such person.·
23.2 PENALTY FOR DISCRIMINATION
I f CONSULTANT is found in violation of the nondiscrimina
tion provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive
order in the pertonnance of this Agreement, it shall thereby be
found in material breach of this Agreement4 ~hereupon, CITY shall
have the power to cancel or 5uspend this Agreementl in whole or in
part. or to deduct from the amount payable to CONSULTk~T the surn of
Twenty-five Dollars ($25) for each person for each calendar: day
during which 5uch person ~as discriminated against, as dama~es tor
said breach of contract. or both. Only a finding of the State of
California Fair Employment Practices commission or the equivalent
federal aqency or officer shall constitute evidence of a Violation
of contract under this secti~n.
If CONSULTA..~T is found in violation of the nondis
crimination provisions or this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement.
CONSULTANT shall be found in material breach of this Agree'j]lent~
Thereupon, CI'l'Y sholl have the power to cancel or suspend this
Agreement, in whole or in part. or to deduct from the amount
payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($25C)
for each calendar day during which CONSULTANT is found to have been
10
901112 t« OOJOl09
o
in such noncompliance as damages for said breach of contract, or
both.
SECTION 24 ARBITRATION
Upon agreement of the parties any controversy or claim
arisinq out of .or relating to this Agreement may be settled by
arbitration in a~co~dance ~ith the Rules of the American Arbitra
tion Association, and judgment upon the a'Ward rendered by the
Arbitrators may be entered in any court having jurisdiction
thereof.
All n~tices hereunG::eL" shall be givell in writing and
mailed, postage prepaid, by certified mail. add.:-essed as follc' .... s:
To CITY: Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94303
To CONTRAC'l'OR: Attent ion of the PROJECT DIRECTOR
at the ad:3ress of CONSULTAN~' recited above
All provisions of this Agree:rr.e:lt are expressly made
conditions.
~S,!,E~C::!T~I~O~N~o!2"7,----=---"A",G"R"E"E"M,,EN1'~QJ NTAIN S ALL UNDERS T A..'lD INGS ;
"'~NDMENT
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
neqoti~tior.s~ representations~ and agreements. either vritten or
oral.
This document may be amended only by \o'ri tten instrument,
signed by both CITY and CONSULTANT~
SECTION 28 -GOVERNING LAW
of
This Agreement shall be governed by the laws of the State
California.
,
901211 WI:: 0Ill0l.0¥
11
: .... .('-.'.
,-.':_ ............ .
IN WITNESS WHEREOF I the parties hereto have executed this
Agreement the -day and year first above wr itt~n..
ATTEST:
City Clerk
APPROVED AS T-o FORM:
Assistant City Attorney
APPROVED:
Assistant City Manager
Risk Manager
Fin~nce Director
APPROVED AS TO 9D~~ENT:
Director of Planning ,
Community Environment
Attacr..ments:
CITY OF PALO J..LTO
Mayor'---
BRAD(~D ASSOCIATES
By~.~k.L.L.t, O&:.ut.;f'!?;e--
I~~~/
f '
EXHIBIT BA-:.
E'Y."'rUBIT DB":.
EXHIBIT "e";
SCOPE OF SERVICES
INSURANCE
NONDISCRIMINATION CCMPLIANCE REPCRT
l2
./ -. :.,. .' '.':.
o
PALO ALTO MEDICAL FO"~ATIOH SPECIFIC PLAN
Scope of Work for tne Palo Alto Me~ical foundation Specific ptan final ErR
Task One: Project Initiation
Task One is the initiation phase of the Final £IR preparation, al1d includes
work scope refinements and subcontractor arrangements, inde~ing and review of
comments received on the Revised Draft ElR, consultant support in preparing
materials required by staff; and responses to questions and information
requests from staff, Planning Commission, and City Council. Brady and
Associates will propose I detail!d scope and ~ethodology for work to be
performed for City staff review. An indexed list of ~ritten and oral comments
on the Revised Draft EIR wi11 be submitted to staff. This list will contain
the following information: rlame and' address tlf cOlTl'llentor. date: of c.omment.
and issues addressed.
risk Two; Conduct ~f Additional Ana1yses Responses to Comment and ~L~~ration
of the Fin.l ElR
Task Tw~ incl~des perf~rmance of additional analyses proposed for incluslon in
the Final EfR. These additional analyses ~ill be ~~bmitted for staff review
and will include the fOllowing work items:
1. Assessment of impacts on the area nortn of Home"r Avenue. This
assessment will evaluate in more d~tail the impacts of the proposed
Spe<:ific Plan on t~,e blocks r!orth of Hom~r. Traffic impacts cf the
proposed plan will be eYiTuate~ for the P.M. peak traffic period for the
following three intefsections: Forest/Waverley. Forest/Bryant and
Forest/Ramona. TraffiC impacts of the three alternatives at ma}(imurn
level of development will also be evaluated.
2. Analvsis of No Pr,giect .A1terr.~.li..!.~ __ J_!!1JI~_~J_~. This analysis will include
the impact of construction of the additional 6S,nOO squa~e feet of
expansion space: in the downtown or neighboring area.
During this task responses to cO~m€nts will b€ prepared. Proposed responses
to comments on the Revised Draft EIR (review period comments ~eceived from tne
public, Planning COl1'lmlssicn, City Council, City staff, and oti'H!r interested
agencies) will b! prepared. Comments have been mad! regarding all sections cf
the Revlsed Draft EI~. Responses will be prepared tnat address each EfR
envirol1l!lEr'thl factor, as follows: land use and local poliC), housing.
ernplo:;ment. traffic, circulation a.nd parking, visual and design factors,
historic resources, public utilities and services, geotechnica.l factors.
bydrolog) a~d dra~nage, health and safety fac!ors. biological resources and
energy. Proposed responses wiil also be prepared for comments or. the
Scope/~z Page I of 4
o
Ilternat1ves section (Chapter XV), CEQA-required assessment conc'u~ions
(Chapter XVI), the project description (Chapter II), and the relationship of
t~e proposed Specific Plan to the City's Compreh€nsive Plan (Chapter I).
Responses ~1'1 be organized in the Final EIR document by commentors, and an
index to responses by subject ue.a wnl be provided. The HIR will include iI
list of persons and agencies to whom t~e DEIR ~as sent, a summary ~f comments
received, consultant responses to comments, and a collection of verbatim
ClIlilTlents.
Mitigation Monitoring Plan. Brady and Associates and subconsuitant Goodrich
Traffic Group ~;11 assist the City staff in preparation of a mitigation
monitoring plan to meet the requirements of .A.B 3180.
Scope/gz P'ge 2 of 4
Table A
PRELIMlHARY ESTIMATEO COSTS. PAMF SPECIFIC PLAN FINAL EIB. TASK ONE
p'engoc!ll L ~~ Qr ~QI.n::~
Sheila Brady, Principal 120
Mary Roberts, Senior Planner
Oiana Murrell 1 Assistant Planner 40
Graphics person 10
Public hearings:
Meetings:
5 hearin~s ~ 5760 each· 3,800
4 meetings' 5760 each· 3,04Q
Subcontra.ctor
Goodrich Traffic Gl~OUp
()fleet CO'5ts
1,500
Word processing 400
Copying 100
C~nications (delive~ies. te1ehpone) 350
1.I.e1 ....z.z..>
1,075
Total Estimated Cost. Task One
5cope/gz
Hourl ~ Rate~ TQUl 'g~:t
95 S 11,400
75
47 1,880
41 8~0
S 14 ,100
6,840
2,500
$ 24,515
Page 3 of 4
Tabl. a PRELIKlSA8y ESTI~ATED COSTS, PAMF SPECIFIC PLAN F1NAL ~_TASK TWO
Personnel labor 'Hours
Sheil a Brady, Principal
Mary Roberts~ Sen1n~ '~!~~er
Diana Murrell, Assistant Planner
Graph.ics person
PubliC hp.arings:
M€etings:
Subcontractor
3 h.arings P $760 each
4 meetings @ $760 each
Goodric~ Traffic Group
Direct Costs
Word processing
Reproduction (100 copi.s @ $17 each)
Copying
Communications [deliveries, telephone)
Travel
Total Estimated Cost. Task Two
xope/g'
240
30
150
10
1,280
3.040
3,CCO
5,400
500
350
~
9,475
Hourh R!ltes Total~
105
85
55
50
~ 15,100
<.550
14,300
1.000
S 43,050
5,000
9,475
$ 62,845
Page 4 of 4
•
:;) City of Palo Alto . """ITS
Insurance Requirements for coQaC:lors
C_O_N_T_"_I>CfO __ " _____ -------L----
I
-----·-----·-····-----------1
COtfT AACT CO·ORDINATOR
CONTRACT DESCRIPTION
GENERAL TERMS AND INSTRUCTIONS
CON~"IORS roTHE C!T'I' OF= P~LO ALTO. AT THEIR BOL~ eXPEi>JSf, SH.~LLOBTAIN ."NO MAlNTA:N INSlIRANCE FOR THE T~~'"
OF THE CQ.'IITRACT. COI<.ITRACTOFIS WILL Be FtEQU~RED TO PROVIDE A CE;:mFICATE E\lIDENClrJG THE INSURANCE AND N.tMING
THE CITY AS AN ADDITIONAL INSURED
THE CEfITIF~ OF INSURANCE MUST BE COll.IPLETE~ MJD EXEO.:TEJ SV .AJJ AUTHCRIZE0 REPRESEr~"!ATIVE OF THE COMPAN'I
PROVIDING INSURANCE, FILED WrTH THE CITY, .AND APPROVECl BY THE CI7Y"S HI5K '-!Ai'liAGER BEfORE THE COf'jTRA~ WI,-L
BE CO"'lSIOEREO COMPLETE AS RESPECTS tNSUFIANCE,
THiS !NSTRliCTION SHEET SHOULD BE GIVEN -.0 YOUR INSU~ANCE AG~NT .. SROKfR ',\liTH THE RfOJIRED CERTIFICATE FOi'1M
REnJRN THE COMPLETED CEFITIF~OJE TO THE CITY OF PALO ALTO CONTRACTiNG DEPAFlTME!'IlT
TliE INSURANCE COV£M.GES CHECKED BELOW ARE REOUIRED FOR THIS CONTRACT.
--
~ __ ~_~_~'5 co~~~ __________ ~ __________________ _
:gL ~~IEHSAVE GENoEIUoL. 1..1_811.," rNQ.J.JCHNG' ~ :lOCIL'" cx..~;~""
• PE~SONAl :N,;URV ' "'"-CP =-"n-:;"'~":"-G=
• 3RCAD ;:.oF1II. P~OP!:"U"\' ClA'-IAGE'
I
~l.t·t.~ac.::)..f!ct~(t£
1-. . '--'
• eL..A"KET CCIIITft4C'fIJ,o.L
.. FIR!: LEilA!. 1.1Jl1!1WT'!'
190C'L..,. rr..~t;:;"'!o :l'1C"£:;,:""·
f (lAM.o.GE COMS,'-E.:l .0<=t:t;t'Cl'J s/;{)C.'l;a'i} sooc.::;c, :,:,u.lt'-J
~~~--4~----~----~~~~~~~
.;oo~ ~
-----~
Si'C)OC~ ': ------~ .t __________ _
o COMPR£HEN'"'....NE AUTOMOI&ILE : geQ,1.\' !"'-Ju"y -EA''::'" ~.,;.s::,,\, ___ ". '.. . ..... .
LIA8IUT'P' ~G; I SCC·I\.Y'~L,;"'" f",./; ... ""~",,, .. -,,,~ _, :' "
L .. ,_:_r'_"_;_~_O __ o _____________ ":~:O~':~~:~:~=~,~~~,:~"':',~~·,!:"!,~',.~c~._,~,~"~. ~._~_=_ttj,_= __ :=== ~,':u",:.:';.} .... ,' . > .. \:.': [ ri C"U1.c.G..E" :CJ.151".£,,) __ _~ Ji!1 PAOFESSIOtt.L WAS_un INCWOING:
• £FlROF;S AND OM~SSION.s
,
: ",ll :JM.I,l.(i::S
• ~AL..P~.te:"ICE I~F' APFWC).BLE\
• 'N£-GIIGE~T P!:~FO~4NCe
o TIE ClT'P' or PAUl .UO • TO liSE I'tMIIEC &S _N ADaInOHAL. ~5UREO o NO INSU~m:E ~ RE:OUIA£C
A.. T~e CIt'J :It Palo Alto.. lIS oF.lCfI."'S. agents III"IC e-mpl~ ar@' "'ame~ a5 ;iCC ItICr':!' n! ~~~. ~l,.1 orol,.-as :0 'NOr~ ~'''ermed Ul1.~er co::lntrilct 5 ... ::1 ::::~'C'~e
115 III the C.tt ~ Pale Alto.. oMC., shall be pnmary ~rage_ '.,'hCu! tr'T-SE'I <lS11 rosa C :'!' ~ e~.s:·"'g: 'l'1s~rance iiIInc ary OI~'EH Insurance cameo Ci' :!'e C.:y
b@o"'g: ~$ IJ1sy~ce CI'1Iy,
B. Whef1I ttle oNOOc irwotves !iradin;, pOMng. excava1lng. dnnlng. ~ dIne-u~c:erliro\;r..c: "cr-"~. O':e poll-=-t 'r.c!uces CilS1rI"C'tIC'l trl III'lfes. i:"....,.~\;.!.:l.. il'r;:t:S. -a,.,s
Of otr!1!f 51fT!<iar prop11ft)' or any appa.'1I!U:5 11'1 CCf1nedlOn tt11!fl"W1'" ~Ie,,", 'ne !-Urla.:\!! ':;i Ine ~und w~eint"r OWN!C b)' :h,!"(j pames e'!he C,t'J Or ~'Q ..l,:IQ
C ~!tle ~ irrvotvn pcav.rng, wl"Pi4' COIo9r.lg.e os p«JII'':iI!'Cl .!"I the 3mi:l~"'lS dOc-.oe
0, T~ policy ~c'ud-e5 it "S\!!Ye~I[itt 01 ["'Ieres::·· prQV1Slor;
E. De<ludlbles 0"We!' SSlXXlllOO muSI be mcfrca!ed ar1c1.are ~J.!C'I :to apprc;raJ
F. If such po~C'i" ~ eance~ed Of d1~eo: d~mrn; It\oe perlQ(: at cc--Jtrr.qe ;u Slille'l ~ereln '1'1 $\.Ieh it maonnel' as ttl iiII~ lt1" Cerl:f~te. 1l"!IIt, ~3<:~ ~all"S
Wf~ru!n f'IIXlca ...,11 be m:lJ:ed II) r.. C~ at Pale AJttI. Al$k M3:'1ilser PC, Be)!; 1'J2::.o. Palo A~tc.. CaMomia ~:JO~
G. The ~aoriily ;n:Sllrance policy ind~:5 a eomraau;a\ ~ab<lity Mder$emll!'Ol ~""CI~ nSlJrilr'CI!' cao;era;e tof CQfllJilClOf'S agreemetll :Q 1/1~-i!'mnl'Y :I'o! C,l',
lot. T1\e coverage afforded Ilrod8'r Itoe po~coe:5 1:5 ~ 10 ill 'It'E ~~'TnS ol -:tie ~llc'~s -:ies'gndlr:od here,!,! and meers all 111e-proo.ISIOr:S uJIe-d fer rer!'"
..
~ -:..
.!i.'OUSI! "C"
AFFIRMATIVE ~CTION GU1DEL1NES
A. P~E-AWARD PHASE OF CONTRACT:
1. In addition to the CeTtificate of Nondiscrimin3tion
required to be filed under Section 2~3a.090 of the Palo Alto
~tunjcipal Code (hereinafter "PAMe"). the bidder shall complet-::!
a questionnaire furnished by the City setting forth the a£firrna~
t~v~ actions the bidder has t~ken or ~ill take to:
3. Recruit minorities in its location, for all levels of
jobs. .
b. Select methods assl1ring equal employment opportunity
for all per.3ons.
c. Establish a ·training program for ne~ hires where
necessary to assure ample opportunity for the le$s
qualified to more fully qualify.
d. Provide adequate opportunity for upgrading and further
training to assure equal opportunity in advancement
and promotion .
e. Provide counseling service fOT all who may need help
to advance. especially newel' employees ~
f. Edu~ate supervisors regarding nondiscrimination practices.
2. 10 addition to furnishing the completed questionnaire
c31icd for under 1. above, each bidder for a construction or ser
';iCE project within the City shall submit t.he follo,,"ing information
for himself and ~ubcontractors. This information shall constitute
the bidding contr3ctor's Minority Emplo)~ent Program {hereinafter
"HEP"j.
a. The estimated total number by job classification of
personnel ~ho shall be used by the cont.ractor a~d each
subcontractor in peTformance of the contract. These
numbers shall include the estimat.ed breakdown of
mlnoTltles to he used in each classification. To the
best extent possible the contractor shall estimate the
minority breakdQ~n by mont~ fOT the life fo the contract.
No estimate furnished under this subparagraph shall be
canstr'Jed or enforced as a hiring quota.
b. In preparing these estimates it is expected the bidder
.ill take. or agree to take~ these additional steps to
J$sure affirmative action in the fiel~ of minoTity
employment:
Sheet I of 3
(1)
llJ
(3)
(4 )
(Sj
{c)
!7}
(8)
o
Recruiting [or needed help in the local 3reas
inhabited by minority memb~rs; including open
advertising and use of vario~s established ptibllC
3nd private agencies. [List5 and advice furnished
I'y tbe P:llo Alto Human Relations CouncU lh·.:rein-
.1 ft C'T 1' .. \ll;~C}}.
lraini~g those less qualifieJ to assure ~J~4U.ltC
promotional opportunities for all.
Providing necessary ccunselin~ for upgrading,
including use of outside training faCilities in
this area. (Lists available from the P.-\iIRC)
As~i&ninE an Equal Employment Opportunity (E£O)
coordinator fulltime or as a~ditional duty and
assuring that all supervisors are a~4re of their
responsibilities and that unicn repTese~tativ~s
recognize their respcnsibilities in the equal
employment program.
Assuring that all subcontractors are in c01':",pliance
.. ith the federal 3nd Califcri:ia state 1 a ... 5 ar=d
regulations relatini to nondiscrimination.
~~ere the contract is a{ sufficient duration,
assuring development of apprenticeship programs
with union cooperation.
Upon request, furnishing the (ity a copy of the
latest Federal Form EEO-I. or equivalent farm.
PrOViding the name and address of all suppliers
.... hose supplies and/or equipment exceed 5 ~ of the
total supply cost for each contract and subcontract
for the performance of the contract.
c. Any bidder not submitting an MEP shall not be defined
as a "responsible bidder" and his bid sh:tl1 t-e dis
regarded in the manner now pr£scribed bt the City.
d. The City Manager will analyze the MEP submitted by each
bidding contractor ~ith the objecti~e of determining
if the program 5ubmitted by the contractor for himself
and his subcontractors presents a reasonable effort to
further minority employment.
e. If the City H:inager has questions about a particular
bidder's proposal. he may address such questions to
the bidder. The City Manager ~ill be available to
answer questions relative to the guidelines and to
advise these seeking assistance of resources kno~n to
him. He shall not be responsible for the service or
Sheet 2: of 3
·.~.
o
lack of service rendered by the resources reco~~ended,
nOT shall he be responsible f~r developing an M£P fOT
any biddeT t or to serve as a recruiter for any bidder.
f. Bidder5 sh~11 be allowed to revise their MEP after
consideration. [f bidders "'ithdraw their M:EP for
revision, their revised progtar·l must be resubmitted by
a date -..hich sha.ll be established by the City Ma.nager.
Bidders failing to have their revised MEP submitted
by the est~blished date shall not be classified as a
responsible bidder~
g. The City Manager, purs~ant to the guidelines, shall make
a decision as to the responsibility of each bidder.
£. AWARD PHASE 0, CONTRACT:
Upon award of the contract by the City, the recipient's MEP
which has been ~pproved and accepted by the City, shall be an
integral part of the contract and subject to Section 2.30.093.of
the PAMC4 Nc contractor shall be deemed in material bre.ach of
contract under PAMe Section 2.3D~093 ~hen he has made a rea5~nable
and substantial effort to co~ply with the MEP.
c. POST-AWARD PHASE OF CONTRACT:
l~ The contractor shall p~5t in conspicuous places, avail4
able to employees and applicants for employment, notices to be
provided. setting forth the law pTohibiting di5cTimination and
advising anyone ~ho feels be is being discriminated against to
advise the FEPC~
2. The contractor shall make written progress reports on
the performance of his MEP ~t intervals established by the City
~anager. The contractor, however, is encouraged to submit
~ritten reports as often and when he deems it relevant to his
MEP.
l. The City Manager shall monitor the performance of the
MEP until completion Q£ the contract and ~ill report to the
P.A.HR.C on the progress of the cont.ractor in living up to his MEP.
4. Any questions of possible breaching of MEP shall be
discussed wit.h the contractor by the City Manager.
R.eotwtion. '0. 4144 a~d IZ48
Palo Atto Hunieipa! Code 2.30.090
Ordi~a"ce 10. ~420
Sheet 3 of 3
•
ENAB!.! NG ORD! NANCE o
ORDINANCe: OF THE: COWCIL OF '.f}l]' CITY OF PALO "t(ro
AK£HPING THE PALO ALTO ~ti·NICIPJ~'!.. COD£. TO ),DD
PROVIS10NS REGMDING NONDZS.::tl!"'.INATION JF; THE" pER·
FORMANCE Or CITY C ':nRACTS
'!'he: Council of the City of pollIo ~lto "oes OROABI u follow.:
~~. That S~ction 2.)O.Q~; of the Palo Al~o Municipal
COd_ be .-ended to read as follows:
-2.30.090 LOWeSt re.pO~s~~le bJ~der. In additio~ to prLce,
1ft d.termin1~ the 'lowest re$po~8lbl~ bidder,' consideratLon
vill ~ qiven ~o quality &nd performance of ths supplies t~
be ~~~h •• ed or s~rvices provldc~ ~y the leller. Criteria
tor determinin9 low bid shall include. but not be l~,ited to
t.'1. followin9:
(1) ~e ability, capacity ~nd skill of the ~id~erl to
~rform the contract or pr.ovide ~he supplies or service.
Eeq'Ji.r-ed.
tI} The ability of the bid~er to prQvid~ the supplLe.
or ~~1e.~ promptly, Or wit~jn the time s~itied. without
d.l&y or Ln~erference.
13' The ch.racter. ir.tsSTity. reputation. j~d~nt~
experience and efficler.~y of the bidder.
(4) the quality of biaJer's performance on previous
pureha~e. or eo~tract. ~ith the city.
(5) The ability of the bidder to provide t~ture main
tenance:, z'ep-a.:lr parts and service.s for the '\lS8 of the .. ~pp11.11
pu:rchA5,ed.
(61 CUrrent c01'1pliar'lce by the bidcer 'Wl th federal act.
anQ executive order. Ind State of california s~atut •• gov~r~
i~ the .ubject or non~i&criminat!oD in .mrloymer.t~ provided
that th. city ~nager 5hall recoqniz8 &~ proof of noncompli.nce
onlf the final decision. and order. of those fed.r.l .nd
.~.t. a",encle. empo'Wered under the la .... to :!lake Iu.ch UI.4.i.nq-l.
(11 eer~ific.~ion by ~h. bidder that h. vill p~r~ue
an affirmative co~r.e of .c~ion ~, required by &!fi~tlY.
action quidelines provided hereinafter reasonably pertaln1n~
t4 the 'Work ot the CODtr~ct and to the r.at~~e and .L~e or hLI
work forc.~ to ensure t~_t applicants are souqht and ~~ployerl.
and that employee. are treated during employment, "'1.tt.out
reqar~ to their raeB; color, r.atl0nal ori~l~ or .nc~.try; cr
n1i9ion.
f.a) Under this section, speciflc qUld.Unel .... ~1l
be adopte-d b1 counCil resolution frotr. ti::n. to U.'TlI!.
i~entitYlnq the nature and scope of ·.!!l~&tfve action'
~esiT~d by the city.
-l -
o
tbl Such guieellnCS S!l 11 be mad~ ~vallable to
all p«'tSf)I\S deSlrlrlg to hid '." e~t.y busi~es5.·
SECTION 2. That Sec-don 2.30.0');' :)':! adceri to the Falo .ntO
MQnleip.l Code to %e~d &5 follows:
·'.30.0'91 Certifl.cilte: of nOI'Uh.:Hl ~fI'inatiot1. Each bidder
!hall enclose 'oIl.th filS bld II C'et't.~-flca,:e statl.ng -.--'net.her
he loS c\lrroe-ntly in coroplia,1'1Ce ... ·it~, all fedet"al tlnd St.ate of
Califorllll.oI i,a..,s coved:n:; nonc!iscr .~inatio!"; lrl. e~plcyment. and
that he i00i111 pur!.ue an ilff.lrrnati·:~ course of actior. iI~ fc<;uired
by af!irtllativl!' act.ion guidel.ines A'S se':. forth 1'-: Sect-lon
2+10.09~ lind resol~tions adopted ;~rSYdn~ thereto, and that
if .w4.!'ded the co~tr&r::t he ... i! 1 r.)t. 01 scrlminate u:. the ~
ployment of ~n1 ~c~on under th~ :ontract DeC'3Use of race,
colcr# national oriqul or ancestr,', nr r~llqlOr:, of 5\Jch
perlloD. and t.hat he ..,ill p.!.ttlcir ,I;e. if re'iUtlstp.d, 1-n pr'7-
.. Yard revi4l'" ot bL-S qual.ific.;ai;;l.Cr, '; ul'cer PT~ql.SI.Or.5 of thl.!
leet:ion~ 'The requiremer.ts of Uus sec::tior. shall .pply Cll'!ly
t.o eontracts in 4!.,<cess of tUfe t:,cusar.d dDllars for service"
or for a C~bl:nation ot s~rvices ard !upplies.
SECTION J. That Section 2.]{J.Oq .. ~ add-=d to o;he Palo "Ito
~nicipal Code to read as follows:
"2. )0.092 Penalties fat" dl.scri:l1 Tilltion in e:l1p_!OV1l\er.t.. Ar.y
':Otl't'tactor wti.55'fiiIT be found l..I'l -wrO.i.atlon of the nonrhs
cz-imir.i!.tlon provisions of t.he St,'te o~ Califor-ni'! Falr
Eaployment Fractices Act or si~i;at" provisior-.5 of federal
1 ..... Or executive order in the pet"!o:r;m.ar,ce. cf any contract.
with the city, thereby snaIl !>e :ound 1.1". l:Iateri~l 'lreach
of luch c;ontract and ther-e'J.pon the cit.y shall !"ave pO\oler
t.o ca.,cel or sus;H~:nd the ~ont".rac::':.. ~n wt'::lle or in part, or
to ~4Id~ct f~o~ the a~~nt payabl~ to such ~~~tra:~or t~e
sum of twe"ty-f~ve dollars rS2~.~ai for eac~ person !~r each
cal~ndar day dUt"l.ng lihic~ such p~r~or: .... as t:!iscr.l.mir,lIted
aqainst r A!: d,maqes fer said: brl;.3.ch of C'A,t"ract, or bot-h.
Or.ly • fiI'.dl:"ig of the Sti!'te oE C.lli!'orna.a Fair t:mplcyTIlent
Practices Ccmrr.is'!:'on or the e<:jui'rale:'1.t. Ecderill agency cr
officer sh.ll con5tit~te eVld~nc~ of a viola~Lcn of contract
,Jnder this se=t.tOll_ ~
SECTION 4. That Sect~on 2.30.«"') b~ adde~ to t;-.~ Pale. ).11:0
~nlcip.l Code t.o redd as fol!o .... s;
"2.JO.OSlJ Fenaltl(:s for V'lolati,on of i!;fl.t"rnat.t":fe action
;provision,. Any cont.ract.or ",ho :!IhalJ.--be fca.lnd 1;'1 the Clty
M&na9@~ to b@ ~n ~~olatio~ of hlS ag~eemer.t t~ pursu~ an
affirmative Cour~e of act lor: or i~ ~io14tion cf any provi5lon
of the a{fLrmatlve actio~ 9uideli~~5 pertsinlnq to hi~ con
t:rac:-t stoall be fou1"d in 1'f'.ateriel brea:::::~ of such contract and
thereUpOn t.M.e Ctty shall have poNer t.o c .. ncel or .suspend U·.e
contract, in whole ~r 1-n part. c·r t.o -.!eC!uct trom t!"l.e lllT\Ount
pa.yable to such contractor t.he su~ ot" t' ... o h\lndr-e~ fl.ft!
dolhrs 1$2!10. CO) tOI: ol'ac"'. cal~"dar d.ay a,..,ri'l-q .... hlcn the
C:o:Intractot: 15 four·d to ~.aY8 beer. lorl no,,::co!l'l.pl~ar_c-e-. &"5 dalll
aqes tor sald Lreac~ of contrac\.. or bot.,".~
-2 -
S~CTIOW 5. Th!a o~a!nance ahall b4CODe .tfect1v~ ~hirty
aaya t~ the ~at. cf it. pa.a&qe.
IMTROOl"C2'D: March is, 191'15
P.uSED: Aprllt,19b8
AYES: )..rnotd, Be-ahrl, Berow.Id, Clark, CO""lrtoc1c. Cooley, Diall, Gallagh",r.
P •. uscn, Spae-th. \If'heatley
None
APPROVED AS TO PORK~
~~.f f1':y Attorn.,.
-1 -
lOM?lI~~CE REPORT Non-Di$~rimination ~TQYi5ions of P~lo Alto Contracts
IMPOPTANT
rhi~ report must be ~0~pLetad b~ p~ime
contractor and eac~ ~~bco~tr~etor.
CompZete a!t ih'm4 1.j1:h~z ot~.el"lJi ••
ir:struet.ed. Use .e:tt:r::. £het!ts if
l1.ce.,al'".!t. SIJSMI'i' [1~:GIifAL CF Tars
REPORT DIREC~!1 TO:
Proj ~ct
Name of Firm, __________________ __
relephon" ___________________ ___
Ci rector of Purchasir"o'l SU'·!ices
Civic tenter -
250 Hami I ton Avenl.l~
Name of pcrs~n preparing form. or
person to contact.
Palo Alto. Califor~ja 34]JI Ext .. f
Ci rete One: Frime Contra.ctor Subcontra.ctor
--------------------------
Part Complete the followinl:
1. Full name ar:d adJr.e S 5 0 f fin
CIT other Tep'y;ting v .. i.it covered -
by t}\.i 5 rep::...--t_
2. Name a~d ~icir~~5 ~f ~rincip~I
official or m~nager.
3. Name and addres~ of prinCipal
office of c01Apar.y~ -
4. N~me and add:ess of parent
company if an affiliated --
corporation~
s. Name and address of prime
contractor (com;alete only it -.....
t~i5 is a subcontractor's
repoTt.
o
&. Siinature and title of author
i:ed representative.
x _____ _
Date~
rart II
1. Attach a statement of your company's policy 0;" equa( emp!:})'T'1er.t
opportunity to all persons ~ithout regard to race, ~reeJ, colDr~
national origin, or ancestry. and describe ~hat steps have been
taken to put this policy jeto eff~ct.
Part III Circle the proper ans~er
1o Yes No
Z. Yes No
,. Yes No
~ . Yes No
s~ Yes No
Have YGU informed company officials and representatives
regarding the non-discrimination provisions ~f City of
Palo Alto Contracts?
Have you examined your eompa~y~s practices regarding assign·
ments, layoffs or tran5fers of yo~r employees from one job
to another for evidence of a practice or employment patt~rr.
that might appear to be discriminatory and based upon race,
r~li&icn or national origin! Are they non-discriminator!?
Do yeu have educational or training program, sponsored cr
financed for the benefit of employees or prospective
employees!
'0 __ -
bo __ _
How many people partiFipate in these program~?
Ho~ many are minorities?
Does your help wanted advertising state that you are an
equal opportunity employer?
Are any apprentices obtained from sources outside the
employer·s 'Wort force'? If yes .. ·have you circulatc"i infC'r::~
ation about apprenticeship openinis or opportunities to
the following?
Yes No
Yes No
Yes No
Yes ~o
State Employment Offices
Newspapers or other me4i.
High Schools t including those in minority grOtl~
areas.
Local trade or vocational schools, lLcluding tho~c
with mino~ity group stu~ents.
6. Yes No
7. Yes No
8.
Part IV
1. Yes No
2. Yes No
Yes No
Yes No
o
Agen~ies and/or organization specializing in minority
e,ll.ployment ~
Federal OT State AppT~ntieeship representJtives.
Wbo~? ___________________________ ___
Ot he r.;;. _____________________ _
If yeu are a prime contractor, have all subcontractors
covered by these co~pliance inspection reports been instructed
as to their contractual obligations relating to the non
discrimination provisions of City of Palo Alto Contracts? Explain: ______________________________________________ _
Have all recruitment sources been advised that all qualified
applicants will receive consideration for emploY:Tlent ..... ithout
regard to rac~. color, creed or national origin?
Identify {names and addresses} the employment agencies.
personnel recruitment organizations, newspaper advertising
or other non-union sources from which the company recuits
its personnel.
Have you a collective bargaining: agreelnent loIith a la.bor union
or other organization?
If yes. speciiy the Union{s) or organization{s)
Have yeu advised the labor ~~ion and/or ~orker organizat-
ion of the company's responsibility undeT the non-discriminat
ion provisions of City cont.acts?
d
I
~, -_\
Yes No
5. Yes No
6.
<I
Approximately what percenta;;::e of you!" emplDyees CO .... l·T':U
by union agreements are TI,fC'rred by or hi reu th rOl;t:,h till'
ul'lions?
Explain procedur~ f~r hirins balance. ______________ __
-----------------------------------------
Does the company'~ col1~ctive bargaining a~Tec~eDt aT
other contract or under,tanding ~ith a labor union I~r
unions) or other worker's oTi,ani:z.ation include ;J pro, i:; i, n
for n.on-discrillinat ion in empl o)"ment?
Is there any labor union or ~ortei1s orrani:~tion pol tC)
lthlcb preyent.s ylW fram fulfilling your objj}:'a[io!"l~ unUf.:r
the non-discrimination provisions of City ccrtr~cts~ If so. specify. ____________________________________________ _
5pe~ify the trade(s} or craft(s) involved in thj~ ~ontr.lct.
I •
DATE' _____ _
RACtA.L MAKEUP OF R£?0UINC UNIT
N.~ of Flrmc-_________________________________________ Submltted by ______ __
Pro \l'C"t Na!M' ________________________________ _
Cont~act # ____________________ _ (indicate: only for ,",oathl,. repo:c, No.3)
( ) -L-Permanent I'Il.tIke\Jp of c.~~?aliy.
( ) .J. Nr'tnthty r·rport £0t" _______________ 197_ Submit once 'Per rooncM for dUUH 111.'1. of
3'" Monthly onty.
Be !;uC~ t..:! inc!llde ill employee.! in first column, not JU9t minorities. Nos. 1 and 2 be lew
&1'" required [03 n'l filled to and su.bcdtted w1tb."Cc'rnpliance Report.
rotal all A!oia'C .l.mer!.-tan : Spal'li.S'1
em 10'ces fc:m.ale SL~c.k Anerican lodian StH"nar:1(:c1 I
JO!l CAIECflRlr::S 1 2 ) 1 , J 1 2 ) 1 2 J 1 2 J I !---L..; -
M,nallement I
I ! I
Fr'Oft'ulol:'l;als I ! ; I I -
Cledcd~Office II I • i
Fleld sUDerviser-I 1 : ! i
Skil1~d ! I
, ! I -list I ! I I , .. ·1 ! .-
b. I ,
c. I I ! 1
Ii , --:
d.
g"skJ,lled I' I I I
I
I : -11:5 t I , ,
1 i I .. I 1
~. 1 i :
I ! <. I I
o. I ! l I I I ,
tOTAL OF ASOVE ! i
Th d p It, b 1 h 111 1 e ow s OUo • so bl! 1 d ; inc. u e h 1" t ~ .p~ro~ri.te e.te.o~ .. • b OVIE •
On Job I I I I i Training I
,
i
I. 'oJtlite Co It. r I i
b. Prr1rluction I i , : , J --'----------
Th\s repOrt mu~t be completed by ,ontractor 8~d each ,ubcontractor.
Tbe t~t"ln "Sfl.1n.ish Sut"naml!d" includes ,Ill persons of Mex!.c.n~ t'uert,:, Rican, Cuban, Latin
American or Spanisb or1&1n.
teporr ~n!, ~mp~nyee$ e~r~11erl ~n for~l on~the~job tr~in1ng ~rD8ra~.