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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~.