HomeMy WebLinkAbout0519.092THE HONORABLE eI'1"i COUNCIL
Palo Alto, california
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Roberta Enterprises, rnc" Kelly Serviqes, Inc., and l¥o11borg
Hlghglaon Personnel Services. Inc. -Award of Contracts: Tepporary
Employment Services
Members of the Council:
Attached for council approval are three contracts tor temporary
em.ploy:lllent services: covp..rinq a three-year period beginning December
1992.
Report in Brief
The City spends. approximately ~.l.200,<lOO to $1,500,000 annually for
temporary employment services, Such services are utilized ~here
agency emplo~ent is mOre cost effective and efficient than hiring
temporary employees directly onto the City payroll, For the past
three years, the City has had three agencies under a three-year
contract providing temporary employees to City departments on an
as-needed basis: Roberta Enterprises, Inc., Olsten Services a~d
¥elly Services. Th~se contracts will expire November 30. 1992.
This report recommends establishll1ent of successor contracts for
these services vi~ the tollowinq three agencies: Roberta
Enterprises, Inc~. ReIly Services, Inc. and Wollborg-Michelson
Personnel ServiGes, Inc.
Background
Fourteen ~ploymant agencies submitt~d proposals in response t~ the
City's RFP~ which wa$ sent to ninet.een local temporary services.
Of the fourteen agencies responding, five were unable to meet the
proposal requirements. Tbe re~aininq nine proposals ware reviewed
and evaluated and all nine agencies were individually interviewed.
Three aC]encies 'Were selected to be recommencIed. as primary providers
of temporary services for the City. The basis for the selection waa
as fcllc.-s:
1. Ability to provide requested services at reasonable and
competitive rates~
2. A fully staffed local office vith a minimum of two additional
Bay Area offices to provide baCK-Up services.
CMR: 519: 92
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). Available applicant pool.
4. Excellent reter~nce5 from major corporate users in the area.
The key cost ~a~tors in evaluating the proposals are the mark-up
rates for reqular, short-term temporary employees and for long-term
temporary employee. who are payroll serviced by the temporary
aqency~ Mark-up percentages for reqular temporary service rh~~ed
troll 271: to 46t~ Mark-up percentaqes tor p.ayroll service empicyees
rangPd trom 19t to 35',
Mark-up percentages for the three racolD!ended agencies are as
t'ollowl5:
Roberta's
Rally
Wollber9-Mi~helson
Reg~lAr service
2st
28%
2st
Payroll Servicing
21\
22l
23\
Services and expenses under the proposed contracts will be for II.
three-year period. No additional funding is required for these
contracts I as te~parary employment sarvicas are budgeted in
departm~ntal budgets each year~
Repommendation
Staff" recollllllends that Council authori~e the Mayor-to execute the
attached agreements with Roberta Enterprises, Kelly services and
Wollborg-Michelson.
Respectfully submitted,
L..s..L.<./';'-~u v v
LESLIE JENNIN:::;S JAY C. ROUNDS
Human Resources Representative Director of Human Resources
~Y-v.~/
FLEMING
Inte 1m City Manaqer
Attachments
CMR:519:92
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AG~!jll)(llLl:
liT A:Sll lIE'l'WIIIl TBl! eln OF PALO ALTO lIND
IlOlIDTA KN'1'EURISBS. nrc.
THIS AGREEMENT is made and entered into this day :;Jf
_~~~~ ___ ' 1992, by a.."'ld between the CITY OF PALO"""A.LTO, '3.
Im.Ulicipal corporation of California, hereinafter referred to as
·CITY,· and ROBERTA ENTERPRISES, INC. (TaxptJ.yer Idect:ification
Number '7-0098Q61). a california corporati~n, with offices at 485
R.aJncna. Screet. Palo Alto, California .:14.3 O!.. hereinafter referred to
as • CONTRA...~R· ;
• I T N E S SIT B:
WHBREAS, CITY desires to retair.. services to provide
temporary emplo~~nt services for CITY; and
WHEREAS. crTY desires to engage CONTRACTOR to provide
these services by reason of its qualificatioDs and experience for
performing such services, and CONTRACTOR ba.s offered to provide the
required services on th~ te~~ and in the manner set forth herein;
NOW, THEREFORE. in consideration of their mutual
covenants, tbe parties hereto agree as follows:
SECTION 1 -D~FINITIQNa
The term ·City· as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
~he City of Pale Alto~ California, as preae~tly existing, plus all
territory which may be added thereto during the term of this
Agreement by annexation or otherwise.
1.:2 City Manag~~
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo ~to, California r or his
designated z:epresentative.
1.3 City Att~
The term ·City Attorney· shall mean the duly appointed
City Attorney of the City C'·f Palo Alto, Cal ifornia, or his
designated representative.
1.4 .city Clerk
The term "City Clelk· shall mean the duly appointed City
Clerk of the City of Palo Alto. California, or her designated
representative~
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The term "Risk Manager':! shall maan the duly appointed
Risk :Manager of the Cicy of Palo Alto, Califcrnia, or his/her
deaigLated representative.
SECTION 2 PROJECT COORDINATION
2.1 ;;;lly
The City Manager shall be repref;.entati·le of CITY for all
purposes under this Agreement. JAY ROUNDS is designated as the
PROJECT MANAGSR for the City Manager, and he 9hall supervise the
progress and execution of this Agreement.
2.:2 Cgntractor
CONTRAc:!'OR shall assign a single PROJECT DIRECTOR ~o have
overall responsibility for the progress and execution ot this
Agreement for CONTRACTOR. ROBBRT lOOONE'i hereby 10 designated as
the PP..OJECT DIRBC'I'OR for CONTRACTOR.. Should circumstances or
conclitious subsequent to the ex.ecutior. at t.his Agreement. require a
substitute PROJECT DIRECTOR for any reason, the PROJECT DI¥~CTOR
designee shall be subject to the prior written approval of the
PROJECT MANAGER.
SECTIQN 3 -DtrrIBS OF CONTRACTOR
3.1 Services to be FUrnished
CONTRACTOR shall provide temporary employmeot
services as se~ forth below:
3.1.1 Upon request by PROJECT Mk~ER or
designee for temporary help, CONTRACTOR shall teet. interview,
evaluate, and screen all applicant to insure they meet the
requirements of the City of Palo Alto as specified by ehe using
department through the PROJECT MANAGER or his designee.
3.1.2 Within 30 minutes of a request fram the
PROJECT MANAGER or l'1.is designee, CON'!'R..kCTOR shall confirm the
availability of personnel on its lists to perform the requested
eervices~
3.1.3 CONTRACTOR shall provide a monthly u~age
report showing depart~ent total usage in hours and dollars spent
together with such additional information as req'.lired by the
PROJECT MANAGER or his designee in a for.mat which is pre· approved
by the PROJECT ~ER or his designee.
3.1.4 CONTRACTOR e:hall provide payroll servicing
to CITY when requested by PROJECT MANAGER or his designee.
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3.1.5 CONTRACTOR shall permit. CITY to tra.nsfer
provided by it to CITY's payroll &ft-.er thel' have
services for CITY for 30 ~orking day~.
3.1.6 CONTPACTOR ag~ees that any and all
temporary employees provided to CITY by COt..:"TRACTOR under this
agreeD'.ent, including but not limited to tr~ose provided under
payroll servici ... ng, shall be the employees of CON1'RACTOR and nct the
employees ot the City of Palo Alto.
3.2 [awa to be Observed
CONTRAcroR shall:
3.:2.1 Procure all. permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of tbe serv"ices t.o be
performed DY ~~NTRACTOR under ehis Agreement.
3.2.2 Keep itself fully informed of all existing
and future federal, state. and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or employed
under this agreement, any materials used in CONTRACTOR's pe~tor
mance under this agreement, or the conduct of the services under
this agreement.
3.2.3 At all times observe and comply with, and
ca'.Jse all of its subcoDtractors and employees, if any, to observe
and comply with. all of said laws~ ordinances, regulations, orders
and decrees meDtioned above.
3. 2 ~ 4: Immediately report t-o t:he PROJECT MANAGER
in writing any discrepancy or inconsistency it discovers in said
laws~ ordinanc~s, regulations, orders, and decrees mentioned above
in relation to any plans, drawing, specifications. or provisions of
this agreement.
3.3 Qual; fications ot.:. Cqntractor
CONTRACTOR represents that it is qualified to ftJn:ieh the
services described under this Agreement. As evidence t'hereof,
CONTRACTOR warrante that one or more members of employees of the
firm are licensed by the State of california and that the services
to be p~ovided under this Agreement will be performed by them or
under their supenrision.
SECTION 4 -CQM~SATION
For the full performance of the services described herein
by CONTRACTOR, CITY shall pay CONTRACTOR as follows:
4.1 For temporary emplcye.;s in tbe classifications
listed on Exhibit ·Ar at the rates specified for those positions on
Exhibit -A· a copy of which is attached hereto and incorporated
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herein by this reterence~ ~lese rates include a 28% mark up for
all classifications.
4.2 For positions not l:lsted on Exhibit ·A· at rates
mutually agreed by CONTRA~R aoe PROJECT MANAGER or his designee.
4.3 For payroll servicing. C'O~""TRACTOR shall be paid 21\
in excess of the hourly ~ate established by PROJECT MANAGER or his
designee.
4.4 Notwithetanding t.he foregoing; CITY shall not be
cnarged for the services o! any temporary employee. ~hen io the
opinion of the PROJECT ~~AGER or his designee the services of a
temporary employee have not been satisfactory. provided that the
CITY notifies CONTRACTOR that said services were unsatisfactory
within fiftee::l : 15) days from completion of the assignment.
·L5 Weekly itemized inv-oices for said services shall be
provided to CITY. These invoices shall haV!! information deemed
SUfficient by the PROJECT MANAGER. or his designee and shall be paid
wit.~n thirty 130) days of their receipt by CITY .
... ti All compensation payable her-eunder sha.ll be Elubject
to the appropriation of funds by CITY's Council for th~ app~icable
fiscal year during which such temporary employment services are to
be or arc rendered. In tbe event funds a~e not appropriated for
services to be rendered in any fiscal year during the te~ of this
Agreement, tbis Agreement shall be deemed terminated at the end of
the fiscal year for which funds are appropriated. No penalty shall
accrue to CITY in the event this Agreement :i,a terminated pursuant
to che provisions of this Section -4.6; and CITY shall net be lia.ble
for any future payments due or for any damages as a result of the
ter.mination of this Agreement pursuant hereto.
SBCTIQN 5 -TERM
This Agreement ahall conunence cm ~ecember 1 r 1992. and
ehall continue in full force and effect until November 30, 1995 or
until terminated as provided herein.
SBCI'ICN 6 -TEMPQp.ARY SUSPENSION
The City Manager shall have the authority to suspend this
Agreement; wholly or in part~ for s·.!ch period as be deems necessary
due to unfavorable conditio~9 or due to the failure on ~he part of
the CONTRACTOR to perform any pro-.rision of tbie Ag7eern.ent.
SECTION 7 . SUSPENSION; TERM1NATIQN
7.1 Right to Suspend Qr Terminate
The City Manager may suspend or terw~nat€ this agreement
for ~'Y re~son by giving ten (10) days' written notice to CONTRAC
'TOR. Upon receipt of such notice; CONTRACTOR shall inanediately
discontinue hie perf~r.mance under this Agreement~
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7.2 Payment-
upcn such suspension or termination , CONTRACTOR shall be
paid for all services actually rendered to CITY to the date of such
suspension or termination; provided, however/ if this agrep.ment is
suspended or te:rmi!lated for fa"(jlt of CONTRACTOR, CITY sha:':'l be
obligat.ea to compensate COll~CTOR only fl')r that 'portio!l of
CONTRACTOR's services which are of benefit to CI~.
SECTION e • INPE?END~:r JlJDGMWr
Failure of CITY t.o agree with COb.~CTOR' s in-:iependent
findings, conclusions) or recommendations, if the e,me are called
fer under this Agreement) on the basis of differe~ces in matters of
jud~~nt shall aot be construed as failure on the part of CONTRAC
TOR to meet the requirements of tnis Agreement~
SECTION 9 -bSSIGNM&N'I; SL~CQN"fRAC'roRS; EMPLQYEES.
9.1 Assignment:
Both parties shall give their personal attention to the
faithful performance of this Agreement and shall not: assign.
tra.nsfer, convey. ur otherwise dispose of this Agreement or any
right, title or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only
s:Jbject to such terms and conditions as the other party may
require. A eonsene to ODe assignment shall not be deemed to be a
consent to any subsequen,: assignments~ Any assigmnent without such
approval shall be void and, at the option of the other party, shall
terminate this Agl.~eeznent and any license or privilege granted
herein. This Agreement and any interest herein shall Dot be
assigllalJle by operation af law without the prior written consent of
the other party.
9.2 ~~tr~ctQr§: Emoloye~
CONTRACToR shall be responsible for employing or engaging
all persons necessal:Y to perfontl. the services of <...'ONTRAC!'CR
hereunder. No subcontractor of CO~~CTOR will be recognized by
CITY as such; rat.her. all subcontractors are deemed to be employees
of CONTRACTOR I and it agrees to be responsible for their perform
ance. CONTRACTOR s.hall give its personal attention t.o the
fulfillment of the provisions of this Agreement by all af its
employees and subcontractors, if any I and shall keep the work under
ita control_ I.f any employee 0::: subcontractor of CONTRACTOR fails
or refuses ~o carry out the provisions of this Agreement or appears
~o be incompetent or to act in a disorderly or improper manner, he
or she shall be discharged immediately, from the work under this
Agreement on demand of the PROJECT MANAGER.
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SECTION 10 -NQT~
All nctices hereunder shall be given in '""riting a::ld
mailed, ~~tage prepaid, by certified mail, addressed as follows:
Te CITY' Office of the City Clerk
P.O. Box 10250
Palo ~to, CA 94303
To CONTRACTOR: Attention of the PROuJBCT DIRECTOR
at the address of CONTRACTOR recited aOove
SiCTrON 11 ~ INTEREST OF COtITRACTOR
III accepting this Agreement. CONTRACTOR covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise. vhieh would conflict in
any manner or degree with the performance of the ser-"ices here·
under. CONTRACTOR further covenants that. in the perfo~c~ of
~hi8 Agreement, no subcontractor or person having such an interest
shall be employed. CONTRAcroR. certifies that no OIle who has or
will have any financial interest under this Agreement is an officer
or employee of CITY. It is expressly agreed that in th~ perform
ance of t.he professional services required under this Agreement
CONT2ACTOR, and any of i~8 Bubccnsul~ante or emp~cyeee, shall at
all times be considered indepeodent cont~actors and not agents or
employees of CITY.
SECTION +2 -AQDIT~
CONTRACTOR agreeB to penri.t CITY to audit, at any
reasonable time, CONTRACTOR'S records pertaining to matters covered
by Chis agreement.
SECTION 1"3 • INDEMNIT)"
CONTRACTOR agrees to indemnify, defend and h~ld harmless
CITY, its officers, ageDts and employees from any and all dp~ds,
claims, or liability of any nature, caused by or ariSing out of
CON':'RACTOR's, its officers'. agents' .. SUBCO~~RS' or employees'
negligent acts, errcra, or omissions, or willful misconduct, or
cond~ct for which the law imposes strict liability on CONTRACTOR in
the performance or failure to perform thiS Agreement.
SRCTION 14 -WORKERS' CONPENSAT!QN
CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the Stat-e of
california which require every employer to be insured againEit
liability for workers' compensation or to undertake self· insurance
in accordance with the provisions of tr~t Code, and certifies that
it will comply with such provisions before commencing th~ perforrrl·
ance of the work of this Agreement.
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SECTIOll 1S • INSURANCE
CONTRACTOR, at its sole cost and eX?ense, shall obtain
and maintain in full force and effect throughout the entire term of
this a9reeme~t the insurance coverage descl:ibed in Exhibit "C",
insuring not only CON'I'RACTOR, but. also (with che except-ion of
workers' compensation and employer's liability insurancel. CITY,
its officers, agents, and employees, and each of them with r~spect
to activities and services performed by COz.."TRAC'TOR for or on behalf
of CITY under the provisions of this agr~~~ent.
Certificates of such iD8urance, preferably on the fOl~
provided by CITY, shall be filed with CITY concurrently with the
execution Of this Agreement or, with CITY's approvaJ~ within ten
{lO) vorking days thereafter. Said certificates shall be subject
to the approval of the City Attorney and snaIl contain an endorse·
ment stating that said insurance is primary coverage and ~ill not
be cancelled or altered by the insurer except after filing with the
City Clerk thirty (30) days' written notice of euch cancellation or
alteration.. and that. the City of Palo Alto is named as an
additioIl.a,l insured (except on policiee of profeseioaal liability
insurance.} current certificates of such insurance shall be kept
OD file at all times during the term of chis Agreement with the
City Clerk.
~IQN 16 -AGREEMENT BINDING
The terms, covenants, and conditions ot this Agreement
ahall apply to, and shall bi~d. the heirs, successors .. executors,
administrators, assigns. and subcontractors of both parr.ies.
SBCTION 17 -WAIVERS
The waiver by either party of any breach Or violat,ion of
any term, covenant, or condition of this Agreement or of any
prOvision, ordinance, or law shall not be deemed to be a waiver of
any other term, covenant, condition, ordin~~ce. or law or of any
subsequent breach or violation of the same or of any other term,
covenant~ condition, ordinance, or law. The 8ubB~~jent acceptance
by either party of any fee or other money which may become due
hereunder by the other party of any term~ covenant, or condition of
this Agreement Qr of any applicable law or ordinance.
SECTION 18 -COSTS Arm A'rTORNEXS' FEES
Tne prevail ing party in any action brought to enforce the
terms of this Agreemenc or arising out of this Agreement may
recover its reasonable costs and attorney fees expended in
connection with such an action. from the other party.
SEerION 19 -NO IMPLIED WAIVER
No payment I partial payment, acceptance. or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of ita rights under this Agreement.
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SECTION 2Q -NONpISCRIMINATION: PgNN.tTY
20 • 1 QJITL.QF CONT2AC!Q&
No di9cri.m.ina~ioD shall be made in che employmen't of
persons under this Agreement because af the race, color. ns-tional
origin, ancestry, religion or sex of such person. If the value of
this Agreement is. or may be, Five Thousand Dollars ($5,000) or
more, CONTRACTOk agrees to met all requirements of the Palo ~to
Municipal Code pertaining to nondiscriminat:ion in I'!mployrnent. and to
complete and submit the "Compliance Report--Nondiscrimination
PrOVisions of City of Palo Alto Contracts-on the form furnished by
CITY as Exhibit iIIB-attached heret.o and incorporated herein by
referen:::e.
20.2 PRNALTY fOR DISCRIMINATION
'If CON'TR.ACTOR is found in violation of the noodiscriITdna
tion prOVisions of the State of california Fair Employment
Pra.ctices Act or similar provisions of federal law or executive
order in the performance of this Agreement, it shall thereby be
found in material breach of t.his Agreentent~ ThereuPOll~ C!TY e:hall
have the power to cancel or euspend this Agreement. in whole or in
pa.rt~ or to deduct from the amount payable to COtfI'RJ\C1'OR the sum of
Twenty-Five Dollars '$25' for each person for each calendar day
during ~hich such person was discr~nated against~ as damages for
said breach of contract~ or botb. Only a finding of the State of
california Fair Employment Practices Commission or the ~quivalent
federal agency or officer shall constitute evidence of a violation
Of contract under this section.
If CONTRACTOR is found in violation o~ the nondis
cr~nation provisions of this Agreement or the app1icable
affir.mative action guidelines pertaining to this Agreement,
CONTRACTOR shall be found i.e. material ta:ea.ch of this AgreeI!'_ent.
Thereupon~ CITY ghall have the power to cancel or suspend this
AgreelI!ent f in whole or in part, or co deduct from. the amount
payable to CONTRACTOR the sum of Two Hundred Fifty Dollars 1$250)
for each calendar day during which CO~CTOR is found to have been
in such noncompliance as damages for said breach of contract, or
both.
This document represents the entire aod integrated
agreement between CITY and CONTRACTOR and supersedes all prior
negotiations~ representations, and agreeIr:e:o.ts, either vritten or
oral~ This document may be amended only by written in6trument~
signed by bath. CITY and CONTRACTOR. All prOVisions of this
agreement are expressly made conditions_
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SRO'ION 22 -GOVERFING LAW
This Agreement shall be governed by the laws of the State
of Califoz:nia_
IN WITNESS WHERBOF, t.he parties hereto have execut.ed this
Agreement the day and y~ar first above writt.e::J.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Finance
Risk Manager
APPROVED AS TO CONTENT:
~nag-er. Purchas ing I
Contract Administration
Attachments:
CITY OF PALO ALTO
Mayor
Taxpayer Identification No.
77-009061
EXHIEIT wAI: Billing Rates
EXHIBIT wB~~ Non-Discrimination Compllance Report
EXHIBIT ~C·: Certificate of Insurance
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o "EXHIBIT A"
Robelta Enteq:.-ises
CITY OF PALO ALTO
ClERlCAl AND GENERAL L.\SOR
BIll RATE RANGES
The foilowi .... ~g is a listj~g of blll rate rang~ for City or Paia Alto based uron a 28%
mark-up and the job descriptions provided by City of Palo Nta.
lob 0 assific.1 tkh..~
Accounting Clerk I
Accounting Clerk II
Clerk T),pl$t
Secretary I Sl.aif A<;sistan t II
Secretary (Staff Assistant III
Word P~oce.5bing Operator
General Laborers
B ill Rate Ran&e
5 928 -S 960
S 960 -$]024
51056 -$1120
511 52 -SI2-80
Sn12 -514_08
51·1.';'0 -$15.36
S 8&4 -$ 9.60
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AFF!RMATIVE ACTION GUIDELINES
A. PRE·AWARD PHASE OF CONTRACT
L In addition to the Certificate of Nondiscrimination reouired to be filed under
Section 2.30.090 of the Palo Alto Municipal Cede Ihereinafter "PAMC"). the
bidder shari complete a Questionnaire furnished by the C:ty setting forth the
affrrmative actions the bidder has taken or wilJ take to:
8. Recruit minorities in its location fer all Jevels of jobs.
b. Seiect methods assuring eQua! employment opportunity for atl
pel'$Ons.
C. Establish a training program for new hires where nece.'lisary to aSSure
ample opportunity for tne less qualified to more fully qualify.
d. Provide ,adequate opportunity for upgrading and further training to
assure equal cpponunity in advancement and promotion.
e. Provide counselling servicI! for an who iT;ay need help to advance,
especially new emproyees.
f. Educate supervisors regarding nondiscriminatiOIi practices,
2. In addition to furnishing tne completed questionnaire called for under #1
above, each bidder fo;" a construction or service project wi1hin the City shaH
submit the following information for himself and subcontractors. This
information sha:1 constitute the biddi"'g contractor's Minority Employment
Program fhereinafter ·MEP"~.
a. The estimated total number by job classification of personne' who
shalf bt' used bV the contracto;" and each subcontractor in performance
of the contract. These numbers shall include the estjmated breakdown
by one month for the life of the contract. No estimate furnished under
this subparsgraph sha~r be construed or enforced as a hiring quota.
b. In preparing these estimates it is expected the bidder will take. or
agree to teke, these additional steps 10 assure affirmative actlon in the
fieid of minority employment.
(1) Recrui1ing for needed help In the local areas inhabiled by
minority members, including open advertising and use of various
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established public and private agencies. lLists and advice
furnished bV the Palo Alto Human Relations Council Ihereinafter
PAHRCIJ.
12/ Trair,ing t!lose less q~aHfied to assure adequate promotional
\)pportunitJes for aiL
(3) Providing necessalJo" counseling for upgrading, including use
of outside trainIng facjjiti&s in this area (Lists available from the
PAHRCI.
(41 Assigning en Equal Employment Opportunity (EECI coordinator
full time or as additional duty and assuring that all supervisors are
aware of their responsibfth:fes and that union representatives
recognize their responsibiflties in tne eQual employment program.
(5f Assuring that all subcontractors are in compliance with the
federal and California state laws and regulations relating to
nondiscrimination.
(6) Where the contract is ot sufticie:1t duration. assuring
development at apprenticeship programs with union cooperation.
(7) Upon request. turnishrng the City a COpy of the latest Federal
Form EEO-1. or equivalent form.
{8) Pro\liding the narne and address of all suppliers whose
supplies andlor eQuipment exceed S% ot the total supply cost for
each contract and subcontract for the performance ot the
contract.
c. Any bidder not submitting an MEP shall not be defined as a
·responsible bidder-and his bid shan be disregarded in the manner now
prescribed by the City.
d. The City Manager will analyze the MEP submined by each bidding
contractor with the objective of determining it the program submit1ed by
the contractor fo.-himself and his subcontractors presents a reasonable
effort to further minority employment.
e. If the City Manager has questjons about a particular bidder's
proposal. he may address such questions to the bidder. The City
Manager will be availabte to snswer Questions relative 0 the guidelines
and to advise those seeking assistance of resources known to him. He
shall r10t be responsible tor the service or lack ot service rendered bv the
resources recommended, nor shal: he be responsible for developing an
MEP for any bidder, or to serve IS a recruiter for any biddei.
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f. Bidders shall be allowed to revise their MEP after consideration. If
bidders withdraw their MEP for revision, their revised prcg(am must be
resubmitied by a date which shall be es!ablished by the City Manager.
Bidders failing to have their revised MEP submitted by the established
date shari not be cla5sified as a responsible bidder.
g. The Cfty Manaser, pursuant \0 the guideHnes, shall maKe a decision
8S to the responsibil'ity of each biQder.
B. AWARD PHASE OF CONTRACT:
upon' award of the contract by the City~ the recipient's MEP which has been
approved and accepted by the City shall be an in!egral part of the contract and subject
to Section 2.30.093 of the PAMC. No contractOf shall be d€emed in materiar breach
of contract under PAMC Section 2.30.093 when he has made B ~easonable and
substantial effon to compry with the MEP.
C. POST-AWARD PHASE OF CONTRACT:
,. The contractor shall post ir, conspicu(lus p~aces, available to employees and
applicants for employment. notices to be provided, setting forth the law prohibiting
discrimination and advising anyone who feels he is being discriminated a~ainst to
advise the FEPC.
2. The contractor shall make written progress reports on the performance of
his MEP at intervals established by the City Manager. The contractor .. however, is
encouraged to submrc written reports as often and when he deems it relevarit to his
MEP.
3. The City Manager shall monitor the performance of the MEP until
completiOn of the contract and wil! report to the PAHRC on the progress of the
contractor in living up to his MEP.
4. Any Questions of possible breaching of MEP sharr be discussed with the
contractor by the City Manager.
References
Resolutions No. 4144 and 4148
Palo Alto Municipal Code 2.30. 090
Ordinance No. 2420
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Sheet 3 of 3
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o UlWl.NANCE NO. o
ORDnu.~CE or 'ft{!: COUNCIL OF '!Hl ("ITY 01' .PJ..!,O AI.TO
JtJCDf'O:rN:G T1tE. PALO JUTO .toroNICIFAL CCDI: ~ ADD
PROVISIONS .JWaJmINc.; NOttOr.sCIUMIm'l"ION IN !'!I£ PEP.
FORMAN'CE OF CITY C'OH"rRAC1'S
~e Ooun:il o! the City of ~«lo Alto doe. ORD~IN as foll~~:
S~c!ION 1. That Section ~.J~.O~O ~f th~ Palo ~to Hunicipa!
Coce be _nd~d to =--6 as fcllo~u; ~
·2.30.~,O Lov.at responsible bid~er. I~ &~~it~on to pri~e.
~ 4.terai~~9 the 'iowe.t responsible bidder.' c~r.5id~rat1on
wi~l ~ 9iven to quality and perf~rmanee of t~e su~pllel tQ
be purchased 0% services prov~~ed by the •• lter. Criteria
for dete~nin9 low bid .~ll include, but not be limite~ to
the follr:owing:
{II ~he abilit}, ~.p&city and skill of th~ bidder, to
perform tb~ eontr.c~ or p~i~e the supplies or services
req\lired.
C1l 'Xl'le ability of the bidd.r to pro\'i.:l", the lu.:pplie,
or .arv~c~s ~rcmptly~ or wi~~in the time .peci~i~o. without
delay or i~te~ferenee.
(Jl ~he character, ~te~ity, reputation, ju4~nt.
expe.r ienee and atfi e.1ene:y of th~ bidd.r.
(') The quality of :bidder'., perforlU.r:o::::e Oil prl!\-icHU:
pur~hasea or con~.cts with ~he eity~
(5) The ability of the bi~c!l!r to pravid. f~ture -.in
te.'lance, rep ... .t.r P&,i:''<:.. &lid service. far the lUIe of the supplies
PQ::'ch4ised.
(6) Current ~plianc~ by the bic!¢~r with f~~r.l acts
.n~ ex~~~iy. orders and State of C&lifcrni& atatutps qovern
ing the I:~jeet of :nOI'!-::lilcl·irlL"'atiol:] in ellllp10)'""lr"!:nt, provicled
that the city -ana9~r $ha~l =eeo,nize .1 proof of noncompliance
only t~e final ~eeisions and ~rder. o! tbose federal and
stat~ aqencies ~powered under the l~w to Q4~e ~ch f11l~in~s.
(1} Certi~iCAtiQ~ by the biader that he vill pursue
&r:.ffi~ti~ ~our&e of aetion.~ required by affirMative
actio!"'. lJUidelitlel!! prQvideCi hereinafte= rIIasonably per~ainin~
to the werk of th~ co~tra~t and to th~ nature ~ne siz& cf ~is
work fo~e.. Ul ensure that applicsnts Ilr..:-sought .nl.'l e~ployen.
and U"ln': I::l1Iployees .re t:reat~d =";1;ring I!-rnplo)'lll"'''t., ,"';l.t.-:o"Ut
re9ar~ to their ra~e, color, ~.tion.l or~g~n ~r a~ee$try. or
relig;l.o'"l.
Cal q~d.r this ae:tion, specific ~~i~elin~s will
be aaop~ed by counci~ re~olution !r~ t~e t~ ti~e,
idl!"nti~~'ing ~he naLure and 5C"P"I= Df '.ffir1'!l4tive a~t:ion'
de~ired by the ~it1'
(bl Suen guidelL~e~ 5nal1 be ~de available tOo
all persons c!esirirlq to ~id o~ city b\ls.ir,es!>.-
SECTION 2. That Section 2.30.091 ~e ~dde~ to the Palo Alto
~unieipol Code to read as follo~s:
"'2.JO.;)91 Certifi::J.te of nO"l'l-:1i!>crill'ir ... tiol1. E:ael"l b:"dder
shall ene-lose wuF. h1S E~C'I a cert..l.=~t.-p. s-:.ating whether
he is: currently ill co:!:;pl.ill.',CE ",itn all federal anc Stat.e of
California laws covering-:noncHseriminatiotl in 1!"rn~~o.YT'".eTlt., and
that he will pursue an affirmative courSe of ection as req~ired
b~ a!ti~tive .otion quidelir.e$ a~ set forth in S~otlon
:2.30.Cl90 .nd re-solutions l!.~op'tP.e: pur~~ar.t. tl'.eret-o, and th.at
if .... ·&rtle-= the contract he · .. ·ill no";. c!.':'s.c:-ztm.inate HI tnt'" em
pl~YI!!ent of .. ny pe.t":§or: under the-contract becll:us~ c,! r.ee,
color. ~ation.el o::io;ir. or ancestry, or.rel.l.qion. of sur::h
person, and that :nil: ""l.l~ p.tIrtie1plI;te, 1f r ... queste=. il'. pre
a"l.'arC! rc ... ie ... · o! his qualificatjons under provision1. of t.!"I.i!!:
.eet.ion. The re-quire-~\el\t:' of this sectio!"". 5h.11 ap!,ly only
to eontxa:::otl: in excess of five thOU5<inc Cloll.ars for serviclf>s
or lor • cembinatiotl of ser ... ices a:,.d s~?pl~es.·
SECrIOfJ 3.
~iei~l Cod~ to reed a. follows:
~2.JO.~'2 ·Pen~l~~ •• for ~1scr~in&tion in eaployment. ~y
contracttor Who .. hif! be fO\,l.ll1! u. vioiation. ot the nonaIs
cr.ia1.n.atio!') 'pii,...d, .• ion. of ,the Stat. of ca.Hton,i& .... ir
zaplo~nt Pr~cti~ •• Act or li~t~ provilions of federal
l.~ or exeevtive o~lr in tbe pertorm&~C. of ~y contract
viL~ the city~ therlby shall be toun~ in. material breach
0: such contre.ct and thereupon the city .h.ll have ~r
tc e.aneel 0::-leI-pend tJ,e contr&;:t, in whole Or in part, or
to d~~uct fram ~e a.o~t pay&ble ~ .~ch contractor the
aum of tventy-!1?e dollars 'S2~.OOl for ea~~ perlon. for .acb
cal&n4~r day durinq which ~ch ~r.on wa~ dLscri=dna~d
a9a~.t. as d&e4qe~ for .aid breach of contract, or both.
Only a findini of tne State ~f california ~.ir £mployma!'lt
Practices ~ission or the equivalent fe~erel eqe!'ley o~
offie~r Ihall constitute eviden~e of & violatio~ of contract
nnder this section,-
SECTlON ~. That Section 2.3t.O~3 ~ .d~.d t~ the palo ~lto
Muft~~ip&l Cod~ te read as tollow~:
"'2.30.<)93 P;::f,!;:lt.ies for ?iOlat:ion 01' .ffintati .... aetion
prOVhior.s. My _contz:a=t.::Ir 'Wno shill he fOiU\(! EY the Col.t}'
Manager te be 1n violation of his .9r.~ent to ~rru. .~
affi~tive course of aetien or in viol.tioe af any provisior.
of the affi.l"IUItive &C'tion pir!lelines ;pert.ain1.nq te his eon
tr.et shall be foun~ in ~t:erial breach of aueh contract ana
thereupon the City Ihell h&ve po ..... r tc c:o!tn~el .:>r "uspen!! the
contract, in whole or in p&rt, or to deduct from the amount
pa~'llble tc such contractor the .cum of tv;) hU!'ldud fifty
dollars CS25C,QO) for each calan4ar 4a~ ~urinq which the
contractor 1.s fDUnd to lui"'e been 1':'1 nonc=plian('8~ as dlUft
_ie. fer •• 1~ breach of ~ntraet~ or both.·
S!C!ION 5. 'his o~ce shall beCCXHI 4!lffec-ti'ft thirty
d.y. from the 4at@ of it. ~sEage.
INTRODUCEO; Match 18, 19SB
PASS£D:
AYIS:
NO£St
April I, 196e
~rnold, J!.ellnrs, !oer'lll'llld, Ch.rio;, C(lmlltoc::lo:, COQ1ey, Dia.:II, Call"G:h",r,
?uTlon, Spa'!th, \\'"bc::atley
None
gtYAttorroe'E
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COMPLIANCE REPORT Non-Discrimination Provisions of Pelo Alto
Contracts
IMPORTANT
This report must be completed by prime
contractor and each subcontraClOr.
Complete all items unless otherwise
instructed. Use extra sheets if
necessary, SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
Dfrector of ~rchasing Services
Civic Ce mer
250 Hamilton Avenue
Palo Alto. CA 94301
Circle One: Prime Contractor
Part I Complete the Followi ng:
1. Full name and address of firm
Projac! -------
Name of Firm ______ _
.. fltx.d·7-.. ~,I,....r'1< ~ V \ -i.,'\L
[ )
Name of person preparing form,
person to contact.
"\
t,I.;" r'rn"~ Ext,I)'!"-<'-Icl
Subcontractor
or other reporting unit covered -->
by this report.
2. Name and address of principal
Qfficial or manager. --->
3. Name and address of principal
office ot company. _ .. >
4. Name and address of parent
company if an affiliated --->
corporation.
5. Name and address Of prime
contractor (complete only if
this is a subcontractor's
report.
6. Signature and title of
authorized representative.
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BY:
DATE:
/ c-t. ,.=.-=. .~
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Part II
1. Attach a statement of your company"s pcficy or. eQual employment
opportunf!y to aft persons without regard to race, creed, color, nationar
origin, or ancestry. and describe what steps tHve been taken to put this
policV Into eHect.
Part III
,/-------.....
e~NO
/'----."
/2. Y~$'No
'-.
No
~
Circle the Pro~r Answer.
Have you informed company officials and representatives re.Qardin~ the
oon-discrimination ,provisions of City of Palo Alto Contracts?
Have you examined your companY'$ pract'fces regarding asSignments,
layoHs or transfers of your employees from one job to another for
evidence of a practice or employment pattern that might appear to be
discriminatory and based upon race. religron or natiOnal origin? Are they
non-disc r i minatory?
Do you have educational or training programs sponsored or frnanced for
the benefit of employees or prospective employees.
B.~ How many peoPle.7pl~r1i~'l~~t:\n these programs?
. b.~ How mBny Bre minorrtres?
" . , ,i,~< .~ I(r~'+-"( .. )l\t,r· ._ \.','\.J... •• , ""-"."J.
Does your help wanted adyenising state that
opportunity employer?
5, Yes, 'No Are any apprentices ob1ained from sources outside the employer's work.
i,,-_ force? If yes, have you circulated information about apprenticeship
openings or opportunities to the following.
Ves No
Ves No
Ves No
Ve. No
Yes No
State Employment Offices
Newspapers or other media
High Schools, incfuding those in m;nO!'ity group areas.
Local trade or vocational schools, including those with
minority group students.
Agencies and/Of organizatj·on speciafizing 'n minority
emplovment.
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Part IV
1. Ves
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Ves No Federar or State apprenticeship representatives'.
Who?
Others ______________________________________ __
If you are a prime contractor have all subcontractors covoered by these
compliance inspection reports been instructed as to their contractual
obfigat'fons rejatj~lg to non-discriminetior. provisions ot Crt..,. of Palo Arto
Contracts?
Explain __ --'l.~ ''''A--'--__________________ _
Haye all recruitment sources been advised that all Qualified appJlcants
wiil race-ive consideratiOfl tor employment without regard' to race, colof~
creed or national origin?
ldentify (names and addresses) the Emplovment agencies, perr,onnel
recruitment organizations, newspaper advertising or othElr non-union
sources from Which the company recruits its personne!.
~\ Have you a collective barg~ining agreement with a labor union or other V organization?
Ii yes, specify the Union{sl or organization(sJ
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Have you advised tl1e labor union and/or worker organlLation of the
comp:anv', responsibility urider tne non-discrimination prGvisions of Ctty
contracts.
Approxrmate1v what perc:en~age at your empioyees covered by union
agreements are referred by or hj!ed through the unions?
Explain procedure for hiring balance. ____________ _
-,
4. Yes .(. ... 1~ Oo9s the compan~s cotlective bargaining agreement or other contract
V or understanding with a labor union (or unions) or other worker's
organization include 2 provision tor nQn-discrimination in emplovment?
5. Yes Q Is there any llbor union or worke .... organization poncy which prevents
you from futfilJing your obligatlons under the-IlOn-discrimination
provisions of City contrac!s? If so. spacify., __________ _
6. Yes No Specify the tradelsl or craft(s) involve<! in this contract.
I!
7. Use this spaee tor comment on any answer!; you have supplied.
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o o DATE:
RACIAL MAKEUP OF REPORTING UNIT
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Name of Firm3;':~ tilt" 01-4...-1',,-l(J :1.,,_; Submittad by __ ·".lo.!(:...1 =:...c!\:...,.-!;(_h~(;"'·L(-":"" "'.c,jl ... ____ _ ,
Project N8m·~, __ ..J.\j-k:;~ .. ~"'''+i:c,i:lJ.l!-''':J''_i'r=--c::,,--.,.c~1!..'-":.,,,-/~.lS=:6.~ _____________________ _
Contract I __________ flndicate only for monthly report. No.3)
Three types 01 breakdown ere reGuired. This form is used for all three. (Checki
() -1-Permanent makeup of company. () -2-Estimated makeup for this project.
( '-3-Monthly report for 19_. Submit once per month for duratron of project.
1 = Permanent. 2 = f.stimlt! for project. 3 = Monthly only.
Be sure to include Il!l amploVees in first column, not Just minorities, Nos, 1 and 2 below are required to be
filled in end submitted with Compliance Flepo.'"1:.
T R ,
m n
Pr ,
C!erjc:"r~Qffice
F' 1 .-vi
Stilted ~ list
Total an
ml at k , Asian
Am ri al1
, I
American
In
1
Spanish
'rn m
·----------~-+--r__+-4~--~~-+~--+_+_~_4~~+_~~-1
b·----------~_+~~~-+_+--4_+-~_+--+_r_~_+_4--r_+_+_1
c·------------t-~~r_-+--~t-~~~4__+--+_+__4--+_~_4--+_4_-1
d·----------~-+--r__+~-+--~4-_+_+--+_+_~_4~r_+_4_~-1
Unskii led -liSI
•. --------1
b·----------4-_+~~~-+_+---t--+-~_+--r_r_~_+_4--~+-+_1
c·-----------t-~~~-+--r-t-~~~4_-}--+_+__4--+_4__4--+_+_1
d·----------~_+~~_r-+_+--4-+-_r_+--~r_~_+_+--r_+_+_1
TOTAL OF AqQVE
ThiS fo!!port must be compJeted by contractor and each $ubcor1Uactor,
The term "'Spanish Surnamed" ~nc..ludes ell persons of Mexican, Puerto RIcan. Cubar., Latin AmeTlC8r. or
Spanish origifl.
Fl.eport onty emplovees enroiled in formal on-the-jo~ training programs.
·5·
...". .,-------=
Woodnl tr-5awyer &: CO.
220 Bush Slree! ,th Fl.... •
San FranQsco, CA 94104
CQMPANIES AFFORDING COVERAGE
CNAIV.alley Forge
X5 ~===c----------------------------------.---.' ~~s ...m ~~ ______ .. _______________________________ . ____________ __ CNAlCof'ltioental Casu.litly
Robert.a Ente!'prises Ine.
4&.C; RaIrfJna Street
Ca ii.fornia Camp .\': Fire
Pale Alto, CA ,.,301
................
I OAN~"'CilI'I'1')
9Z)OOO28019 02l0lJ9.:!
92)00094.502; 02/0L~.z
""'" --...,--
"" W:Z402845 04/0:!l92 -... .... """"'"
'liS T~l-'tttS: Coot ... C!
per (arm CG2/Jr)9 attached,
, •• "',u ••• , (mpbyees.
The City of Pato Alto, its
Officers, Agnts., " Empr oyees
AUn: Risk Manager
P.O. Box lClSC
Palo Alto, CA '4303
O:!.l(JlI9:3
! COMBINrn S.-.Q.E
: LJloj!T
OZi01l9j
'R.QO!l."'IoIJ~ ,,....-
IOOIlI' foI,J'.:M' --IpqQPE,"",~
04/01193
...,.
I • 1.000,000
j
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BY AHD I>BnlUIl TI!li CITY OF PALO ALl'C AHD = Y '1'II>tPOIlARY SUVI ex
THIS AGREEMENT is made and entered into this __ day of
~ 1992, by and bet.ween th;;! CITY OF PALO ALTO, a
~mun~~i-c~i~pa~l~~c~o~rp=oration of California, hereinaft.er ~eferred to as
"'CITY~· and KELLY TEMPORARY SERVICE (Taxpayer Identification Number
3S-151D7621. i?l california corporation, with offices at 2470 El
Camino Real, Suite 102, Palo ~to. California 94306, hereinafter
refezred to as ~CONTRACTOR·;
• IT. B S SIT B:
WHBR.EAS~ CITY desires to retain services to provide
temporary employment services for CITY; and
WHEREAS. CITY desires to engage CONTRACTOR to provide
these services by reason of its qualifications and experience for
performing such services, and CONTRACTOR has offered to provide the
required services on the terms and in the manner set forth herein;
NOW~ THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
~.ION ~ -DEFINITIONS
The term 'City' as used in this Agreement sh~ll mean and
include all the te~ritory lyiog within the municipal boundaries of
the City of Palo Alto, California, as presently existing. plus all
territory whi<:r~ may be added thereto during the terlrL of this
Agreement by annexation or otherwise.
1.2 City Manage~
The term 'City Ma.nager:'l shall mean the duly appointed
City Manager of the City of Palo ~to, California, or his
desigT~tad representative.
1.3 City Atto~y
The term 'City Attorney' shall mean the duly appointed
City Attorney of the Cit.y of Palo Alto, California, or his
desigDdted representative.
1.4 City Clerk
The tezrn WCity Clerk' shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or her designated
representative.
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1.5 Risk Manage;
The term -.Risk Ma..'"lagerl! shall ;nean tf1.e duly appointee.
:Risk Manager of the City of Palo A1 to, California, or his/her
designated representative.
2.1 ~
The City Manager shall be representative of CITY for all
pu~ses under this Agreement. JAY ROUNDS is designated as the
PROJECT ~ER for the City Manager, and he shall supervise the
progress and execution of this Agreem~ot.
:2.2 Contractor
CONTRACTOR. bhall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this
Agree:oent for CONTRA..'"l'OR. GINNY PIAZZA he<EJ>y is designated as the
PROuTBCT DIRECTOR for CONTRACTOR. Should circumstances or condi
tions Bllbsequent to' tt.e execution of trois Agreement require a
substitute PR~TBCT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall :be subj eet to the prior writt:en approval of the
PROJECT MANAGER.
SECTION 3 -trtJTIES OF CQ~
3.1 ~iceB to be Furnished
CONTRACl'OR shall provide temporary employment
services as set forth below:
3.1.1 Upon request by PROJECT MANAGER or
designee for temporary help, CONTRACTOR shall test; interview,
evaluate. and screen all applicant to insure they meet the
requirements of the City of Palo Alto as specified by the using
department through the PROJECT MANAGER or his designee.
3.1.2 Within 30 minutes of a request from the
PRQJEC'1' MANAGER or his deSignee; CON'rRAC'TOR shall confirm th~
a~~ilability of personnel on its lists to perform the requested
services.
3.1.3 CONTRACTOR shall provide a monthly usage
report showing department total usage in hour~ and dollars spent
together with such additional information as required by the
PROJECT MANAGER or his designee in a format which is pre-approved
by the PROJBCT MANAGER or his designee.
3.1.4 CONTRACTOR shall provide payroll servicing
to CITY when requested by PROJECT MANAGER or his designee.
2
9'Z11J7 bok 0070219
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employees
performed
o
3.1.5 CONTRACTOR shall permit CITY to transfer
provided by it to CITY'S payroll after they have
services for CIT¥ for tnirty (30) working days.
.3.~.6 CONTRACTOR agrees that any and all
te.mpcrary employees provided to eXIT by CONTRAC'!'OR under this
agreement, including but not limited co chos€ provid~d under
payzoll servicing, shall be the empluyees of CO~""TRACTOR a..,d not the
employees of the City of Palo Alto.
3~2 Laws to be Observed
CON'IRACTOR. sr.all:
.3 .2.1 Procure all pe:T:":l'.its and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of t~e services to be
performed by CONTRACTOR under this Agreement .
.3.2.2 Keep itself fully informed of all existing
and future federal. state, and local laws, ordinances. r£gulatioDs,
orders, and ~ecrees which :nay affect those engaged 01.-employed
under this agreement. any matarials used in CONTPACTOR's perfor
mance under this agreement, or the CODouct of the services under
this agreement.
3 _ 2.3 At all times observe and comply with, a."ld
cause all of its subcontractors and employees, if any~ to observe
and comply with, all of said laws. ordinances, regulations. orders
and decrees mentioned above.
3.2_4 L'mlediately report to the PROJECT MANAGER
in writing any discrepancy or inconsistency it discovers in sai.d
laws, ordinances, regulations, orders, and decrees mentioned above
in rela~ion to any plans, drawing, specifications, or provisions cf
this agreement.
3.3 Qualifications af Cqntra~
CONTRACTOR represents that it is qualified tD furnish the
services d~scribed under this Agreement. As evidence thereof.
CONTRACTOR warrants that one or more ~embers of employees of the
firm are licensed by ~he Sta~e of California and that the servic~s
to be provided under this Agre~ent will be performed by them or
under their supervision.
~ION 4 -COMPENSATION
For thE' full performance af the services described herein
by CONTRACTOR, CITY shall paj" CONTRACTOR as follaws:
4.~ For temporary emplayees in the classifications
listed OD exhibit WAW at the rates specified for those positions on
EXhibit ·A·~ a copy of which is attached nereto and incorporated
herein by this reference_ These rates include a 28\ mark up.
1
-4.2 Por positions not listed on Exhibit ·A· at rates
mutually agre~d by CONTRACTOR and PROJECT MA.'lAGER or his designee.
4.3 For payroll serviciog l OJNTRACTOR shall be paid 22\
in excess of the hourly rate established by PROJECT MANAGER or his
deeignee.
4:.4 Notwiths!.andiog the foregoing, CITY shall not be
charged far the services of any temporary employee, when in the
opinion of the PROJE~ MANAGBR or his designee the services of a
temporary employee have not been satisfactory. provided that the
CITY notifies CONTRACTOR that said servicEs ware unsatisfactory
within fifteen (15} days from completion of the assignment.
4.5 Weekly it~~zed invoices for said services shall be
provided to CITY ~ These invoicES shall have information deemed
eufficient by the PROJECT MANAGER or his designee and shall be paid
within thirty (30) days of their receipt by CITY.
4.6 All compensation payable hereunder shall be subject
to che appropriation of funds by CITY~s Council for the applicaDl~
fiscal year during vhich such teMPOrary eu~loyment services are to
be or are rendered. In the event funds are net appropriated for
services to be rendered in any fiscal year during the ter.m of this
Agreement, this Agreement shall be deemed terminated at the end of
the fiscal year for which funds are a.ppropriated. No penalty shall
accrue to CITY in the event this Agreement is ten'l'linated pursuant
to the provisions of this Section 4.6, and CITY shall not be liable
for any future payw~nts due or for any aagages as a result of tbe
~ermination of this Agreement pursuant hereto.
SBcrION 5 -TERM
This Agreement shall commence on December 1, 1992; and
shall continue in full force and effect until November 30, ~395 or
until terminated as provided herein.
S E crroN fi -TEMPORARY SUS PENS ION
The City Manager shall have the authority to suspend c.his
Agreement, ~holly or in part, for such period as he de~s neces6ary
due co unfavorable conditions or due to the failure on the par~ of
the CONTRACTOR to perform any provision of this Agreement.
SECTION 7 _~ SUSPSNSION· TERM1NATIQN
7.1 Right to Suspend Or Terminate
The City Manager may suspend or terminate this agreement
for any reason by giving ten (~O) days' written notice to CONTRAC
TOR. Upon receipt of Buch notice, CONTRACT-Ok shall immediately
di~continue hie performance under this agreement.
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Upon such suspension or termination, COf.."1'RACTOR sr.all be
paid for all B~rvices a~tually rendered to CITY to the date of 6uch
suepension or ter.minaticn; provided, however, if this agreement is
suspended or terminated for fault of CONTP...AC70R , CITY shall be
obligated to compensate CON'l1tACTOR only for that. portion of
CONTP~CTOR's services which are of benefit to CITY.
SECTION S -INDEPENDENT Jl~"IT
Failure of CITY to agree with CONTRACTOR's independent
findings, conclusions, or recommendations, if the 9~e are called
for under this AgreE:JneDt, on the baSiB of aifferences in matters of
judgment shall Dot be construed as failure aD the part of CONTRAC
TOR to meet the requirements of this Agreement.
SECTION 9 -ASSIGNMZNT; SUBCONTPACTQRS; EMPLOYEES.
9.:1. Nis:lgnment
Both parties shall give their personal attention to the
faithf'!.!l performance of this Agreement and. shall Dot assign.
transfer, convey, or otherwise dl~pose of this Agreement or any
right, title or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only
subject to such terms and conditions as the other party may
require. A consent to one assignment shall not be deemed to be a
cons.ent: to any subsequent assignmentfL Any assig.ament without such
appl'oval shall be veid and, at the option of the other party, shall
terminate this Agreement and any license or privilege granted
herein. This Agreement and any interest herein shall not be
assi~le by operation of law without the prior written consent of
the other party.
9.2 ~~tractors; Employees
COr..'TRACTOR shall be responsibl-e for ~loying or engaging
all persons necessary to perform the serV'lces of CON'I'RACI'OR
hereunder. No s~contractor of CONTRACTOR will be recognized by
CITY as Euch; rather r all subcontractors ara deemed to be ~~loyees
of CONTRACTOR, and it agrees to be responsible for their perform
ance. CONTRACTOR shall give its personal attention to the
fulfillment. of the provisions of this Agreement by all of its
employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of CONTRACTOR fails
or refuses 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 shall be discr..arged imt'r.ediately from. the '.u.t:"k under this
Agreement on demand of the PROJECT MANAGER.
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SECTION 10 • NOTICES
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail. addressed as follows:
To CITY: Office of the City Clerk
P.O. Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the PROJECT DIRECTOR
at the address of CONTRACI'OR reei ted above
SHCTlOR 11 -INTERBST OF CONTRACTOR
In accepting this Agreement, CONTRACTOR coven&:lts that it
presently has no int.erest, and ~hall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the eervicea here
under. CONTRACTOR further covenants that, in the performance of
this Agreement# no subcontractor or person having such an interest
shall be employed. CONTRACTOR certifies that no one who has or
wi~l have any financial interest under this Agreement is an officer
~r employee of CITY. It is expressly agreed that in the perform
ance of the professional services required under this Agreement
CON"I'RACTOR, and any of ita Bubconsultants or employees. shall at
all times be considered independent contractors and not agents or
employees of CITY.
SECTION 12 -ApI) ITS
CONTRACI'OR agrees to permit C!TY to audit. at any
reaSonal::lle time, CONTRAcrQR'e records pe:::'taining to matters covered
by this agreement.
SECTION B • INllEM!!!TY
OON11L~CTOR agrees ~o indenL~ify, defend and hold harmless
CITY, its officers, agents and employees from any and all demands,
c~aime, or liability of any nature. caused by or arising out of
CON'I'R.Jl.C"!'OR· s, its officers'. agents ~ • SUBCONTRACTORS' or employees'
negligent acts, errors, or omissions. or willful misconduct, or
conduct for 'Which the law i~ses strict liability on CONTRACTOR in
the performance or failure to perform this Agreement.
SEctION 14 -WORKERS' COMPENSATION
CONTRACTOR, by executing this Agreement. certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liabili~y for workers' compensation or to undertake self-insurance
in accordance with the provision~ of that Code, and certifies that
it will comply with such provisions before commenCing the perform
ance ot the work of this Agreement.
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SBCTION 15 -INSURANCE
CONTRACTOR, at its sole cost and expense; shall obtain
and maintain in full force and effect throughout the entire term of
this agreement the insurance coverage described in Exhibit "e·.
insuring riot only CONTRACTOR, but also (with the exception of
workers' compensation and employer's liability insurance), CITY.
its officers, agents, and employ~es, and each of them with respect
to activities and se~~ices performed by CONTRACTOR for or on behalf
of CITY under the provisioDs of this Agreement.
Certificates of such inSUra!lCe, preferably .on the fonts
provided by CITY, shall be filed with CITY concurrently with the
executioD of this Agreement or, vith CITY's approval, within ten
{~Ol working days thereafter_ Said certificates shall be subject
to the approval of the City Attorney and shall contain an endorse
ment stating that said insurance is primary coverage and yill not
be cancelled or altered by the insurer except after filing with the
City Clerk thirty (30) days' written notice of such cancellation or
alteration. and that the City of Palo Alto is named as an
additional insured {except on policies of professional lic~ility
insurance.} Current certificates of such insurance shall be ke~~
on file at all times during the term of this Agreement with the
City Clerk.
SECTION 16 -AGREEMENT BINDING
The terms, covenants, and co~ditions of this Agreement
ehall apply to, and shall bind, the heir9~ succeS60rs~ executOl:B,
aaministra~or9, assigns. and subcontractors of both parties.
Sl!CI ION 17 -WAIYBRS
The wai~er by either party of any breach or violation of
any term, COVe£!nant, or ccndition of trais Agreement or of any
provision, ordinance, Clr law shall ~ot be dee."'r,ed to be a waiver of
any other term, covenant. condition, ordinance, or law or of anv
subsequer.t breach or violation of the same or of any other term:
covenant, condition. ordinance. or laww The £Iubsequent acceptance
by ei ther party of any fee or other money which way become due
herf3,u..nder by the other party of any tenn. covenant, or condition of
this Agreement or of any applicable law or ordinance~
SECTION 18 -COSTS Mm....A'fl'ORNEY$ ~ FEE'S
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover its reason~le costs and attorney fees expended in
connection with such an action fr~ the other party_
SECTION 19 ~ NO IMPLIED WAIVER
NO payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
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SEerION 2Q -NONDISCRIMINATION· PENALTY
~O.l mux OF CONTPAC'I'QR
No discrimination shall be made in the employment of
persona un6er thi9 Agreement because of the race 3 color; national
origin I ancestry. religion or sex of such person. It toe value of
this Agreement is. or ma.y be, Five Thousand Dollars ($5,000) or
more, CO~~CTOR agrees to met all requirements of the Palo ~tc
Municipal Code pertaining to noudiscrimination in employment and to
complete and submit the ·Complia.nce Report.~ -Nondiscriminat.ioD
Provisicns of Cit.y cf Palo Alto Contracts~ on the form furnished by
CITY as Exhibit. I!:B· attached hereto and incorporated hereii:l: by
refer~nce.
20.2 P&NAUrY FOR DISCRIMINATION
If CONTRACTOR is fOWld in violation of the nondiscrimina
tion prOVisions of the State of california Fair Employme~t
Practices Act or similar provisions of federal law or executive
order in the performance of t.his: Agreement, it shall thereby be
found in material breach of this Agreement. Thereupon, CITY sha~l
have the power to cancel or suspend this Agreement; in whole or in
part~ or to deduct from the amount payable to CONTRAC1'OR tt,e sum of
Twenty·Pive Dollars ($25) fer each person for each calendar day
du.ring vhir:h such person was discriminated against, as damages for
said breach of contract~ or both. only a finding of the State of
california Fair Employment Practices Commission or the equivalent
federal agency or office4 shall constitute evidence of a violation
of contract under this section.
If CONTRACTOR is found in violation of the nondis
crimination prOVisions of this Agreement or the applicable
affir.mative action guidelices pertaining to this Agreement.
CONTRACTOR shall be found in material brE'lach of this Agreement.
Thereupon, CITY shall have the power to cancel or S"..lspend this
Agreement; in whole or in part, or to deduct from the amOUIlt'.
payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250J
for each calendar day curing which CON'I'RAC'I'OR is found to have been
in such noncompliance as damages for said breach of contract, or
both.
SECTION 21 -AGURMRNI CONTAIJlS ALL
!JNI)ER$TANDING~AMENDMENT
This document represen~B the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior
negotiations. representations, and agreements. either written or
oral. This document may be amended only by written instrument.
signed by both CITY a.nd CONTRACTOR. All provision& of this
agreement a~e expressly made conditions.
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~ON 22 -GOVElW.ING LAW
This Agreement shall be gove~ed by the laws of the State
of California.
IN WTTNESS WHERBOF. the parties hereto have executed this
Agreement the day and yeaz' first above written.
CITY OF PALO ALTO
City Clerk:
lU'PROVED AS TO FORM,
Senior Asst. City Attorney
APPROVED: !<ELL?
By:
Assistant City Manager
Its:
Director of Finance Taxpayer Identification No.
3a-151Q76~ ________ __
~R~i-B~k~Ma--n-.-ger-----------------
APPROVED AS TO CONTENT:
Manager~ Purchasing/Contract
Administ.ration
At!:achments:
EXHIBIT ·A-: Billing Rates
92J 117 t>d.c 007'Il2t9
BXHIBIT ·B~: Non-Discrimination Compliance R~port
EXHIBIT ·e·: Certificate of Insurance
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KEllY CITY OF PALO ALTO
CLERICAL AND GENERAL LABOR
JOB DESCRIPTIONS
Accounting Clerk I
A= pay<JOl6lreceivabl.... poyrol furlcfioru. Dllect
$UpSN!<i0fl.
Accounting C1efY. ~
AI Of the above. plus bank reconcllcliofls MlnrooI
superniort
C1efY. Typist
Good Iyping ..., (so. wpm). leTt..". r..emos. i[)tlr rilill(l.
Direct JupeMsjor1.
Secretory IStOff As.istont IT
Modetat9ly complex <Miss wtrn 'T"'in"',;J/ supervisiOn. fypill(l
(5S-{IJ wpm), fiIf>g, p/'lOn<;S, copying, Obl/ty to prio1fftze """"
Secretory IStOff Assistant III
CcrnpIex odmnistrafivB and _arioI ""_. typir>Q (6()0
wpm), 1IinQ, phon ... , copy;ng, coorlina/ill(l .,0<1<. '9Cf1nic:OI
one conficlerTNal I'nCTt9riai. P=biJIry ~ tt>at Ihormanci
artdlOf 1TOnsCtiption skBt! 'W'ffl be reqLJirBd. I.Jttie or no
JUpervision.
Word Processing Operator
C~t& ond ttlorouQh Imow>edge of word prOCessing
equipment. Lanier ~e preferrec. Document> may
JncJude tecf'l."'UCOI reporn. maniJaJ$, leffers, r1"J8{1"IO!. and
sfc1fsticoI materiol. U7tI9 or no stJp8rVf5iorl.
BflUng egt.
$9,60 -SI0,88
$11.20-$11.52
$10.88 -S11.52
S1 1.84 -SI2.80
S13.12 -SI5.36
S1~.08 -S16.64
General Laborers S 8.32 -$10,88
P9Iforms a lIodaty or cJutiB$ which may r.cJt.;de ony of tn6
folJo~;n{r paintl11Q. trafflc control, QElf'lefoi molf'lteronce of
fOditl6$ ond groJ.Jnds
o 1tEXl:l!BIT B"
AFFIRMATIVE ACTION GUIDELINES
A. PRE-AWARD PHASE OF CONTRACT
,. In addition to the Certificate of Nondiscrimination requi'ed to be filed under
Sectior. 2.30.090 of the Palo Alto Municipal Code IMereinalter "PAMC"!. the
bidder shall complete a Questionnaire fUrrJished by the City setting forth the
affirmative actions the bidder has taken or wm take to:
a. Recrurt minoritles in its location for all revels of jobs.
b. Select rr.ethods assuring eQual employment opportunity for all
peT'snns.
c. Establish a training program fOI new hires where necessary to assure
ample opportunity for the less Quarified to more fully quaiify.
d. P;ovide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion.
e. Provide counselling service for all wh'J rT'Iay need help to advanc:e,
especially new employees.
f. Educate supervrsors regarding nondiscrimination practices.
2. In addition to furnishing the comD!eted Questicnna!re called for under 11
above, each bidder for a construction or service project within the Cfty shall
submit tlie foHowing information for hlmself and subcontractors. This
information snaH constitute the biddlng con-tractor's Minority Employment
Program (herei~after "MEP-).
a. The estim(ited total number bt jab classification of personnel who
shari be used bV the corltractor and each subcontractor in perfo~mance
of the contract. These numbers shall ir.clude the estimated breakdown
by one month for thIS life 01 the contract. No estimate furnished uncer
this subparagraph shall be construed or enforced as a hiring quota.
b. In preparing these estimates it is expected the bidder wljJ take, or
agree to take, these additional steps to assure affirmative action in the
field of minority employment.
(1) Recruiting for needed herp in the loca: areas inhabited by
minoritY members. lncl-..ding open advertising and use of various
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establiShed public and private agencies. fLists an1 advice
furnished by the Palo Alto Human Re!ations Coui1cil (hereinafter
PAHRCIJ.
(2) Training those less Qualified to assure adequate promotional
opportunhies for a l :, .
f3} Providing necessary counsenng for upgrading, including use
of outside training faciffties in this area {Lists avaHable from the
PAHRC).
14) Assigning an Equal Employment Opportunity IEEO) coordinator
full time or as additional duty and assuring that all supervisors are
aware of their re5ponsibilities and that union representatives
recognize their respOnsibilities in the eQua! employmen1 program.
(51 Assuring that atl subcontractors are in compliance wit'" the
federal and California !tate raws and regulations relatina-to
r'lOnd is crimination.
f6) Where the contract is of sufficient duration. assuring
development of apprenticeship programs with union cooperation.
171 Upon request. fum<shing the City a copy of the latest Fede.'lI1
Form E'EO-1. or equivalent form.
~81 Providing the name ~md address of atl suppliers whose
supplies and lor equipment exceed 5 % of the tota! supply cost for
each contract and subcontract for the perlormance of the
COntract.
c. Any bidder not submitting an MEP shall r'lot: be defined as a
·re$ponsJble bidder· and his bid shall be disregarded in the manner now
prescribed b., the City.
d. The Crty Manage. will analyze the MEP submined by each bidding
contractor with the objective of determining jf the program submitted by
the contractor for himself and his subcontractors prasenu; a reasonable
effort to funher minority employment.
e. If the City Manager has question.s about: a particular bidder's
proposa:~ he may address such questions to the bidder. The City
Manager will be available to answer Questions relative 0 the guidelines
and to advise those seeking assistance of resources known to him. He
shall not be responsible for the service or lack. of service rendered by the
resources recommended, nor shall he be responsible for developing an
MEP for any bidder, or to Seiy'e as a recruite!' for any bidder.
Sheet 2 of 3
f. Bidders shal! be atlowed to revise their MEP after consideration. If
bidders withdraw their rAEP for revision, their revised program must be
resubmitted by a date which shall be established by the City Manager.
Bidd~~s fai\il'lQ to have their revised MEP sub:mined b'y the established
d·ne shaJJ nOt be clas.sified as a responsible bidder.
g. The City Mana~er, pursuant to the gu~deJines, shaf! make a decision
as to the responsibility of each bidder.
B. AWARD PHASE OF CONT!V.CT:
Upon award of the contract by the City, the recipient's MEP which has heen
approved and accepted by the City shall be an integral part of the contract and subject
to Section 2.30.093 of the PAMC. No contractor shali be deemed in material breach
of contract under PAMC Section 2.30.093 when he has made a reasonable and
substantia! effort to cumply With the MEP.
C. POST-AWARD PHASE OF CONTRACT:
1. The contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided, setting forth the law pro~ibitin\l
discrimination and advising anVone who fe.els he is bell'\9 discriminaTed against to
a dv is. the FEPC.
2. The contractor shall make written progress reports on the performance of
his MEP at intervals established by the City Manager. The cOntractor, however, is
eneouTal1ed to submit wrfU.en reports as often and when he deems it relevant to his
MEP.
3. The City Manager shall monitor the performance 01 the MEP untli
completion of the contract and will report to the PAHRC on trle p~ogress of the
contraCtor In living up to his ME?
4. Any questions of possible breaching of MEP shall be djscussed with th€
contractor by the City Manager.
References
Resolutions No. 4144 and 4148
Palo Alto Municipal Code 2.30.090
Ordinance No. 2420
S~eet 3 01 3
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OIUlINANo:E OP 1'HE COUNCIL OF nil: Cl'%'Y OF PAl...o ,uro
AHEmrI!iG "r.:!E: }>ALO ALTO Ml1N!CIPAI. COU 'l"O ADD
PROVlSI.OilS REGARDI'NG 14ONtlISCRIKINA'rION IS 'l'B! 1'EP.·
1'Ol\KAJiCE OF ern CCr.AACTS
The Cou~cil of tt.e City o! Palo Alto does ORDAI~ as foll~ws:
SE~~ON 1. That Section l.JO.09~ ot the Palo Alto ~nieiFal
COc:!e be amended t.o read 115 follow.s:
~:l'.)O.O!lO I.owe-st responsible ~Lddet".,. In .d~ition to pricli',
in ~etl!rmln1ng the 'lowest re~pons.£ll! bld~er.' conllider4tio~
will 'Oft 91Y~n to quality and 'P.rtonl&n(:~ of the 5uppl.ie.s to
be pure~ased Dr Se~~ices prov1de~ by ~~e •• ll~r. Crit~ria
for dete~inini low bi~ 5hall include, but not Pe li=it~d to
till! !'ollowing:
(I} The ability, capacity &n~ akill of the bid~~r. to
~ricrm the contract or provi~e ~~I! auppl!e. or le=vicea
requi.re~ •
(2) ~ne ~ility of th~ bidder to pro~ide tbe supplies
or services praaptly. or wiL~in the t~ .~eifiee, without
d~ley or ine.rferenee.
(3l The ch~raet~r. intaqrlty, reput~tio~. jua~nt,
«xperience Ind effici~ney of the ~!dder.
(4) The quali~y ~f bidder's pcrfo~nee ~n pr~vio~s
pcrcha~es or contraots with the city.
(5) The abi~ity of the ~idd~r to provide future aain
t.n.~ce, repair parts end servicel for the u~e of th~ .u~plies
purehase4.
16) Current c~pliance by the bldd~r with federal acts
and executive o~ders and State of california stAt~tel govern
in~ the .ub~.;e of nandiacrimination in ~plo~nt, ~r~v!~e~
that the city aa~ger Iball reeogui~~ II proof of noneomplian~e
only the final de~ili~ns ~~ ~rders of thole feder~l and
state agenCies ~red und~r the la~ to make such findings.
C7J Certification ~y the bidder that he will pursue
an'affi~tive cour5e of action as requirea ~y affi~tive
action vuidelina& provi~ea hereinafter r_.lonabl, per~ainin9
to the ~rk of the can~rect and to th. naturE an~ size of his
"'",:-k fQrce, to ensure that I:pplieants are louqnt lind e!rp1oye~.
a:'le ::ha':. e~ployees I~~ trea~ell I!:uri:'".g _l'loYTllent, ""ithout
reg.r~ to their race, color~ ~ation~l oriq~n ~r 4:'1Cestry, cr
r!:!ligion.
(al Oml .. :: this seetion, spE:eifie r;uidelin .. 5 ",ill
be adopte~ by co~ncil resoluti~~ fr~ ti~ .. to ti~e,
1~entifying the nature IUl4 scope of '.affirmatiVE action'
desiree ~y tha city.
Cbl Such guieelinp.$ shllll be m.de availlble to
all per!:ons Clesiring to .bid Oll eity b\llS-illCS$. ~
SECTION 2. ThDt Section 2.Jo.r.'~ be added to the Palo Alto
~'.;;O.O!il Certif:icate C'f n-onc:'$crilnint.tiO:1. Eller. biQder
shall enclo~tl'i1lls b,ui a cert.1heate sti!tinc; .'IH.·';:her
he is currently in cC)~?lillnce witI'! all federill anll ~t.::te of
Cali!o:::nia 111· ... s covering n0:1c:li5cril'llination in e:l'_plo~~1:lt. and
thlt he ... ·i1l pur:sue an affirmative course of ae"~.l.on a,o;. H~quired
by aftl.rm.ativc actio1l guide1iJlts as set. fo.::et-. in Sectio)",
2.30. [)'10 end resc1u!:ions: .adoptee! pursuant thereto, IIn(l tl'!.at
if .... 4rdec3 the c~mt:raC't hI:: .... .l.11 not c!i'!;cri",inlte i;l Un' er=l
pj~e1lt 0: any persen und~r the contract ~ee~USe o~ r~~e,
colo::,. nation.a! oriS":)"' or ancest:-y, or rll"\igion, of liuch
~rson. and that he will paTti~iFate, if requested, in pre-
.... lIrd rcvie~' o~ his g<4alifieation.s ul',oer provisitlns of t.his
section.. The r~g\liremcn~s of this sect.l.on shall apply only
to contracts in exceSs cf [lYe tnou5~n~ dollars for serv1ees
or for II cOJl'1l:>in.!::tio1l Df a!!Z"'ic!;'s aT1tl 5uppjies,"
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SECT1.OR 3.
~ieipal Co4e to read a. t~llow.:
·2.3C~C3~ P~nal~Lea for di.cr~n&~ion in emplavment, Any
ec;o.t.ra,ct.c.r ~iI bZ found In vl.oh.tl.on Qf the Zlondls
cria1nat'1on provieio':;a of the State of C111.fornla Fair;
~loyment Pr&cti~es ~ct or .i~~l.r provi~io~ of f.~eral
Law O~ axeQUt1v. orda% in the perform6nce of any contrac~
with the eity, the%~ .aall be found in ~terial breach
of ruch contract and thereupoc the Cl.ty shell ~.v. power
to cancel or auspend the ~ont%~ctr in whole or 1c part, or;
to d~uc~ from the amount payabl. to luch contractor the
aUD of ewenty-five dollar. ($2S.~Ol for e~ch per50~ for .ach
calendar day d~lng which sceh perl~n ~a. discr1ad~te~
agab'.llt, ... d&fU.qes for .ai~ breach of contract, or bot~,
Only a fi~diM9 ~f the State of California Fair Employment
Practical Commia.!oc o~ the equiv.le~t faderal agency or
Officer ahall constitute evidence o! a violation of con~act
under thil section."
Xu~cipal C04e to read as fol!ow.:
"~~J~,D'J penaltiea fo~ violation of affirmative act~or.
provi.lliO!!:I_. My _CDntrac-t.or .... flo snail b'I!i found bY the Cl.ty
Manage~ to be in violetio!! of his .~r.ement to pursue an
affirmative course of .Iction or in violation of any provi.i~n
of ~e affl~tive action gui~eline. pertaining to his cor.·
tract shall be found in .ateri.l b.each of such contr.c~ and
thereupon the eity ahall haYe p6Wer to cancel or lu.pend the
contract, in -whole or i.1'l pa.rt, or to de4'Uet frcm the aaK'o.:nt
payable to such co~tr.ctor the aum of t~o bundre~ fifty
dollars !S~50.00) for each cal~n4ar day du=ing which the
eontractor is fO"o.I:nd to have been L:I noncexapliance. as d_
ages for-said br<!ach of eontract. or both."
ttCTIOIQ' 5. !'his ordinance ahall :become effect-in thirty
aey. !r~ the date -or its passage.
I'N'l"ROOUCI:[): March H!. 1'9I5S
.April 1, 196e
NOES ~
)\.!"f)cld, .8111.i.I-.r •• Berwald, Ch.:"k, CClr.u~o.::k, CQglty, Dla" Ci.l.ll.She'!',
PelrlOI'l, Spu't.h. '\I,.'ll~;.tJoey
Nflne
.:Z:~~(~aC;:<2H<·~
,I:l.ty ,Cier)! M.yD~
.,' APP,abVi.:D .1...: :to FOR.M:
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S1tj' Attot'ney
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COMPLIANCE REPORT Non-Discrimination Provisions of Palo Alto
Contracts
IMPORTANT
Project _________ _
•
This report must be ctimpieted by prime
contractor and each subcontiactor.
Complete an items unless otherwise
instructed. Use extra sheets jf
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
Name of Firm ~ .
~-, ~~ {--~~ I
Telephone ~";:3 -:; 00.3
Dtrector of Purchasing Services
Civic Center
250 Hamilton Avenu"
Palo Alto, CA 94301
Circle One: Prime Contractor Subcontractor
Part I Comp lete ~~e Folio wi ng:
1. Full name and address of firm
or other reporting unit CO\le~ed _.->
by this report,
2. Name and acfdres~ of principal
official or manager. --->
3. Name ana address of principal
office of company. -->
4. Name and address of parent
company if an affiliated -.->
corporation.
5. Name and address of prime
contractor {complete only if ••. >
thiS is B subcontrattor~s
repon.
6. Signature and title of BY:
authorized repre5ientative.
DATE:
;10> r r;: '" r ~f; c 1'---'
'yf16Z4 Q4',,",£~' IV4J .;;I~?)r /)11
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Port II
1.
Part III
{..:jij No
2.@NO
-
Attach a.s~ "lent of your company's poljcy on eQual employment
opportunrty· ,IJ persons without regara to race. creed. color. national
orlginl or ancestry. and desc6be what steps have been ta.kt':1 to put this
policV into effect,
Circie the Proper Answer.
Have you jnformed company Officials and representative" regarding the
non-discrimination provisions of City of Palo Afto Contracts?
Have you exarr.;f1ed your company"s practtces regarding assignments.
tayoffs or transfers of your employees from one job to Bnothsr for
evidence of a practice or employment pattern that might appear to be
discriminatCiry and b8~ed upon race, religion or national origin? Are they
non-discriminatory?
3.9 No 00 you have educational Of' trsininQ programs $ponsorll3'd or financed for
the benefit of emploY£les or prospective employees .
•. __ How many people 'participate in these programs?
b ' __ How ma n V are mfno rfti as?
4@ No Does your help wanted advertising state that you are an equal
opportunity employer?
5. ves@ Are any apprentices obtained from sources outside the employer's work
force? If yes, have you Circulated information about apprenticeship
openings or opportunities to the following.
Ves No
Ves No
Ves No
Ves No
Ves No
State Employment Oftices
Newspapers or other media
High Schools, including those in minority group art!!as.
local trade or \<ocationar schools, including those wfth
minority group students.
Agencies and lor organization specializing in minority
empfoyment.
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6. Yes No
~NO
8.
Part IV
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Yes@ Federar or State apprenticeship represe .... tatives:
Who?
Olher.
If you are a prime co~.traci.o( have atl subcontractors covered by these
compliance inspection repons been instructed as to their contractual
obliga~lons relating to non-discrimination prollisions of City of Palo Afro
Contracts?
f.plain _________________ . _____ _
Have air recruitment sources been advised that all qualified appricants
will receive consideration fOl employment without regard to race, color,
creed or national origin?
Identify (names and addresses) the employment agencies l personnel
recruitment organizations. newspaper advertising or other non-union
sources from wnich the company lecruits its personne!.
Uvltbl /1"7";",,,-(-;--'t. ~ /J?~<?"O-;:·'.-/S
"~_ Jo~ /l7£!r?u-Y''''''t F'oo-i,{, II ~//?7..-?-;J
y ;r--
/l ----r" • I /''/1 11'yv/'l':5 14, ~-~~~
1. Y6S § Have you a collective bargaining agreement with a labor union or other
organization?
If yes, specify the Unionfs) or organization(sl
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2. Yes No
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Hive you I'jvised the labor union andlor worker crpanization of the
companv~s responsibility under the nOil-discrimination provisions of City
contracts.
Approximately what percentage of your employees covered by union
agreements are referred by or hired through" the unions?
Explain procedure for hiring balance. ____________ _
4. Yes No Does the companv"s collective bargaining agreement or other contract
Of understanding with a fabor union (or unions) or other work:er~s
organization include 8 provision for non-crscrimjruttion in employment?
5. Yes No J5 there any tabor union or worker's organization policy which prevents
you from fulfillino yt'\lUf obligations under the non-discriminat~i"1
provisions of City contracts? If so, specify. __________ _
6. Yes No Specify the trade's) or craft's) involved in t.~is contract.
------------------------------------------
7. Use this space for comrTli!!nt an any answers you have suppJied.
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Name of Firm
~O~"tN8me __________________________________________________________ __
Contract ,, ______________ __ nndic.ate only for monthly report. NO.3)
Three types of breakdown are required. This form i.s \Jsed 10r atl three. (Cneck)
(/-~. Perm!nent makeup of company. j ) -2-E:."3timated makeup for this project.
( I -3-Mor.thry report fOf __________ 19_o Submit once per month for duration of project.
1 = Permanent. 2 = Estimate for project. 3 -=-Monthly only.
Be sure to include Ii!. emproyees in first column, not just minorities. Nos. 1 and 2 below are reQ.uired to be
filied in and submitted with Compliance Report.
JOB CATEGORIES
To .... al an r Asian American Spanish
emolev ... Femal. Sl", Am,.ri,..::an In";'n SLmamed , , "-1 ? , 1 ? -3 1 -,---. 1 2 3 1 ,
Management ::l. I
P,nf_'''~.I.
CI.ne.I-Offio" 'i t!
F",ld Sun."';, or
Skilled -list ..
b.
c.
d.
i.ln~l5i11~d -If~l
s.
b.
c.
0.
TOTAL OF ABnVF \.1 5
Th'L~tt~~lq~ shourd alsQ be inciuded in the 8porQpriMe categories 3bove.
I I I I ! II
ThiS report must be compleled by contractor and tach s .... bc" ... !:~!lr:tO(.
The term ·Spanish Surnamed" in.cludes art persons of Mexiea,." Puerto Rican, Cuban, Latin America.n 0;
Spanish OIigin.
Report only employees enrolled in formal ol1-the-j-ob traininG programs..
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KELLY
SERVICES
Policy Statement
Equal Employment Opportunity
CITY OF PALO ALTO
It is the poucy of Jo"~Dy Services. Inc. to prov:de equal employment opP<')rtunjty '.n
recruitment, seiection, training. compensation, promotion, job transfer, and
assignments. The~ oppcrtuntti€s and other conditions of emptoyme'1t will be
extended to qualified applicants and emp~oyees regardless of an individual's race.
color. 5e)/", age.. :religion or nationar origin.
It is. also the policy of Ketly Serll1.ces. Inc. to mav,€ reasonable accommodMions to
the limitations of qualified handkapp€d per!.=ons including Dtsabled Veterans ~nc to
extend employment opportunities to such persons. as well as to Veterans of the
Viemam Era.
Joanne E. Start Senior Vice President, Human Resources bas been named me
Equill EmploymerH poliq: officer for the Com~an::.'.
T E. Adde,ley
President
._---..... ".-.,,--------_ .. -
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"£XI!IBIT c.;i~:_·
KFlly=ry~lr. ======
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Certificate of Insurance
1992 -1993
This is to certify that, effective 7-1-92 to 1-1-93,
the fall ouTing policies have been issued to
KELLY TEMPORARY SERVICES'
I ~~L' . COVERAGE ~~ COMPANY FOUCY NOTES
1~~Th':'-------------------------------
~:.\~_ Workers' Compensation Stah.l.tory CNA lruunnce Includes
~~',:' ".-.' Empl~t's uability $5CQ,00Q Approved $eli-Insurer tn California, alternate emplo)'-er's
Michigan. Ohio and \.Vashlngton e"dorsement -------------=---------------
Coaunercia.!
General Uabiiity
Umbrena
Liability
Commercia.l
Automobile Liability
Commercial
Blanke~ &nd
51,000.000
$1.000.000
S3.OC~\OOO
CNA lruurar.cf"
Northfield Insurance COr:lpany
Royal Insurance Cc-mpanv
CN.I\. Insurance
rncludes blanket
contractual liability and
personal injury
b,(e:.~ of
!lability rolides
Includl!S non-owned
automobile CC\'erage
--------------
r-.;ational l1ruOr1
Cove:-s em ployf'€
dlshonesty and pro .... idE'~
customer protecti:or1
c-., '''cod "'c ____ -"C"ITY:.:..:OF"'--Pc.I"-::O Al.=' 1"'0'-______________ _
~(t ,Adm.. _______ p_Al...::c:0..:Al....::..T:;.O'-, C.::....Al.JF().::....::..:RN=IA-,--____ _
}ohruort ... Higgins of Michl~n. Inc.
600 Re~aiss.mce Crn!f't, Suite 2100
~trotl. MIchigan 4&143
cr~a-t~
Jamt"S A. CI.lnning!;am
Au thoru-t'd AgE-tit
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A G R B B • B N T
BY AND :BB'lif&:Df TEl' CITY OF RILLO ALTO AND
WOI.L!lO~ /XICIIl!LSOH
THIS AGREEMENT is made and enteri:'!d into this day of
• ~992, by and het'Ween th.e CITY OF P~.ALTO~ a
=mun=~,"" c=i"pa=l;--:c::o"rp=oration of California, hereinafter referred tc as
• CITY ... and WOLLBO'llG/M!CHELSON {Taxpayer Identification !{umber 94-
2251654), a califo~ia corporation, with offi~es at 400 El Camino
Real, Suite ~20, San Mateo, California 94402, hereina!ter referred
to as • CONTRACTOR III;
• + T N B S~~.
WHEREAS. CITY desires to retain services to provide
temporary employment services fer CITY; and
WFlEREAS. CITY desires to engage CONTRACTOR to provide
these services by r~aBon of ite qualifications and experience for
performing such s€:rvices, aDd CONTRACTOR has offered to provide the
required servi~es on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual
covenants. the partiea hereto agree as follows:
SHCTION l -DEFINITIONS
1.1 l:llY
The term ·City-as used in this Agreement shall mean and
include all the territory lying within the municipal bouncariea of
the City of Palo ~to, California. as presently existing, plus all
territcry which may be added thereto during the term of this
Agreement by ar~exation or otherwise.
1.2 City ~4nager
The term ItCit.y Manager· shall mean the duly appointed
City Manager of the City of Palo ~to, California, or his
designated repre~entative.
1.3 City AttOrney
The term "City Attorney~ shall mean the duly appointed
City Attorney of the City of Palo Alto, California, or his
designated representative.
1.4 ~y Clerk
The term. nCity Clerk-shall mean the duly a'Q-pointed City
Clerk cf the City of Palo Alto, California, or her designated
ref>reeent.ative.
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1.5 Riek Manager
The term -Risk .Manager'" shall
Risk Manager of the City of Palo Alto.
designated representative.
mean the d~ly appointed
California, or hie/her
S EC'fION 2 -~ROJRCT COQRDIN/lTION
The City ~ger shall pe repreae~tative of CITY tor all
pu~ses under this Agreement. JAY ROUNDS i8 designated as the
PROJECT M:NG\GER foz the City 'tI.3:lager. and he shall super-:-l ee the
progress and exec~tion of this Agreement.
:2.2 Contractor
CONTRACTOR shall assign a single PROJECT DIRECTOR to have
overall resp0::lsibility for the prOSreas and execution of this
Agreement for CONTRACTOR. ~y BRASFIELD hereby is designated as
the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or
conditions subsequent to the execution of this Agreement re~~irE a
substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall be eubj ect to the prior written approval of the
PROJECT MANAGl!R.
SECTION 3 -DUTIES OF CONTRACj'QR
3.~ ~~ to be Furnish~d
CONTRACTOR shall provide temporary employment
services as set forth below:
3.1.1 Upon ~equeBt by PROJECT MANAGER or
designee for temporary help, CONTRACTOR shall test, interview,
evaluate, and screen all applicant to insure they meet th~
requirements of the City of Palo Alto as specified by the using
department through the PROJECT ~ER or his designee_
3.1_2 Within 15 minutes of a request from the
PROJECT MANAGER OT. his designee, CONTRACTOR shall co.ufinn the
;?"vailability of personnel on. its lists to perform the requested
services.
3.1.3 CONTRACTOR shall provide a monthly usage
report showing department total usage in hours and dollars spent
together with such additional infonration as required by the
PROJECT MANAGER or his designee in a format which is pre-approved
by the PROJECT ~VAGER or his designee.
3.1.4 CONTRACTOR shall provide payroll servicing
to CITY when requested by PROJECT MANAGER or his designee.
employees
performed
3.1.5 CONTRACTOR shall permit CITY to transfer
provided by it to CITY' 6 payroll after they have
services fo~ CITY for ~hirty (30) working days.
3.1.6 CON1~CTOR agr~29 that any and all
temporary employees provided to CITY by CONTRACTOR under this
Agreement, including but not li1!"dted to tho!lle provided under
payroll servicing; shall be the employees of CONTRACTOR a~d nct the
employees of the City of Palo Alto.
3.2 Laws to be Observed
CONTRAc.-I'OR shall:
3.2 ~~ P:rocure all permits and licene~s, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution ot the eervices to be
performed by CONTRACTOR under this Agreement.
3.2.2 Keep itself fully informed of all existing
and future federal, state, and local laws, ordinances J regulations;
orders; and decrees wl'dch may affect those en-gaged or employed
under this Agreement, any materials used in CONTRACTOR'S perfor
mance under this Agreement. or the conduct of the services under
this Agreement.
3.2.3 At all times observe and comply with, and
cause all of its aubcontra~tors and employees, if any; to observe
and comply with, all of said Ja'Ws~ ordinances, regulations, orders
and decrees mentioned above.
3.:2.4 Immediately report to the PROJECT MANAGER
in writing any discrepancy or inconaistency it discovera in said
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans. drawing, specifications, or proviSions of
this Agreement ..
3.3 Qualifications Qf Contractor
CONTRACTOR represents that it. is qualified to furnish the
serviceS' described under this Ag:r-eement. As evidence ther.eof,
CONTRACTOR warrants that one or more members of employees of the
fir.m are licensed by the State of California and that the services
to be provided under this Agreement will be performed by them or
under their supervision.
SEcrION 4 -CQMPENSATlQN
For the full performance of the services described here5. n
by CONTRACTOR, CITY shall pay CO~~CTOR as follows:
4.1 For temporary employees in the classifications
listed on Exhibit ·A~ at the rates specified for those rcsitions on
Exhibit ~A· a copy of which iel attached nereto and incorporated
herein by this reference, these rates include a 28t markup.
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921, L 7 bck-OQ7O'l8p.
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4.2 For positions not listed en Exhibit -A' at. rates
mutually agreed by CONTRACTOR and PROJECT MASJ.GER or hi. designee.
4.3 For payroll servicing, CONTRACTOR shall be paid ~3'
in excess. of the h-ourly rate est,ablished by PROJEcr MANAGER or hig
designee.
4.4 Notvithstanding the foregoing. CITY shall not be
charged far the eervices of any temporary employee. when in the
opinion of the PROJECT MANAGER or his designee the 6ervices ot a
temporary employee have not been satisfactory. provided that the
CITY notifies CONTRACT~R that said services were unsatisfactory
within the first eight (8) hours of the assignment.
4.5 Weekly itemized in7~ices for said services shall he
provided to ClTY. These invoices shall have information deemed
sufficient by the PROJECT MANAGER or his desig!lee and shall be paid
within thirty (30} days of their receipt by CITY~
4.6 All compensation payable hereunder shall be subject
to the appropriation of funds by CI~f'9 Council for the applicable
fiscal year during which such tempcrary employment services are to
be or are rendered. In the event funds are not appropriated for
services to be rend~red ia any fiscal year during the term of this
Agreement I this Agreement ehall be deemed terminated at the end of
the fiscal year for which funds are a.ppropriated. No penalty shall
accrue to CITY in the event this Agreement is terminated pursuant
to the provisions of this Section ~.6~ and CITY shall not be liable
for any future payments due or for any damages as a result Of the
termination of this Agreement pursuant hereto~
SBCTION 5 . TERM
This Agreement shall commence on December 1, 1992. and
shall continue in full force and effect until November 30 1 ~995 or
until terminated as provided herein~
SECTION 6 -TEMPORARY SySPENS~
The City Manager shall have the authority to suspend this
Agreement, vholly or in part, for such period as he deems necessary
due to unfavorable conditions or due to the failure on the part of
the CONTRACTOR to perform any provision of this Agreement.
SECTION 7 -SUSPENSION; TERMINATION
7.1 Right to Suspend or Terminate
The City Mar..ager may suspend or tenninate this Agreernent
for any reason by giving t~n (lOi days' written notice to CONTRAC
TOR. Upon receipt of sucb notice, CONTRACTOR shall i:nmediately
discontinue his performance under this Agreeme,nt.
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Upon tJu~h suspension or termination, CONTRACTOR shall be
paid for all services actually rendered to CITY to the date of such
suspension or terrr~nation; provided~ however, if this Agreement is
suspended or terminated for fault of CONTRACTOR, CITY shall be
obligated to cOI'!'lpensate CONTRAC!'OR only for that portion of
CONTRACTOR~s s~rvices which are of benefit to CITY.
SBCTION 8 -INDEPENDENT ~
Failure of CITY to agree with CONTRACTOR's independent
findings~ conclusionB~ or recommendations, if th~ same are called
for under this Agreement, on the basis of differences in matters of
judgment shall not be construed as failure on the part of CONTRAC
TOR to meet the requireme~ts of this Agreement.
SECTION 9 -M S IGNMSNT; SUBCONTRACTORS; EMPLOYEES.
9 .1 Assignment
Both parr-ies shall give their personal attention to the
faithful performance of this Agreement and shall not assign,
transfer, convey, or otherwise dispose of this Agreement or any
right ~ title or int.erest in or to the same or any part thereof
without the prior written consent of the other party~ and then only
subject to such terms and conditions as the other party may
require. A consent to one assi~~nt shall nct be deemed to be a
consent to any subsequent assignments. Any assignment without such
approval shall be void and, at the option of the other party. shall
t.erminate this Agreement and any license or privilege grant-Ed
herein. This Agreement and any interest herein shall not be
assignable by operation of lav without the prior written consent of
the other party.
9.2 Subcontractors; Emplgyees
CONTRACTOR shall be responsible for employing or eng-ag-ing
all persons necessary to perform the services of CONTRACTOR
hereunder. No subcontractor of CONTRACTOR will be recognized by
CITY as such; rather~ all subcontractore are deemed to be employees
of CONTRACTOR, and it agrees to be respons1hle for their perform
ance. CONTRACTOR shall give its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and subcontractors, if any. and shall k.eep the wc·rk under
its control. If any employee or subcontractor of CONTRACTOR fails
or refuses to carry out the provisions of this Agreement or appe~rs
to be incompetent or to act in a disorderly or ~ropec manner~ he
or she shall be discharged immediately from the work under this
Agreement on demand of the PROJECT MANAGER.
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SECTION lJ -NOT!CES
All notices hereunder shall be given in w~i ti:lg and
mailed, po6tage prepaid, by ce~tified mail, addressed as tollows:
To CITY: Office of the City Clerk
P.O. Box 10:;:50
Palo Alto, CA 9430)
To CONTRACTOR: Attention of the PROJECT DIRECTOR
at the address of CONTRACTOR reci ted above
SBCTION ~1 -INTEREST OF coNTRACTOR
In accepting this Agreement, CONTRACTOR covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise. which would conflict in
any ma..noer or degree with the perfonnance of the services here
under. CONTRACTOR further covenants that, in the performance of
this Agreement, no subcontractor or pereon having such an interest
shall be employed. CONTRACTOR certifies that: no ODe who has or
will have any financial interest under this Agreem~nt is an officer
or employee of CITY. It is expressly agreed that in the perform
ance of the professional servicea required under this Agreement
CONTRACTOR, and any of its subconsultants or employees, shall at
all times be considered independent contractors and not agents or
employees of CITY.
SECTION 12 -AL~ITS
CONTRACTOR agrees to permit CITY to audit, at any
reasonable time, CONTRACTOR's records pertaining to matters covered
by this agreement.
SECTION 13 ~ I~~RMNITY
CONTRACTOR agrees to illdemnify, defend and hold harmless
CITY, its officers, agents and employees from any and all demands,
claims, or liability of any nature, caused by or arising out of
CONTRACTOR'S, its officers'. agents', SUBCONTRi\.("T()RS' or employees'
negli1ent acts, errors, or ~desiona. or willful misconduct, or
conduct for which the law imposes strict liability on CONTRACTOR in
the performance or fai~ure to perform this Agreement.
SECTION 14 -WORKERS' COMPENSATION
CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
CalifOrIlia which req-.;.ire every employer to he insur~d against
liability for workers' compensation or to undertake self-ins~rance
in accordance with the provisions of that Code, and certifies that
it will comply with such proviSions before commencing the perfo~.
ance of the work of this Agreement.
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SECTION 15 -INSURANCE
CONTRACTOR i at its sole cost and expense. shall obtain
and maintain in full force and effect throughout the entire term of
this Agreement the insurance coverage described in Exl1ibit "Cit.
innuriJ:.g not only CONTRACTOR, but also (with the exception of
workers' compensation and employer's liability inaurance). CITY,
its office~s. agents, and e~loyees. and each of them with respect
to activities and services performed by CONTRACTOR for or on ber..alf
of CITY under the p!'oYisions of this Agreement.
Ce~tificates of such insurance. preferably on the forma
provided by CITY, snaIl be filed with CITY concurrently with the
exec1ltion of this Agreement or ~ with CITY' e approval I within ten
(10) working days thereafter~ Said certificates shall be subject
to the approval of the City A~torney and ahall contain an endorse
ment stating that said insurance is primary coverage ana will Dot
be cancelled or altered by the insurer except after filing with the
City Clerk thirty {30} days' written ~otice of such cancellation or
alteration, and that the City of Palo Alto is named as an
additional insured (except on poliCies of profes9ional liability
insurance.) Current certificates of such insurance shall be kept
on file at all times during the term of this Agreement with the
City Clerk.
SECTION 16 -AGREEMENT 2INP+NG
The ter.me, covenants, and conditions of this Agreement
shall apply tOr and shall bind, the heirs. successors, executors,
administrators. aSSigns, and sUbcontractors ot both parties4
SECTION 17 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or of any
provision, ordinance, or law shall not be deemed tc be a waiver of
any other term, covenant~ condition, ordinance, or law or of any
subsequent breach or viola,tioD of the same or af any other term,
coveoant~ condition/ ordinance, or law. The subsequent acceptance
by either party of any fee or other money which may become due
hereunder by the other party of any term. covenant, or concition of
~hi8 Agreement or of any applicable law or o~dinacce.
SECTION 16 -QOSTS AND ATTORb~YS' FEES
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of tr.is Agreement tray
recover its reasonable ccs~s and attcrney fees expended in
connection with such an action from the ether party.
SECTIQN ~9 -NQ. IMPLIED WAIVER
No payment. partial payment.. acceptance. or partial
acceptance by CITY shall operate as a waiver on the part of CI1rf of
aUI of its righte under this Agreement.
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SSCIIQN 20 -NONDISCRIMINATION; PENALTY
20.1 Dtm OF CONTRAC'l'OR
No dis.::rimination shall be made in the employment of
persons under this Agreement because of the race, color, national
origin, ancestry~ religion or sex of such person. If the value vf
this Agreement is, or may be, Five Thousand Dollars ($5,000~ or
more, CONTRACTOR agrees to met all requirements cf tbe Palo Alto
Municipal Code pertaining to nondiscrimination in employment and to
complete and submit the "'Compliance Repcrt~ -Nondiscrimination
Provisions of City of Palo Alto Contracts· on the form furnished by
CITY as Exhibit -B' attached hereto and incorpor-ated herein by
reference.
20.2 UNALTI FOR DISCROONAUON
If CONTRACTOR 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 performance of this Agreement. it shall thereby be
found in material breach of t.his Agreement. Thereupon, CITY shall
have the power to cance~ or suspend this Agreement. in who~e or ~n
part, or to deduct. from the amount payable to CONTRACT-oR the sum of
Twenty-Five Dollars {$2S) for each person for each calendar day
during which such person was discriminated against, as damages for
said breach ot contract~ or both. Only a finding of the State of
California Pa~r Emplo~nt Practices Commission or ths equivalent
federal agency or officer shall constitute evid~~ce of a violation
of contract under this section.
If CONTRACTOR is found in violat.ion of the nondis
crimination provisions of this Agreement or the applicable
affinnative action guidelines pertaining to this Agreement.
CONTRACTOR shall be found in material breach of this Agreement.
Thereupon, CITY shall have the power t.o cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount
payable to CONTRAC"'I'OR the sum of TWo Hundred Fifty Dollax"s ($250)
for each calendar day duriDg 'Which CONTRACTOR is found to have been
in such noncompliance as damages for said breach of contract. or
bOth.
ThiB document represents the entire and integrated
agreement between CITY Clnd CONTRACI'OR and supersedes all prior
negotiations, representa~icns. and agreeMents, either vritten or
oral. This document may be amended only by written instrument.
signed by both CITY and COt.'TRACTOR. All provisions of this
Agreement are expressly made ccnditions.
8
SECTION 2.2 -GOySRNIJI.'G LAW
This Agreement shall be governed by the laws of the State
of california.
IN lUTNESS WHEREOF~ the partiel3 hereto have executed this
Agreement the day and year first above written.
A'l'TBST: CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Aset. City Attorney
APPROVED:
Assistant City Manager
Director 0f Finance
Risk ~Ja.nager
AI' PROVED AS TO CQNTBNT:
Taxpayer Iden~lfi=ation No.
94-2251654
Manager, Purchasing/Contract
Administration
Attachments:
EXHIBIT "A·
EXHIBIT "B"
EXHIBIT ·e·
Billing Rates
Non-Discrimination Compliance Report
Certificate of Insurance
9
7 -raj "tnt.
t
~ .J
~
I
I
"EXHIBI"r A'
\\\\
,.,
1~r.IA1""'''''~'''')I.~I''.,~ ~'1J1. :>~!< .... nFrtl'odIU (.'l~U,"" 14Hlnl·75Uli
I~~I JI,,'<"/I·, ...... r,-LJn"'! '''J/,' /'oWl lu 'hIMI ~:,:; ,,~>ljI'1 (415)4]1-1'51=
.,00): £J ,,, .. ,;,,,' 1<rni i 'J" 1,-I:",.' ~~ !ilileo . (' ,I .... ·w: ' 1'15~ 3&2 7tH
..... .0(1,11:" ... ". "" .. "',, .... ~.,i',' i'~I, P1,a:lfl! ~llj :'! -I. ;: ~ t:\;lg~ 9U·~2'C'
5R~~5''''''''j'',~ M~JIII:"I'!, "d,-:,']1, !""~U~I~ " I '!.i;'-' r~l~1 605·1500
,,e, 'i_' )oW< i 7"'''"1' "...... <;." 'I. ,. I I, f .,r1,~I. 1 ,,';', >; 171, I 42$-76m)
~1':;('l.·A.',",/!<,,1, .. ,, •• ' ... ",1 .. :,,; Torme. L ;';,'~ i jJU;7llIJ'!~O~
Wollborg I Michelson
CONTRACl' BILLING RATES
CrI'l' 0 .. PALO ALTO
Job De«J1ptIo>a ....... 0NdracI PtyroD !lorriciag
ZKMarbp 23'10 Marbp
Accounting Clerk I $10.24 . l1S2 59.84 -11.07
Accounting CleTk n $10.811 -12.80 S10.46 • 1230
Clerk Typist S 10.88 -11.52 J lD.46 -11.07
Secretary IStaff Assistant n 51152 -13.44 $I 1.07 • 12.92
Secretary IS taff Assistant III
Without Shorthand ,lciJls: Sl2.80 -]4.08 51230 -13.53
With Shortba!1d skills: $14.08 -15.36 113.53 • 14.76
Word Processing Operator S14.0& • 15,36 Sl3.53 -14.76
Genera! laborers S7.68 . 11.52 $7.38 • 11.07
&11 ... Effective 12/1/92 .12/31/93 -Proprietary Information
Your acuptanee of applicants from Wollborg/Michelson constitutes your agreement withour
r.e scbedule and its conditions.
WollborafMichelson Is an equal opportl1Olty employer.
-,;.
AFFIRMATIVE ACTION GUIDELINES
A. PRE-AWARD PHASE OF CONTRACT
1. In addition to the Cartificate of Nondiscrimination reQui!€'d to be fiJed under
Section 2.30.090 of the Palo Afro Municipal Code (:,ereinafter "PAMC"J. the
bidder shaJJ comprete a ques,!ionnaire furnished by the City setting forth the
affirmative actions the bidder has takerl or wiil take to:
8. Recruit minorities in its location for all levelS of jobs.
b. Select methods assuring equal employment opportunity for aH
persons.
c. Est.ebrish a training program fCif new hires where necessary to assure
ample opportunity for the fess qua'ined to more fuliy quality,
d. Provide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion.
e. Provide cour.:s.elllog zervice for all who may need help to advance,
e.specia:ly new employees.
f. Educate supen,lisDrs regarding nondiscrimination practices.
2. In addition to fLJrnishing the completed Questionnaire cailed for under #T
above. each bidder for a cOf'lsnuction or service project w'rthin the City shari
submit the foUowing information for himself and subcontractors. This
Information shall constitute the bidding contractor'S Min.ority Empioymem
Program (herejndher -MEP").
a. The estimated lotnl number by job classlficarion of personnel who
shaH be used by the contractor and eacn subcontractor in per~ormance
of the contract. These numbers shall incrude the estimated breakdown
by one month for the life of the contract. No estimate tumished under
this subparagraph sha'r be construed or enforced as a hiring quota.
b. In preparing these estimates it is expected the 'Didder will take. or
agree to take, these additional s'teps 'to assure affirmative act jon in the
field at minority emplo ymenr.
r1} Recruitirfg for needed heip in the locsl areas inhabited by
minorjty members. lncJuding open advertising and use of various
Sheet 1 of 3
r I .-T ,,~~. ....,.----
*.
......
",.'
established public and private agencies. [Lists and advice
furnished by the Palo Alto Human Relations Councir thereinafter
PAHRCI1.
{2} Training those less qualified to ass ... re adequate promotional
opportlinities for all. .
(31 Providing necessary counseling for upgrading, lnc!uc'ng use
of ol!tside training facilities in this area (lists avaifab'r: from the
PAHRC).
141 Assigning an Equal Employment Opportunity IEEO) coordinator
fun time or as additional dutY and assuring that afl supervisors are
awsre of their responsibilities and that union representatives
recognize their responsibillties in the equal employment program.
(51 Assuring that afj subcontractors are in compliance with the
federal and Carifornia state faws and reg~fatf'Ons relating to
nondiscrimination.
(6) Where the contract is of sufficient dU:-8tion, assuring
development of apprenticeship programs with union cooperation
{7} Upon request, furnishing t.l-)e City a copy of the latest Federal
Form EEO-'. or equivalent form.
'8) Providing the n"me and address of all suppliers whose
supplies and/orequipment exceed 5% of the totar supply cost for
each contract and subcontract for the performance of [he
contract.
c. Any bidder not submitting an MEF' shari nOt be definetj as a
·responsible bidder· and his bid shari be disregarded in the manner now
prescribed by Ihe City.
d. The City Manager will analyz. Ihc MEP submitted by each bidding
contractor with the objective of determining jf thf! program submined by
the contractor for himseff and his subcontractors presents a reasonable
effort to further minority employment.
e. If the Cltv Manager h9S quest~or.s about a particular bidder's
proposal, he may address such questions to the bidder. Thlli! City
Manager will be avaiJable to answer Questions relative 0 the guidelines
and to advise those seeking assistance of resources known to him. He
shall nat be responsible for the service or lack of service rendered by the
resourcE'S recommended, nor shall he be responsible for developing an
MEP for any bidder. Or to serve as a recrlli-,er for any bidder.
Sheet 2 01 3
B.
o / '
f. Bidders shall be allowed to revise their MEP after consideration. If
bidders withdraw their MEP f(H revision, their revised prograr" must be
resubmitted by a date which shar: be established by the City Manager.
Bidders failing to have their revised MEP submitted by the established
date shall not be cia.';sified as a responsible bidder.
g. The City Manager, pursuant to the guidejines, shall make a decision
as to the responsibility of each bidder.
A WARP PHASE OF CONTRACT:
Upon award of the contract by the City, thE-recipient's ME? which has been
approved ami accepted by the City shall be an integral part of lhe contrac! and subje~t
to Section 2..30.093 oftne PAMC. No contractor shal1 be deemed in material breach
of contract under PAMC Section 2.30.093 when Me has made a reasonab~e and
substantial effort to comply whh the MEP.
C. POST-AWARD PHASE OF CONTRAkT:
1. Tho! contractor shall post ~n conspicuDUS places, available to employees and
appiicants for emproyment, notices to be provided, SEtting forth the Jaw prohibiting
discrimjnation and advising ar.yone who feels he is being discdminated against to
advise the FEPC.
2. The contractor shari make written progress reports on the performance of
his MEP at intervals established by 'the City Manager. The contractor, however. is
encouraged to submit written reports as often and whefl he deems it relevant to his
MEP.
3. The City Manager shall monitor the performance of tM MEP untn
completion of the contract and will report to 'the PAHRC on the prog"ess of the
contracwr in living up to his MEP.
4. Anv QU'2stions of possible breachfng of MEP shall be discussed with 'the
contractor by the Crty Manager.
References
Resolutions tvo. 4144 and 4148
Palo Alto Municipal Code 2.30.090
Ordinance No. 2420
Sheet 3 Of 3
~ _____ ........ r_7I1rIljSIl·"'''''''''''''· .. ,"''''.--. ----
., .
OlmIIII.!UfCE" NO.
ORDt:l(AirI:CE OP' TK2 cnm.cIt Ol' "1'H! CITY Of'" PALO ll'!'O
AHEWDD{G TBl: PALO Al.7'O .k'TlK!C1P.u. conE: ro ADD
P1t"JVlSIOPl$ ltEQ..RDI.NQ NOlmlSCJUMIHM'ION IN 'l"I!E Pt.R-
1"01UU.NCE OP Cl'tY COli'l'RACTS
The Coun~il D: t~e City Df Palo Alto doe. OROAIN as fo!l~~s:
Sl'.:C'tIOS 1. 'M' • .I!t Section 1. )t:l. C'9C' or the Palo .'-.!to Huni::-:i.;:.al
Code be a:aen~ ed to read as .follO'ooo'~:
~2.J(J~O~C ~It reaDOn~~ble bidder. Zr. a~~ition to price,
In ~ete~n~n; the 'lowest r.$pon.~ble·b~~der.' considerltio~
vill ba ~iYen to qu.&l:..ty I..ll~ perfo~nee o! t!'te .lJp?liu -to
~ purche~ed oz .e~ice~ providrd by ehe seller. Crite~il
!or ~.te=mini~; lQW bid .hall ir.clude. b~t not be li=l~@d to
the !ollewinli:
(I) 'I'he z.bHi't!', capill::ity and 10k-ill of the bilider. to
per!.:.rm the eor-tract or P~ilSe the ::oupplies or ~I!'r\'~ees
zequi.r-ee: .
~~l ~~e ability of the bidder to provide the lupplie!
or s.~ice. promptly~ or ~i~in ~e ~ sF4!io~tied. ~~~~out
delay or interferenoe.
(ll 'I'~e ch.racter. inte~:ity. reputation, judqment.
~rj.nce ar~ efficien~ of ~e bidder,
{4J ~.e ~lity of bidder's performance or. p~~viou$
pc~~ba,es or eootraet& vi~~ the city,
{5J Th~ Lbility o! th. bidder to p~id~ fut~re ~i~
tenanee, repa~ part •• ~ .ervice£ f6J:' th~ u,e of ~he .~pp11es
pu.rchall=ed.
(6) Current compliance by ~~e bi~dcr wi~ £_deral le~~
an~ exee~tlv_ orders and Stlte of Calj~or~la statute. g~vern-
1n; the .Ubj~~t Q! nen4iscri~nation i~ ~~lc~nt. prOVided
tMt the city lllanager .hall recog'l'lj:@ I. proof of' nonC:OfC:p.lianc-=
o~ly the fine 1 dec:i.i~~$ and ozaers of tho~e federal and
Sta.t,=, agencies "1IIpOYIe.r-ed 'IlDaer 'Ule 1a .. t.o :ulce s:~et· f~n.:Hn'15.
C7J Certtficltlon by the blader that he will p~T$Ue
&n·I~~i~t1ye eour •• of action 15 re~uirea ~1 affi~a~i\'£
aet.ion quidelines proviee.cl herf':!..nat:ter reasonably per:;a.il'l!.no:;.
toe t...."l.1!: 1o"'O"!'k of tlIe contract and to the nature a:.t! siz:1I!' o!" hill
wor~ !erce, to ens~re t~4t applieants Ire 5~u;h~ and e~?leyf':~.
an' ~h~~ employaes .~e treate~ d~T~n. e~plo~ent. ~~the~:;
re~IT~ t~ th~ir rl~e. eolor, natie~.: or~~~~ cr K~Ce$try, e:
=-e.!.i'3'i~l" ••
(al Qnaf':r thi~ pee:;ion. speei!"ie Jui~eli"es ~ill
~ adop~lI!'~ by council re$olctio~ trom time to time,
identitY~~9 the nlt~e anc sc=pe ef '&!firmlt~ve ~ction'
desired by tb~ City.
(bl b~~h gU~Q@l~nes Ih.ll ~ made .v~~leble to
.11 per~ons ~e~irl"q to ~~d en e~tr bUSlneSS,-
S[·:l".Ior; 2. '%"h4t SeetiOrl 2.30.0H bt: .. ~r:'!@d to the Pille ).lto
"2.)C'.0'3: Certifice.tl of nQn::':iserif!'lir.I:;:'cr'l. Eile~ b~c~",::-
5,"' ... 11 enC:::OSI!: Vl.tl1 },u; bl,.d ... C'e.:,tl!H:ate stil~inS" .... 'let,''leT
.''le ';s c~!':::ently .in cCJ~p!ia;'\et! \,'~';h tll !ed:e!'al .. r.~ St<l!.@ of
Ca:li!o!'r.ia laws covering nOlou;tlse::-';:ro:inatio:l 1-n ~?!e~~er-t, Ir'l':
t,..,.t he ... ill pursue an af'fi:rn.ative cou::;,~e of act.~o~ t5 !'eq".1-r!!C!
by a~fi~ma:;iyc ae~io~ ;uidtlines a! set forth in SectlCr.
2.)O.D~O and resolution! aC!opte~ purlu~nt thereto, In~ t~at
:..1: I"'il::;'ded the ecntt'l!et he \oIill n::Jt. d~lc::iminillte i:1 t!le el':1-
pl~lnt o~ an~ ~:so~ unC!er the cont.ract becau.~ of race,
I::ole::. na:oio .. lll ori.s;i.n Or ancestry. er reli\lior .. ef' suc~
p-=::-.sor., .:'Ie!: tbat .he ... :":"1 p.a:,U.oipa-:e, if requt'ste(!, i~ r-r~
a~''':r~ re\lie~' cf h1-:S qUll.li!ic.tions une!:er 1',0\l1-,ioll$ eof t!"l .. s
lection. 'rbe requi.rellients of tilts scct.ior. sholll ap;:>ly or.ly
to COntrActS in II!:lICloC5 o! five ttLausllnci (!o:'l.c.,ts fr:J:: servic.es
0;:' lor a comcination or IO;r.·,icC!.$ .. n:::! 5upplies.·
SECT!ON 1. That SeC'tietl 2 .lO. DJl be ad.ded t.o th.e palo 1.1 to
"2.JO, D9l -ltiu tor di.crill!iIl-l;Uor, in I!1nploYlU'nt. Any
eont:.ctc~ .~~11 be found l~ vl~l.tloo of the nondis-
erimJ.natie -i.,ioii. of the St .. t.. o! CalH:ornia '&i.r
I:l!lp'lo}"5ent ·.ic •• Act c:iz-.iailu· provisl..~r.s (If fede:-al
law O~ exe ~ oedar 1n the ~r[or.mance of any eo~trae~
wit.'" the e.:. th.:nb"! ab..all be found in. :ute rial :breae~
~! su~h eo~t.ract .n~ ther.u~~ the city shall have power
to canc~l er 6usp.~d th_ ~o~t~.ct, i~ Vhole or 1~ part, or
to deduct f:nm l:...'"Ie &mOunt ~y&ble tc;l .uer. cont:raC"t'Or t.l'!e
S~ of ~enty-!iv. d.ollar~ ($~S.~Ol tor each ~rson fer each
C5len~ar day duri~g ~hich s~ch person vaA d.i~crimjn.te~
.~a!nst, as dama~e5 for said br.aC'~ of co~tr.ct, or both.
Or.ly a fi~~i~9 o! the stat_ of ~.lifornia rair ~ptoyme~t
Pra-=~lC'es COl"hissiol:l Or the ltqUiva',ent federal ..... ncy or
o!fieer shall const~tute ~videnC'. of a vi~14tior. o~ eon~ract
~neer this .ee~ion.·
Hunici~&l ~odt to ~e4~ 8S foll~a:
·2.3~.093 P~n8ltles for vtolati~~ Q! ~!fi~.tjv •• etio~
p:ovis-ions-. Ally. contraetOo:r '''he shan ~ iOl,l.nd sy the: Cl. ty
~~na;er to be ~ viol.tio~ of his .9re~.nt to pursue an
af!izmative course Of aeticn or i~ violation of ar.y p.rcvision
~! t~e .!!i~tive aetioQ ~ide!in •• pert.ininq to bi5 eon~
t::.aCt s~411 be fOl'rd in fI\.Il;~erial breach of such eontract an~
the=e~pon the City shall b.ave pcwer to ~ancel or .u.~n~ th~
ecn~: .. ct, ir. 'W"hele 0:, ir, part, or t:o 4er:l!uc~ !.r= the a.m.ot;;nt
p4ya~le to suc~ co~trac~or tr,e S~ of t~ h~~are~ fifty
del lars ($~SO.OQ) to: eac~ calendar day duri~~ ~hich the
eontractor is fo~d to h ... be~n in noncomplia~e., as 4arn
a~es tor sai~ bresch of cor.tr.act, or ~oth.·
S~C:ION 5. ~his orein4nce shall bec~e effective thirty
days f~orn the r:l!ate c! its p •• s~~e.
I~RQDUCEO: Ma:cn H!, 1911&
PASSED: April :, l~"B
Arnr..lc;. Be~!':rs. Berw~lo:!, Clark, COlT>stock. Cooley, Dia::, Calla:l1e ••
Pe&r:so .... S,;Jaet:o" '\I.'hc;ztley
None
- 2 -
"'"
COMP!.'ANCI RiPORT Non·OiiCrlmln.llon Provl,IOnt 01 Pelf! Alto
Contrec11 -IMI"OIIT ANT
TIIII repott mut1 .. comp.IH Il'f jltlmt
CllMttcnDI tft(f _" IwKO'UraStor.
C ..... .,. .M .,. .... un .... glll,twI ..
iIlItr~. u.. ."UI ,I'IMU II
"e,",\afV. SUBMIT OR'GIN~ OF THill
IIfI"CI'IT OINc:'T\ II' TO!
OIfeGIOt g! I'vr .. n.",. "IYlt"
CIYlc een. ..
2DD Ht~lIon ...... n ....
1'110 AIIu. C'" "3D'
"'"' 1;0"'1110141 tile POllowlno:
,. Full ne" .. alia acid .... a' IIrm
,
PfO~ ______ _
NIIM of ~rlOft p'.~rjng lorm.
PII"on to "on,_.
SlIbc:onlrlClor
\
0' 0'''''' ""''''Ine unl\ ~11 ... ,td
by thi. ,. po",.
.. > """l.ll¢r~ Mir.mjI'oOll n;.~.onn .. l ~"rvio'
He! 7"\'mt~~'y f.r.,p:r.ot. ~,-160
san rraneis"". 0. 94104
2. Ne ...... '''~ .. a .. u of p,i".ipI'
If I Sha:c0f"l V S<-.;h\.V'u .. FxPcu'-i ..... ~ o iel' or 1"\"'I11"l&0"· ••• ')0 .. Vitp PI."fobi~nt
3. Na",. lnO Odd'NI. of pru\Clpll
olfiCl of company. _. > (""" .l:nve I
4. Nlm .. lI~d lIC1d ..... ai ~.r,,,,
cO""~."'V if In atfih,'Clilld 0 •• .., (liJt arf1lit..:.abl.,. ~
c.orpo r at10 M.
fli Nam •• "d .dC't,." 01 sui",.
~ntraetDr I~omp"'te only i1
,hi. il • Il.Ibco,,",VIC10r'.
ropart.
Ii. &'\lnO\"", ana t .... 01
B\I\hori.eCl repr ••• nta\IV' •.
o .... n, ~r 11.1992
Part U , .
s.6) No
: -'.
AftICI\ • "._nt Of V"~, .O,.".. .. y·. polley 0" equel ."",loylMlll
.,po~ , •• u ,.rwona withoUl "a-rd 10 'lOll. cr ... c!>\o'. n.~
... 'I .... r -_ttY .• fICI CI.~rlbo wtl81 '''1'' II.". _n 'alIe" TO pw' mil
policy InlO .ffI~. f' 1.£ AS~ S'ff Av,.>.c.tto.l)
,..". YO\j , ... mt,," yOV' o"mp."".1 ptKl"" '.',U"I '"1Ii811f01tnll.
In'Ort. Ot " ..... ,.... of your emplOy ... frvm OIWI )011 III __ , for
.... Id.".,. of • 1" __ 0' ~..,.n' pln.r" tnal mla~t • ..,.., to DO
OllGrimlnMOry 1M ba* 1,J1*1-'. religIOn or ~011ll1 OIlflnl A,,1My
nonolwlmlnatory?
Ocr yOv h .... od,,",""": Or 1'01111118 "Oll"ml "1'111110'811 Of nn.nt:e~ far
UIt DO",1It 01 __ 10" ... O. pro.~". employee,.
•
\JJC1!-I) i't.oc.£S .. I"'Go, TU-To!l,"" •. UfA-~ mlny ,..pll ,.r,'.lpa •• in ...... ,I'''V,.-1 ?Roc?'~
b._ How mlll1Y .... !ftlllOrit~.' -t-J I f.Or
... VII ® Poel YOy. holp _maG IIdvln'-lnll nat. .ha, YOu "'. an Iqlll1
Ollpomlnfty Implo.,..,'
6/C~ No At. ,"y appfentlce. Ot)itl:lned fromt:Ol.lrCQ OW1~. tne .mplov.r', wGOc; ~ !Or.,l If y ••• hi ..... yo. O"OU!etIC ",fo'"","oll IUOIII 'PP"n\I.""j~
OPt"I"8" ... ~ppo,,"n~~. u> ,lit follOw;",.
~. (. Fol. nr(>\Poe~ <.!.!!I He Stili EmplOY""'" Off"". ft:~c"na.. .:k,e~ )
@NO
@NII
@No I,.~CII' trade or .. OC.,IQlnll ",nov"., l~l\olQlln; t'P'loil wltn
minortty "fa I"I{J .~",a..r'I".
"V'rlC" .ndlo, oreanl .. tlOn .p .... I .. ,"; in mlnorlW
e"", loy"'" "1
·2-
-
Yes No Federal or State apprenticeship representatives.
Who?
Other. ________________ ~-------.-----------
6. Yes No If you are a prime contractor ha .... e a!! subcontractors covered' by these
compliance inspection reports been instructed as to their contractual
ob{igations relating to non-discrimination provisions of City cf Palo AltO
Contracts?
"'/ It
8.
Part lV
bplain _________________________________ __
Have all recruitment Soutces b.ceen advised that en qualified applicants
will receive consideratior. tor employment wirhout regard to jace, color,
cre-e.d or nationat origin?
ldentify (r'lsmes and addresses! the employment agencies. personftel
recruitment organizations, newspaper adven:isrng or other non-union
sources from which the company recruits its personnel.
,. Yes ,./No Have you a co\!ective bargaining agreement with a !anor union or other
'-/ organization?
/1 yes, specify the Union(51 or organization{s)
-3-
0·· nr .... oa .,----
\
,~
~
.. -..,
2. Yo. No) Have you &<Ivised th. labor union and lor worker organization of the
~ companyrs responsiblJity under the non-discrimination prcvisiGIiS of City
Contracts. N ! ~
3. ~ % Apprcximslt1ly what percentage of your employees co .... ered by union
agreements are reletled b..,· or hired throus" the Lmions?
4. Yes No
r''';~
Explain procedure lor hirinll belance. __ t_,.:./...;J.:,:,.',,' ________ _
Doe.s the company's colleCtive bargaining agreement or other contract
or understanding with a labor union (01 unions} or other worker's
organization ir.clude a provision for non-discrimination in employment?
,-" 5. Yes No ' Is there any iabor union or worker's organization poncy which prevents
.. ---/ YOL.: from fulfilling your oblrgatiorlS under the non-discrimination
provisions of Cit'; contracts? If so, specify. __________ _
6. Yes-No Specify the trade's} or craft(s) involved in this contract.
7. Use this space for comment on any answers you have suppried.
-4-
---------
..
11/17192 "". , , ' .....
.... m. ,1 ~ ~18nP,G) ~'~HCh"-'
PQ"C.~""e6-""~~,~.
II;~' •• ' , __________ _
DAn 11-/7-q 2-'-
--------~-----------
I I -2;' 1!64ImlC.~ mllll,l'''P ~Of V111 prOj~L. -NoT • .......,. ... ~6ct'
f I .,s. Mt....,wy .... .,. ,.' _______ , 9_. 1h,lD,rdl Qnog. por mo-nth ,gr a~rl~lon 91 ~Q;I\i'. ~1"
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AFFIRMATIVE ACTION POUCY STATEMENT -1992
One of Wollborg/Mic-hcl5oo's major objectives is to follo\.l<" the spirit and the letter of the
law and to maintain a reputatJon for high standards of business. Creative employees are our
most imponant resource and the basis for ou: success. We seek an em-ironment
characterized by respect for the i!idividual where cultural and ethnic diversity are blended
by teamwork into a harmonious work. force.
GffiOELINES
Equal employment opportunity is adopted to ensure the rights and dignit) of e-ach person.
Human Resources decisions shall be free of discrimination.
All Human Resollrces actions, rncluding recruitment, selection, t.rammg. compensation,
promotion,. and recreation, shall be ba<;ed upon ind!vicluaI initiative, lnter.:sts. abiliry, and
performance.
All persons shall enjoy the benefits. of decision which are free of discrimination or
harassment on toe grounds of race, religlous creed, color, national origin. ancestry, pbysical
handicap, medical condition., marital status, sex. age, or veteran stanIS.
RESPONSIBILITY
John Pulsipher, Jr.., ?re~ider:lt. is respon51ble for Affirmative Action Programs.
Sharon Schuetz, Vice President, is designated Administrator of Equal Employm:m
Opportunity Programs, and is responsible for coordinating Affinruttive Action Programs.
Managers and supervisors are re~ponsiliie for maintaining a discrimination-free work
environment.
Employees share the responsibility for mutual understanding and a spirit of cooperation.
John L Pulsipher, Jr.
President
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CTK INSURANCE SERVICES
P.o. Box 17669
Anabelm, CA f2817
WOLLBORGIMICHELSON PERSONNEL
SER"lCE, INC.
120 Mon1lomery St ... #2460
San F~ncisco, CA 94104
ALL OPERATIONS OF THE NA\1ED P.\Sl'fRED
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