HomeMy WebLinkAbout09 - CC-9 - Traffic Management Services Agreement w/ - 7/5/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 5, 2016 ITEM NUMBER: CC -9
SUBJECT: TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION.
DATE: JUNE 15, 2016
FROM: POLICE DEPARTMENT - FIELD OPERATIONS DIVISION
PRESENTATION BY: ZACK HOFERITZA, SGT.
SPECIAL SERVICES BUREAU, SPECIAL POLICE SERVICES SUPERVISOR
FOR FURTHER INFORMATION CONTACT: ZACK HOFERITZA, SGT.
(714) 754-5125
RECOMMENDED ACTION:
Approve the 2016 contract for traffic management services between the Costa Mesa Police
Department and the 32nd District Agricultural Association for the Orange County Fair. Authorize the
Chief Executive Officer, or his designee, to sign the contract. The term of the agreement is July
15th, 2016, through August 14, 2016, and the maximum amount shall not to exceed $365,000.
BACKGROUND:
Each year, the Police Department enters into a contract agreement to provide traffic
management services to the 32nd District Agricultural Association. This contract only applies to
the annual Orange County Fair.
The State of California requires the governing agency (City Council) to approve all contracts
before payment can be made.
ANALYSIS:
The Costa Mesa Police Department requests to enter into a contract with the 32nd District
Agricultural Association for traffic management during the 2016 Orange County Fair at the
Orange County Fairgrounds and Exposition Center. The contract exclusively covers payment to
Police Department personnel involved in traffic management during the Fair, which is scheduled
from July 15, 2016, through August 14, 2016. The contract is not to exceed three hundred sixty-
five thousand dollars ($365,000).
Cost estimates are based on the City of Costa Mesa Administrative Regulation governing
special event rates per employee (A.R. 2.13).
The 2016 contract services include:
1. To provide and coordinate traffic management services for the 2016 Orange County Fair
at the OC Fair & Events Center.
2. To attend pre -Fair and post -Fair meetings with District Staff.
3. To control or "pickle" traffic lights in unison with the efforts of the District's Parking
Department.
4. To close city streets in unison with the efforts of the District's Parking Department.
Contractor to update signage boards to reflect street closures and directional information
in conjunction with Districts Parking Department.
5. To provide a summary report of field operations, including a description of services
performed by field officers.
6. The dates, times, and number of police personnel required will be mutually determined
by the Costa Mesa Police Department and District Management.
ALTERNATIVES CONSIDERED:
None
FISCAL REVIEW:
The 32"d District Agricultural Association reimburses all personnel costs for the City traffic
management services at the Orange County Fairgrounds and Exposition Center.
LEGAL REVIEW:
The City Attorney's Office has reviewed the contract and has approved it as to form and content.
CONCLUSION:
Staff recommends approval of the contract covering the annual Orange County Fair at the
Orange County Fairgrounds and Exposition Center. Approval is necessary to process billing for
services with this State Agency.
ZACK HOFERITZA
Special Services Bureau,
Special Police Services
STEPHEN DUNIVENT
Interim Finance Director
DISTRIBUTION: City Manager
City Attorney
Finance Director
City Clerk
ROBERT SHARPNACK
Chief of Police
TOM DUARTE
City Attorney
ATTACHMENTS: 1 "City of Costa Mesa Request for Police Service" State
2 of California "Standard Aareement SA-197-16FT"
FA
CITY OF COSTA MESA
CALIFORNIA 92626-3200 P O. BOX 1200
REQUEST FOR POLICE SERVICE
Description of event: 2016 Orange Coun Fair
Date of event: Jule 15th, 2016 through August 141, 2016 Time of event: Varied
Exact location of event: Street 88 Fair Drivel Costa Mesa, Ca 92626 (Orange County Fairgrounds)
Building Various Room
Name of person to contact: Kathy Kramer Ph # 714-708-1514
Number of Police personnel required: Uniform As needed for event Plainclothes As needed
Name and address of party to be billed: 32" District Agricultural Association/ O.C. Fair and Exposition Cente
88 Fair Dr, Costa Mesa, Ca 92626
To the attention of: R@boee-a-[4 week V,gA Al 'v"tl
We understand that we are to be billed no more than the maximum rate of $ 152.83 per hour of service rendered.
Each City employment position will be billed at current rates established in the attached RATE
DETERMINATION/SPECIAL EVENT SERVICES (Per A.R. 2.13). There will also be prearranged minimum number of
hours identified For employment of City personnel. The Special Event employment position rates may be adjusted at any
time by Costa Mesa City Officials based on new salary negotiations.
Please do not pay For this service until you are billed by the City of Costa Mesa.
Indemnity and Insurance Clause, Please Read:
1. "The contractor agrees to indemnify, defend and save harmless the City, its officers, agents and employees from
any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialrnen, laborers and any
other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the
performance of this contract, and From any and all claims and losses accruing or resulting to any person, firm, or -
corporation who may be injured or damaged by the Contractor in the performance of this contract. The Contractor shall
provide necessary Workman's Compensation Insurance at Contractor's own cost and expense."
2- Contractor agrees to maintain liability insurance in amounts satisfactory to City and to provide the City a
certificate designating the City as a joint insured under Contractor's policy.
Dated:—�IT�t' Signed:
Mail Police Department and Finance Department copies to:
Costa Mesa Police Department r`
P-0. Box 1200
Costa Mesa, CA 92628
2925-42 PD34 White Copy — Pohce. Yellow Copy— Contractors, Pink Copy -- Finance Department
r
CITY OF COSTA MESA
RATE DETERMINATION
Effective: July 1, 2015
In accordance with Administrative Regulation 2.13, the following Is a list of frequently requested hourly rates:
85.76
106.86
Communications Supervisor
97.81
122.20
Event
134.70
179.45
Event
72.08
Straight
Overtime
114.98
Straight
Overtime
Other City Positions
Time 1
Rate 2
Fire/Police Positions
Time '
Rate 2
Animal Control Officer
$ B4.26
$ 104.96
Battalion Chief
$ 117.19
$ 152.97
Assistant Engineer
103.19
129.04
Fire Captain
97,36
128.83
Associate Engineer
120.57
151.14
Fire Engineer
85.60
113.14
Code Enforcement Officer
82.38
102.56
Firefighter (Paramedic)
84,46
111.62
Combination Inspector
88.96
110.93
Firefighter
75.43
99.57
Communications Officer
85.76
106.86
Communications Supervisor
97.81
122.20
Police Lieutenant
134.70
179.45
Community Services Specialist
72.08
89.46
Police Sergeant (Motorcycle)
114.98
152.83
Construction Inspector
88.96
110.93
Police Sergeant
110.24
146.48
Crime Prevention Specialist
82.76
103.05
Police Corporal
NIA
NIA
Crime Scene Specialist
85.49
106.52
Senior Police Officer (Motorcycle)
99.54
132.13
Custody Officer
81.33
101.23
Senior Police Officer
95.46
126.66
Equipment Mechanic 11
75.51
93.83
Police Officer (Motorcycle)
94.97
126.01
Equipment Mechanic 111
80.71
100.45
Police Officer
91.08
120.80
Facilities & Equipment Supervisor
108.37
135.63
Police Reserve Officer
53.57
73.85
Facilities Maintenance Technician
73.58
91.37
Police Recruit
37.44
51.62
General Aide 11
1 B.20
24.84
Police Support Services Reserve
22.71
31.31
Lead Equipment Mechanic
89.96
112.21
Police Aide
17.54
24.18
Lead Maintenance Worker
85.04
105.95
Maintenance Assistant
50.79
75.10
Maintenance Services Manager
152.50
188.66
Maintenance Supervisor
98.34
122.86
Maintenance Worker
66.30
82.11
Office Specialist 1
69.02
72.84
Office Specialist II
62.98
77.89
Senior Maintenance Worker
71.43
88.64
Note - Rates are based on most recent applicable Memorandums of Understanding.
' Includes annual salary at top step, other compensation, benefits, overhead and administrative costs divided by
1,800 (productive) hours/annually. For Fire/Police positions, overhead and adminstrative costs are excluded and
use a 2,080 hour base.
' Includes straight time hourly rate, plus 1/2 of the basic rate [(annual salary, other compensation, workers'
comensatlon, and medicare) divided by 2,080 hours, Other benefits, overhead and administrative costs are
Submitted by:
Interim Director of Finance
Approved by:
4 R
hief Executive Officer
Dale: YZ E
Bold Items - Positions not authorized In 15116 Master Position Control (Preliminary Budget).
F:\FINANCE\BUDGET1Budge6Special Event Hourly RateslFY 15-161FY 15-16 WkslltsDB
-STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
AGREEMENT NUMBER
SA-197-16FT
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION
CONTRACTOR'S NAME
COSTA MESA POLICE DEPARTMENT
2. The term of this 06/01/16 through 09/30/16 FED ID: 95-6005030
Agreement is:
3. The maximum amount
of this Agreement is: $365,000.00
F
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A — Scope of Work — To provide and coordinate traffic management services during the Page 1-2
2016 OC Fair. See page 2 for additional details.
Exhibit B — Budget Detail and Payment Provisions (Attached hereto as part of this agreement)
Exhibit C — General Terms and Conditions (Attached hereto as part of this agreement)
Check mark one item below as Exhibit D:
xhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
❑ Exhibit - D* Special Terms and Conditions
Page 3
Pages 4-7
Pages 8-11
Items shown with an Asterisk (`), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ots.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
COSTA MESA POLICE DEPARTMENT
BY ( _7DATE SIGNED( o not type)
.ES
PRINTED NAME AND TITLE OF PERSON SIGNING 142
Robert N. Sharpnack, Chief of Police
ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION
BY (Authorized Si ure) DATE SIGNED(Do not pe
PRIfED NAME AND TITLE OF PERSON SIGNING
Kathy Kramer, CFE, CMP, Chief Executive Officer or
Ken Karns, Vice President, Operations
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
California Department of General
Services Use Only
❑ Exempt per:
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT
PAGE 2 of 11
EXHIBIT A — SCOPE OF WORK
CONTRACTOR AGREES:
To provide and coordinate traffic management service for the 2016 OC Fair at the OC Fair and Event Center.
2. To attend a pre -Fair meeting with District staff in June 2016, a post -Fair meeting with District staff in September
2016, and other meetings during the 2016 OC Fair as determined necessary by the District. Meeting times and
locations shall be mutually agreed upon by Contractor and the District.
3. To control or "pickle" traffic lights in unison with the efforts of the District's Parking Department.
4. To close city streets in unison with the efforts of the District's Parking Department. Contractor to update signage
boards to reflect street closures and directional information in conjunction with the District's Parking Department.
5. To provide a summary report of field operations, including a description of services performed by field officers.
6. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police
Department and District Management.
7. Invoicing shall include the event name for which services were rendered as well as employee names/titles, shift
start and end time, hours worked and employee's hour rate.
8. The District reserves the right to terminate any contract at any time by giving the Contractor notice in writing at
least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve
the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
To notify Contractor in advance of requested services.
Contractor to be paid according to Costa Mesa Police Department fee schedule not to exceed maximum rate of
$152.83 per service hour. Total amount not to exceed THREE HUNDRED SIXTY FIVE THOUSAND DOLLARS
($365,000).
3. Payment will be made no more than thirty (30) days after satisfactory completion of services herein required and
upon receipt of proper itemized invoice.
-End Exhibit A-
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT
PAGE 3 of 11'
EXHIBIT B — BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoice shall be itemized and contain the District's Purchase Order number. Invoice may be sent via email to
AP@ocfair.com or mailed as follows:
-End Exhibit B-
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT
PAGE 4 of 11 A iia t
EXHIBIT C — GENERAL TERMS AND CONDITIONS
GTC 610
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General
Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in
the form of a formal written amendment.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits,
or their designated representative shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896).
5. INDEMNIFICATION:
Purchaser and Producer agree to indemnify, defend and hold harmless each other and their officers, employees
and agents from and against any liability, loss, expense (including reasonable attorneys' fees) or claim for injury or
damages arising out of the performance of this Agreement, but only to the extent resulting from the negligence or
willful misconduct of the indemnifying party, its employees, or agents.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the
requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the
State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be
deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an
independent capacity and not as officers or employees or agents of the State.
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT
PAGES of 11'�
EXHIBIT C — GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post
consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section
12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract
Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective bargaining or other
Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by
reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's
expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so
provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of
a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out
below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials
by the State or any of its political subdivisions or public agencies on whose behalf the Attorney
General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
SA-197-16-FTrYN
COSTA MESA POLICE DEPARTMENT
PAGE 6 of 11'(�� �.
EXHIBIT C — GENERAL TERMS AND CONDITIONS (CONT.)
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it
will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the time the purchasing body tenders
final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary
recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any
portion of the recovery, including treble damages, attributable to overcharges that were paid by the
assignor but were not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign
the cause of action assigned under this part if the assignor has been or may have been injured by the
violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or
(b) the assignee declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with
all applicable state and federal laws relating to child and family support enforcement, including, but not
limited to, disclosure of information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling
vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor
must within 60 days of receiving final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department the actual percentage of small
business participation that was achieved. (Govt. Code § 14841.)
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT C
PAGE 7 of 11 12 1;i;
EXHIBIT C — GENERAL TERMS AND CONDITIONS (CONT.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)
participation, then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding
department: (1) the total amount the prime Contractor received under the Contract; (2) the name and
address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE
received from the prime Contractor; (4) that all payments under the Contract have been made to the
DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets.
Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is
incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product
as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT
PAGE 8 of 11
EXHIBIT D — SPECIAL TERMS AND CONDITIONS
CCC -307 CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the
prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
City of Costa Mesa
95-6005030
By (Authorized Signature)
Printed Name and Title of Person Signing
Thomas R. Hatch, City CEO
Date Executed
Executed in the County of
Orange
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990
(a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession
or use of a controlled substance is prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii, agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the Contractor has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period because of Contractor's
failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National
Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
SA -197 -16 -FT
COSTA MESA POLICE DEPARTMENT _
PAGE 9 of 11L+? ,
EXHIBIT D — SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and
Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services
during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the
firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less
than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be
taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within
the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of
California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive
forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under
penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California
Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section
6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the
contractor's compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is
in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST:
Contractor needs to be aware of the following provisions regarding current or former state employees. If
Contractor has any questions on the status of any person rendering services or involved with the Agreement, the
awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
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EXHIBIT D — SPECIAL TERMS AND CONDITIONS (CONT.)
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may
enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements
or any part of the decision-making process relevant to the contract while employed in any capacity by any state
agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee
may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within the 12 -month period prior to his or her
leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement
void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per diem.
(Pub. Contract Code §10430 (e)
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to
comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal
documentation of the name change the State will process the amendment. Payment of invoices presented with a
new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be
verifying that the contractor is currently qualified to do business in California in order to ensure that all
obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose
of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will
a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing
in order to be qualified to do business in California. Agencies will determine whether a corporation is in
good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion,
or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing
execution of the agreement.
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EXHIBIT D — SPECIAL TERMS AND CONDITIONS (CONT.)
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist
order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge
requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law
relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-