HomeMy WebLinkAbout03 - CC-4 - Traffic Management Services Agreement w/ - 7/19/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 19, 2016 ITEM NUMBER: CC -4
SUBJECT: TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION.
DATE: JUNE 15, 2016
FROM: POLICE DEPARTMENT- SUPPORT SERVICES DIVISION
PRESENTATION BY: ZACK HOFERITZA, SGT.
TRAFFIC SAFETY BUREAU, SPECIAL EVENTS 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 all designated Interim Events of the
Orange County Fair and Exposition Center. Authorize the Chief Executive Officer, or his designee,
to sign the contract. The term of the agreement is April 1, 2016 through March 31, 2017 and the
maximum amount shall not to exceed seventy thousand dollars ($70,000).
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
interim events at the Orange County Fair and Exposition Center.
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 all interim events which will occur during
2016 and the first quarter of 2017 at the Orange County Fairgrounds and Exposition Center.
The contract exclusively covers payment to Police Department personnel involved in traffic
management activities during these events, which will be scheduled from April 1, 2016 through
March 31, 2017. The contract is not to exceed seventy thousand dollars ($70,000).
Cost estimates are based on the City of Costa Mesa Administrative Regulation governing
special event rates per employee, (A.R. 2.13 Section 1-4).
The 2016 contract services include:
1. To provide and coordinate traffic management services during Year -Round Events at the
OC Fair & Events Center.
2. Provide officers for large-scale events, where there is a high volume of automobile
and/or pedestrian traffic.
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 service
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 32nd 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 Interim Events at the Orange
County Fairgrounds and Exposition Center. Approval is necessary to process billing for
services with this State Agency.
ZACK HOFERITZA
Traffic Safety 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"
2 State of California "Standard Agreement"
CITY OF COSTA MESA
CALIFORNIA 92628-1200 P O BOX 1200
REQUEST FOR POLICE SERVICE
Description of event: Orange County Fair and Exposition Center/32"d Agricitural Association Interim. AsZreement
Date of event: April 1. 2016 throu6h March 3-I, 2017 Time of event: Varied
Exact location of event: Street 88 Fair Drive, Costa Mesa Ca 92626 (Orantre Coanty 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
Center, 88 Fair Dr Costa Mesa Ca 92626
To the attention of- R -e 4 Ee1c�E7 __�
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
DETERMINATIOWSPECIAL 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, materiahnen, 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: (orSigned: -- --
Mail Police Department and Finance Department copies to:
Costa Mesa Police Department
P.O. Box 1200
Costa Mesa. CA 92628
2925-42 PD34 White Copy — Porica: Yellow Copy —Contractor: Pink Copy -- Finance Department
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:
---.-..-�pe�[al--------'-
Event
Event
Straight
Overtime
Straight
Overtime
Other City Positions
Time t
Rates
Flre/Police Positions
Time 1
Rate
Animal Control Officer
$ 84.26
$ 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
102.58
Firefighter (Paramedic)
84.46
111.62
Combination Inspector
813.96
110.93
Firefighter
75.43
99.57
Comm u nicatlons 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
N/A
N/A
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 II
75,51
93.83
Police Officer (Motorcycle)
94.97
126.01
Equipment Mechanic III
80.71
100.45
Police Officer
91.08
120.80
Facilities & Equipment Supervisor
108.37
135.63
Pollce Reserve Officer
53.57
73.85
Facilities Maintenance Technician
73.58
91.37
Police Recruit
37,44
51.62
General Aide 11
18.20
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
60.79
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.
2 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:
UL
Interim Director of Finance
Annroved hv:
Bold items - Positions not authorized In 15/16 Master Position Control (Preliminary Budget).
F:\FINANCEIBUDGE'RBudget\Special Event Hourly RateslFY 15-161FY 15-16 WkshtsDB
S1 aTE OF CALIFORNIA
i'ANDARD AGREEMENT R 4t F
STD 213 (Rev 06103) AGREEMENT NUMBER
SA-217-16YR
REGISTRATION NUMBER
1, This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION
CONTRACTOR'S NAME
COSTA MESA POLICE DEPARTMENT
2. The term of this 04101/16 through 03/31/17 FED ID: 95-6005030
Agreement is:
3. The maximum amount $70,000.00
of this Agreement is:
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 Page 1 -- 2
designated Year -Round Events for the OC Fair & Event Center. See Page 2 for additional
Exhibit B — Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 3
Exhibit C — General Terms and Conditions (Attached hereto as part of this agreement) Pages 4 — 6
Check mark one item below as Exhibit D:
eExhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Pages 7 — 9
❑ Exhibit - D* Special Terms and Conditions
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 individuai, state whether a corporation, partnership, etc.)
COSTA MESA POLICE DEPARTMENT
BY {Authorized Sign DATE SIGNED nu nur rt�r)
710IIt
PRINTED NAME AND TITLE Or PERSON SIGNING
Robert Sharpnack, Police Chief
ADDRESS
P.O. Box 1200, Costa Mesa, CA 92626
(714) 754-5115
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION
BY (Authorized Signature)
PRINTED 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
DATE SIGNED(ft„ nor i.q)o
California Department of General
Services Use Only
❑ Exempt per:
SA-217-16YR
COSTA MESA POLICE DEPARTMENT
PAGE 2 of 9
EXHIBIT A — SCOPE OF WORK
FAI
`IGEN (EMN
CONTRACTOR AGREES:
1. To provide and coordinate traffic management services during designated Year -Round Events at the OC Fair & Event
Center.
2. To provide officers for large-scale events, where there is a high volume of automobile and/or pedestrian traffic.
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, shift start and
end time, hours worked and employee's hourly 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:
1. To notify Contractor in advance of requested services.
2. 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 SEVENTY THOUSAND DOLLARS ($70,000.00).
3. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and upon
receipt of proper invoice.
-End Exhibit A-
Sp •21 ?-16YR ,
Cr STA MESA POLICE DEPARTMENT 1 '
PAGE 3 of 9 y� �,
EXHIBIT B -- BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-30
PAYMENT PROVISIONS:
Payment will be Net 30 based upon satisfactory completion of services herein required and upon receipt of proper
invoice.
Invoicing shall include the event name for which services were rendered as well as employee names, shift start and end
time, hours worked and employee's hourly rate. When possible, invoices for services shall be submitted within 72 hours
following each event.
Invoices may be sent via email to AP(cDocfair.com or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
-End Exhibit B-
SA-217-16YR `9 1
COSTA MESA POLICE DEPARTMENT
PAGE 4 of 9 ,
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).
6. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District
Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and
employees from and against all claims, damages, losses, and expenses, of every kind, nature and description
(including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or
in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of
negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any
state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With
Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to
have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in
no event shall Contractor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC
Fair & Event Center, or the State with respect to the sole negligence or willful misconduct of the 32nd District
Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents
(excluding the Lessee herein, or any of 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.
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
SA -337141E
COSTA MESA POLICE DEPARTMENT
PAGE 5 of 9
EXHIBIT C — GENERAL TERMS AND CONDITIONS (CONT.)
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.
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
SA -33-141E
COSTA MESA POLICE DEPARTMENT
PAGE 6of9
EXHIBIT C — GENERAL TERMS AND CONDITIONS (CONT.)
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.)
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 -3 %141 E
COSTA MESA POLICE DEPARTMENT
PAGE 7 of 9
EXHIBIT D — SPECIAL TERMS AND CONDITIONS
CCC -307 CERTIFICATION
m
E, p
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 Finn 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.)
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.
SA -33-141E Im
COSTA MESA POLICE DEPARTMENT
PAGE 8 of 9
EXHIBIT D — SPECIAL TERMS AND CONDITIONS (CONT.)
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.
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.
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EXHIBIT D — SPECIAL TERMS AND CONDITIONS (CONT.)
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.
S. 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.
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-