HomeMy WebLinkAbout- CC-5 - Traffic Management Services with 32nd Di - 4/17/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: April 17th, 2012 ITEM NUMBER: CC-5
SUBJECT: TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION.
DATE: APRIL 5TH, 2012
FROM: POLICE DEPARTMENT- SUPPORT SERVICES DIVISION
PRESENTATION BY: GREG SCOTT, SGT.
TRAFFIC SAFETY BUREAU, SPECIAL POLICE SERVICES SUPERVISOR
FOR FURTHER INFORMATION CONTACT: GREG SCOTT, SGT
(714) 754-5266
RECOMMENDED ACTION:
Approve the 2012 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 13,
2012 through August 12, 2012 and the maximum amount is $380,000.
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 authorization to enter into a contract with the 32Id
District Agricultural Association for traffic management during the 2012 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
runs from July 13, 2011 through August 12, 2012. The contract is not to exceed three hundred
and eighty thousand dollars ($380,000).
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 2012 contract services include:
1. Coordinating traffic control and parking for all entering and exiting the Fairgrounds.
2. Provide safety for all pedestrians entering the roadway for purposes of attending the
Fair.
3. Street closures when necessary, providing alternate routes.
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 Orange County Fair at the
Orange County Fairgrounds and Exposition Center. Approval is necessary to process billing for
services.with this State Agency.
U#r— rt
VIM GAZSI
GREG SCOTT
Traffic Safety Bureau, Special Police
Services
BOBBY G
Finance & I.T. Director
DISTRIBUTION:
City Manager
City Attorney
Finance Director
City Clerk
Chief of Police
City Attorney
ATTACHMENTS: 1 "City of Costa Mesa Request for Police
Service'
2 State of California "Standard Agreement"
2
CITY OF COSTA MESA
CALIFORNIA 92628-1200 P.O. BOX 1200
REQUEST FOR POLICE SERVICE
Description of event: 2012 Orange County Fair
Date of event: July 13th, 2012 through August 12t", 2012 Time of event: Varied
Exact location of event: Street 88 Fair Drive, Costa Mesa, Ca 92626 (Orange County Fairgrounds)
Building
Room
Name of person to contact: Jerome Hoban (VP- Operations) 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"a District Agricultural Association/ O C Fair and Exposition
Center, 88 Fair Dr, Costa Mesa, Ca 92626
To the attention of: Kristen Mason
We understand that we are to be billed no more than the maximum rate of $ 136.10 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, materialmen, 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 ajoint insured under Contractor's policy.
Dated: 4-5-2012 Signed:
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 — Police. yellow Copy — Contractor; Pink Copy— Finance Department
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
AGREEMENTNUMBER
SA-33-12FT
REGISTRATION NUMBER
1193350
1. This Agreement is entered into between the State Agency and the Contractor named below:
32ND DISTRICT AGRICULTURAL ASSOCIATION
COSTA MESA POLICE DEPARTMENT
2. The term of this 07/13/12 through 08/12/12 FED ID: 95.6005030
Agreement is:
3. The maximum amount $380,000.00
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 at the Page 1 —2
2012 OC Fair. See Page 2 for additional detail.
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 — 7
Check mark one item below as Exhibit D:
e❑ Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Pages 8 — 11
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.ols.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 11
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Tom Gaszi, Police Chief
ADDRESS
P.O. Box 1200, Costa Mesa, CA 92626
(714) 754-5115
STATE OF CALIFORNIA
AGENCYNAME
32ND DIST11191GRICULTURAL ASSOCIATION
BY (Authorized Sig t DATE SIG ED(Don ttype)
&, �.A I �
OF
S :I
ADDRESS
I SIGNING
& CEO
88 Fair Drive, Costa Mesg, CA 92626
11a Department of General
Services Use Only
❑ Exempt per:
SA-33-12FT
COSTA MESA POLICE DEPARTMENT
PAGE
EXHIBIT A — SCOPE OF WORK
CU.. TRACTOR AGREES:
1. To provide and coordinate traffic management services at the 2012 OC Fair.
2. The times and number of police personnel required are to be mutually determined by the Costa Mesa Police
Department Traffic Bureau and District Management.
3, 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.
STATE AGREES:
1. Contractor to be paid according to Costa Mesa Police Department fee schedule not to exceed maximum rate of
$159.96 per service hour. Total amount not to exceed THREE HUNDRED EIGHTY THOUSAND DOLLARS
($380,000.00).
2. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and upon
receipt of proper invoice.
SA-33-12FT
COSTA MESA POLICE DEPARTMENT
PAGE 3
EXHIBIT B — BUDGET DETAIL & PAYMENT PROVISIONS
Bl.—GET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Net 30 upon satisfactory completion of services herein required and receipt of proper invoice.
All invoices are to be itemized, contain the District's Purchase Order (PO) number 42927 and be addressed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
GTC 610
EXHIBIT C — GENERAL TERMS AND CONDITIONS
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: Neither STATE nor any officer or employee thereof is responsible for
any injury, damage or liability occurring by reason of anything done or omitted to be done by
CITY, its agents, employees, officers or volunteers, under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY
shall frilly defend, indemnify and save harmless STATE and all of its officers, employees and
volunteers, from all claims, suits or actions of every name, kind and description brought forth
tuider, including, but not limited to, tortious, contractual, and other theories or assertions of
liability occurring by reason of anything done or omitted to be done by CITY, its agents,
employees, officers or volunteers, under this Agreement.
Neither CITY nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by STATE, its agents,
employees, officers or volunteers, under or in connection with any work, authority or jurisdiction
arising under this Agreement. It is tnderstood and agreed that STATE shall fully defend,
indemnify and save harmless the CITY and all of its officers, employees and volunteers, from all
claims, suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE, its agents, employees, officers or
volunteers, under this Agreement.
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 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:
1) '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.
2) '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 tinder 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
folly 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).)
S AADMIN�HOMEPAGEMC-610. doc
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 tinder the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
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:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and,
2) 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.
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 wwwAir.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.
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.
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.