CITY OF SANTA CLARA
AGENDA MATERIAL ROUTE SHEET
Council Date: May 6, 2014
SUBJECT: Approval of Standard Agreement with the California Highway Patrol for Traffic Control Related Services for Levi's Stadium Events
PUBLICATION REQUIRED:
The attached Notice/Resolution/Ordinance is to be published time(s) at least days before the scheduled meeting/public hearing/bid opening/etc., which is scheduled for , 20_.
AUTHORITY SOURCE FOR PUBLICATION REQUIREMENT:
Federal Codes: California Codes:
Title U.S,C. § Code §
(Tides run 1 through SO) (i.e., Government Street and Highway, Public Resources) Federal Regulations: California Regulations:
Title §
Title California Code of Regulations § (Titles run 1 through SO) (Titles run 1 through 28) City Regulations:
City Charter § City Code §
(Le., 1310. Public Works Contracts. Notice published at least once at least ten days before bid opening) Reviewed and approved:
As to City Functions, by
As to Legality, by
As to Environmental Impact Requirements, by
CitfidOmey's Office/CAO Assign. No Ili,
41 6's Dire tor of Planning and Inspection
As to Substance, by
Rev. Date 01-03-13 I: \AGENDA1AGENDA ROUTE S1-IEETS1Standard CLIP Agreement 5-6-14.doe Safety, Service, and Security An Internationally Accredited Agency State of California—Transportauon Agency EDMUND G. BROWN Jr., Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Business Services Section
Contract Services Unit
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3610
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 27, 2014
City of Santa Clara (Santa Clara Police Department)
601 El Camino Real
Santa Clara, CA 95050 AcITO
Subject: Agreement Agreement Number 14R340002-0
Complete the following marked item(s) and return to the above address within ten (10) business days:
STD. 213, Standard Agreement with attached exhibits. Sign the first page of the STD. 213, sign the additional single STD. 213, and return both copies.
STD. 213A, Standard Agreement Amendment. Sign the first page of the STD. 213A, sign the additional single STD. 213A, and return both copies.
STD. 210, Short Form Contract. Sign and return both copies.
Letter of Agreement. Sign and return both copies.
STD. 204, Payee Data Record. Complete and return.
CCC, Contractor Certification Clauses. Complete and return.
Obtain and forward the liability insurance certificate required by the terms of the Agreement.
Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.
STD. 807, Payment Bond. Complete and return one copy.
CHP 28, Voluntary Statistical Data. Complete and return.
Other:
Contract status.
The enclosed agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.
The enclosed approved agreement is for your records. You are now authorized to provide services.
Enclosures
STD213_0613A
ADDRESS
P.O. Box 942898, Sacra to, CA 94298-0001
KAi■I-T-A CLARA CITY ATTO
IRK FILE COPY STATE OF CALIFORNIA
STANDARD AGREEMENT T.G.
STD 213 (Rev 06/03)
AGREEMENT NUMBER
14R340002
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractee named below:
STATE AGENCY'S NAME
Department of California Highway Patrol
CONTRACTEE'S NAME STATE AGENCY'S NAME
City of Santa Clara
2. The term of this 07/01/2014 OR UPON APPROVAL BY through 06/3012016 Agreement is: (whichever is later)
3. The maximum amount
$ 1,724,811.00
of this Agreement is: One Million Seven Hundred Twenty- Four Thousand Eight Hundred Eleven Dollars and Zero Cents
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
2 pages
Exhibit B — Budget Detail and Payment Provisions 1 page Exhibit C* — General Terms and Conditions GTC 610
Exhibit D - Special Terms and Conditions 1 page
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.
CONTRACTEE
CONTRACTEE'S NAME (if other than an individual, slate whether a corporation, partnership, etc.) City of Santa Clara
BY (Authorized Signature)
PRINT D NAME ANVITLE PERSON SIGNING
ri-t 1\4, ADDRESS
601 El Camino Real
Santa Clara, CA 95050
STATE OF CALIFORNIA
AGENCY NAME
Department of California Highway Patrol
BY (Authorized Signature)
a PRINTED NAME AND TITLE OF PERSON SIGNING
California Department of General
Services Use Only
111 Exempt per:
DATE SIGNED(Do not type)
5044
T. L. ANDERSON, Assistant Chief, Administrative Services Division
CITY OF SANTA CLARA
CHP Agreement # 14R340002
Exhibit A page 1 of 2
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractee agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for the planned events at the Levi's Stadium provided by the CHP San Jose Area office.
2. The services shall be provided during:
The hours of duty performed by CHP officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for traffic control can be requested and/or on an "as needed" basis and must be mutually agreed upon by the local CHP command and the City of Santa Clara.
3. The Project Representatives during the term of this Agreement will be:
STATE AGENCY
CONTRACTEE
Department of California Highway Patrol City of Santa Clara NAm E Michael Sellers, Chief of Police
NAT.IE
Lt. John Blencowe
TELEPHONE NUMBER FAX NUMBER
TELEPHONE NUMBER
FAX NUMBER
(408) 467-5400
Direct all inquiries to :
(408) 467-5407
(408) 615-4890
(408) 261-9165
STATE AGENCY
Department of California Highway Patrol
CONTRACTEE
City of Santa Clara SECTION/UNIT
Business Services Section/Contract Services Unit
SECTION/UNIT
Santa Clara Police Department
ATTENTION
Tessa Gomez
ATTENTION
Michael Sellers, Chief of Police ADDRESS
601 N. 7th Street
'
Sacramento, CA 95811
ADDRESS
601 El Camino Real, Santa Clara, CA 95050
TELEPHONE NUMBER
(916) 843-3613
FAX NUMBER
(916) 322-3166
TELEPHONE NUMBER
(408) 615-4890
FAX NUMBER
(408) 261-9165
CITY OF SANTA CLARA
CHP Agreement # 14R340002
Exhibit A page 2 of 2
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK (Continued)
5. Detailed description of work to be performed:
A. CHP San Jose Area office shall provide CHP officer(s) with vehicles and coordinate all traffic control.
Should the CHP San Jose Area be unable to fill the necessary staffing for each event, the shortage of CHP Officers will be utilized from out-of-Area uniformed personnel.
B. The traffic control services to be performed by CHP officer(s) under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP.
C. It is understood by the City of Santa Clara that billing of CHP officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D.
D. If the CHP officer(s) has reported to the assigned location and has worked less than four (4) hours, City of Santa Clara agrees to pay every assigned CHP officer(s) a minimum of four (4) hours overtime.
Exception: This does not apply to those cases when the hours worked is part of an extended shift.
If the CHP officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the officer(s) away from the service location, City of Santa Clara will be billed only for the officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement.
E. Cancellation of Services
City of Santa Clara shall not be charged for service cancellations made more than 24 hours prior to the scheduled assignment.
1. City of Santa Clara agrees that if service cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP officer.
2. City of Santa Clara agrees that if service cancellation is made within 24 hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, City of Santa Clara shall only be charged a short notice service cancellation fee of $50.00 per assigned CHP officer(s). 1 All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays.
4. The CHP agrees to make reasonable efforts to notify the assigned CHP officer(s) of the service cancellation.
CITY OF SANTA CLARA
CHP Agreement if 14R340002
Exhibit B page 1 of 1
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. The CHP shall provide City of Santa Clara with an itemized invoice which details all CHP costs for traffic control services under this Agreement.
Monthly itemized invoices will be submitted in duplicate to:
City of Santa Clara
Santa Clara Police Department
601 El Camino Real
Santa Clara, CA 95050
Attn: Lt. Brian Gilbert Phone: (408) 615-4804
City of Santa Clara agrees to pay CHP within thirty (30) days after the date of the invoice.
B. This Agreement includes hourly usages and anticipated mileage for the planned events at Levi's Stadium.
Officer Hours: 15,600 hours
Sergeant Hours: 1,200 hours
Motor Sergeant Hours: 1,200 hours
Pilot Officer 600 hours
Flight Officer 1,200 hours
Aircraft 300 hours
Patrol car mileage: 33,600 miles
Motorcycle mileage: 2,400 miles
C. In consideration for the traffic control services contained herein, City of Santa Clara agrees to reimburse the CHP upon receipt of an itemized invoice. City of Santa Clara agrees to reimburse the CUP for the actual costs incurred at the time services are provided. The rates indicated in this agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event CHP is granted a rate increase, City of Santa Clara agrees to pay the increased rate. The following information are the CHP officer and sergeant overtime rates effective Fiscal Year 13114, until superseded:
CLASSIFICATION OVERTIME RATE
CHP Officer $ 79.25 per hour
CHP Sergeant
$ 96.39 per hour
M/C Sergeant
$ 99.73 per hour
Pilot Officer $ 92.57 per hour
Flight Officer $ 82.82 per hour
Aircraft
$207.71 per hour
CHP Automobile $ 1.53 per mile
CUP Motorcycle $ 0.96 per mile
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 houra 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: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or Supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, • film. or corporation who ma Y be injured Or damaged by Contractor in the performance of 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 an. d 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 512205)..
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 HP! and AIDS), mental disability, medical condition (e.g., cancer), age (over 40)1 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 512990 (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 (a4), 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 apart-hereof as if set forth in fall. 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 Jiereby 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 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 ineurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid bYthe 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 Co.de Section 4554. -
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement irfekcess 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 .andis 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 exeess 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 maybe 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. (1\411. - & 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:\ADMINIHOMEPAGEIGTC-6I0.doe
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 (Pt..inted)
a iT4 oc - SIPJ---41 Cio1/4- 6----
' Federal ID Number
____h_. m ) .
,By (Authorized Signature) •
•
_ --
•
. Prin Is. d Namet nd Title of Person Sig,ning i .
Date Executed
•
Executed in the County of
• C_A ok.v.,-.
,
• CONTRACTOR.CERTEFICATION 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 Ag,reement 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 bya 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 domply 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 ceitifies that contractor will comply with the . requirements of Section 6072 of the Business and Professions Code, effeCtive January f, 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, arfd 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 i 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.go-V, and Public Contract Code Section 6108. b. The contraCtor agrees to cooperaie fully in providing reasonable access to'the contractor's records, documents; agents or employees, or premises if reasonably required by authoiized 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 im_mediately for clarification.
Current StateEmployees (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'fiono the date he or sha 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 thQ 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by COhtractor'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 bp insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirins 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 hi 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 aniorder or resolution not subject to review promulgated by the State Air ReSonrces Beard 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.
CITY OF SANTA CLARA
CHP Agreement # 14R340002
Exhibit D page 1 of 1
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. The CHP and City of Santa Clara agree this Agreement may be canceled by either party with thirty (30) days advance written notice.
2. In the event of an emergency, this Agreement may be canceled by either party without prior notice.
3. The CH P and City of Santa Clara, agree that this Agreement may be amended by written mutual consent of the parties hereto.
4. Unforeseen events may require CHP officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred.
5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at state expense, which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by City of Santa Clara or such need for repair or replacement of property arises directly from the City of Santa Clara gross misconduct or willful negligence with respect to the property.
6. Gifts, donations, or gratuities may not be accepted by CHP employees in their own behalf or in behalf of the Department, informal squad club, or other local funds.
7. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution
8. City of Santa Clara 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 and records and supporting documentation pertaining to the performance of this Agreement. City of Santa Clara 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. City of Santa Clara 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, City of Santa Clara 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 at CCR Title 2, Section 1896).
9. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution
10. City of Santa Clara agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Santa Clara.
State of California— Transportation Agency EDMUND G. BROWN Jr., Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security
An Internationally Accredited Agency
Business Services Section
Contract Services Unit
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3610
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
July 25, 2018
City of Santa Clara
Santa Clara Police Department
601 El Camino Real
Santa Clara, CA 95050
Subject: Agreement Number: 14R340002-3
Complete the following marked item(s) and return to the above address within ten (10) business days:
Std. 213, Standard Agreement with attached exhibits. Sign the first page of the Std. 213, sign the additional single Std. 213, and return both copies.
Std. 213A, Standard Agreement Amendment. Sign the first page of the Std. 213A, sign the additional single Std. 213A, and return both copies.
Std. 210, Short Form Contract. Sign and return both copies.
Std. 204, Payee Data Record. Complete and return.
CCC, Contractor Certification Clauses. Complete and return.
CHP 78V, Conflict of Interest and Confidentiality Statement-Vendor. Complete and return.
CHP 116, Darfur Contracting Act. Complete and return.
Obtain and forward the liability insurance certificate required by the terms of the Agreement.
Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.
Please send a copy of current business license issued by local city/county.
Please send a copy of current Inspection Authorization license per terms of the Agreement.
Contract status:
The enclosed Agreement is signed on behalf of the Department of California Highway Patrol.
Process and when approved, return an original to this office.
Amendment 3 is approved and enclosed for your records.
DENISE LORENZ-COELHO
Contract Analyst
Enclosure
APR 22 2021
CH:MAM:skb