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HomeMy WebLinkAbout1997-293 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: December 15, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE MAYOR AND COMMON COUNCIL RESOLUTION #: Res 97-293 - Resolution authorizing the Director of Parks, Recreation and Community Services Department to make application for and accept a Heart Smart Grant from California Healthy Cities Project. NOTICE OF: x- Missinl! Document: Exhibit! Attachment. Public Works/Engineering Bound Contract - BOUND DOCUMENT HAS NOT BEEN SCANNED YET - AVAILABLE IN HARD COPY. Staff Report. Bad Oualitv Orieiua!. Document. Map. Hand Written Orieina!. Ordinance - Leeal Advertisement Proof of Publication Bad Oualitv. Missine: Sie:nature. . FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff or the Administrative Operations Supervisor at (909) 384-5002. Rachel Clark City Clerk RC:mam 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. 97-293 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A HEART SMART GRANT FROM CALIFORNIA HEALTHY CITIES PROJECT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized and directed to submit an application and to accept on behalf of City a Heart Smart grant from California Healthy Cities Project for the period of August 1, 1997 through June 30, 1998. A copy of said Grant Agreement and Purchase Order is attached hereto, marked Exhibit 1, and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of the Resolution. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 20 and Common Council of the City of San Bernardino at a joint regular meeting 21 22 23 24 25 26 27 28 6th day of October , 1997, by the following vote, to thereof, held on the wit: fill fill III III 97-293 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 2 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A HEART SMART GRANT FROM CAILFORNIA HEALTHY CITIES PROJECT. 1 3 4 COUNCIL MEMBERS: 5 NEGRETE 6 CURLIN 7 ARIAS 8 OBERHELMAN AYES NAYS ABSTAIN ABSENT x x x x 9 10 11 12 MILLER DEVLIN x x ANDERSON x 13 14 15 The foregoing Resolution is hereby approved this C~ 9B ~ day of 16 17 18 19 20 October , 1997. 21 Approved as to form 22 and legal content: ~& J (?H-1 .-t~ tom Minor. Mayor City of San Bernardino PURCHASE ORDER UNIVERSITY OF CALIFORNIA, SAN FRANCISCO MATERIEL MANAGEMENT DEPARTMENT, PURCHASING 612 FORBES BOULEVARD SOUTH SAN FRANCISCO, CA 94080 NO: DATE ....':53818 08-12-97 SELLER 97-293 BILL TO DEPT ORDER CONTACT =10 _u ATTACHED APPENDIX CITY OF SAN BERNARDINO ~IllAl{CE DEPARTMEllT 300 NO. D STREET SAH BERIlARDIllO CA 92418 Atto: TERRI LEDOUX Universitj of California Accounting Office, UCSF Box 0812 San Francisco, CA 94143-0812 (415)476-2126 llANCY MURRAY BOX-0646 DEPT INVOICE CONTACT EXT No.6-59' NAllCY MURRAY EXT NO. -, 9;" CUSTODY CODE SHIP TO UNIVERSITY OF CAUFORNIA DEUVERY DATE DEPT. NAME AND BUDGET - CONTRACT NO. (II Applicable) San Francisco 705381B HARIANllE HERllANDEZ CALIFORNIA DEPT HEALTH SVCS 601 llO. 7TH STREET S CRAMEH C F.Q,B. PER INST FOR HEALTH ~ AGIllG DESTIllATION HA GENERAL DESCRIPTIOll PROVIDE SERVICES IH COlIIIECTIOlI WITH THE INSTITUTE FOR HEALTH AllD AGING "HEART SMART CITIES" PROJECT. PROJECT COllTACT: MARIAllHE HERNAllDEZ, MS; 916.324.1330 TIME PERIOD AUGUST I, 1997 THROUGH JUNE 30, 1998. THE UllIVERSITY AT ITS SOLE OPT IOll, RESERVES THE RIGHT TO EXTEllD THIS COllTRACT FOR AN ADDITIONAL 12 MOUTHS FOR THE COllSIDERATION OF S1.00, TO BE l'AID TO THE VENDOR 011 THE FIRST INITIAL IlIVOICE SUBMITTED UNDER THE HEW CONTRACT PERIOD. THE EXTEllSIOH (INCLUDING THE ABOVF COllSIDERATION) I~ILL BE AT THE SAME PRICES, TERMS, AND CONDITIONS AS ORIGIllALLY STATED. PRICING PERSOIlHEL COSTS ASST REC MAllAGER BEHEFITS 5,500.00 1,925.00 TOT AL PERSOIllIEL COSTS 11,550.00 OPERATING EXPEHSES/GENERAL 1,500.00 OTHER COSTS. GYM UTILITIES, MAIHT. 6,000.00 TOTAL PROJECT COSTS 14,925.00 \.. No variations, deletions, price Increase, change. or modifications shall be effective without written approval of the University Purchasing Department. Addr... all correspondence and aCknowledgements pertaining to this order to the above address. / Page 1 of 3 UNIVERSITY OF CALIFORNIA -A~-;;", BY wvf. ~~C-- ELIZABFTH BOGARD (415) 502-3025 fAX: (415) 502-3031. 7144-0100 <>> ~ UP10AR11195 P*-onRlcycMd"- ~ DI-/Ir3IT 'j" VENDOR COPY PURCHASE ORDER UNIVERSITY OF CALIFORNIA, SAN FRANCISCO MATERIEL MANAGEMENT DEPARTMENT, PURCHASING 612 FORBES BOULEVARD SOlITH SAN FRANCISCO, CA 94OBO NO: 705381B DATE 08-12-97 EE ATTACHED APPENDIX IS A PART THIS ORD SELLER 97-293 BILL TO CITY OF SAil BEPllARD mo FINANCE DEPARTMEHT 300 NO. D STREET SAlI BERNARDINO CA 92418 Attn: TERRI LEDOUX Ur.iversitj of California Accounting Office. UCSF Box 0812 San Francisco, CA 94143-0812 (415 )47,,-2126 NANCY MURRAY EXT NO. CUSTODY CODE SHIP TO UNIVERSITY OF CAUFORNIA DEUVERY DATE DEPT. NAME AND BUDGET - CONTRACT NO. (If Applicable) San Francisco 705381B MARIANNE HERNANDEZ CALIFORNIA DEPT HEALTH SVCS 601 NO. 7TH STREET PER INST FOR HEALTH & AGING DESTINATION "". ClUANTTT'I' . KA i;","OE$CR' P TfO N BUDGET $eo "- F.O.S PAYMENT INSTRUCTION TO THE VENDOR: THE UNIVERSITY SHALL NOT ACCEPT REQUESTS FOR PAYMENT FOR ORDERS PLACED UNDER THE FOLLOWING CONDITIONS: 1) AFTER THE EXPIRATION DATE OF 30 JmlE 1998 2) WHICH CAUSE AN OVERRUN OF THE INDICATED ESTIMATED AMOUNT OF $14,925.00 INVOICES MUST SHOW PURCHASE ORDER NUMBER, PLAINLY IDENTIFY ALL APPLICABLE DISCOUNTS, BE ITEMIZED AND SUBMITTED IN DUPLICATE. TO ENSURE PROMPT PAYMENT, INVOICE MUST MATCH THE CONTRACT. SCOPE OF WORK/SERVICES THE CITY OF SAN BERNARDINO WILL INCREASE AWAREIIESS ABOUT THE PROBLEM OF HEART DISEASE III THEIR CITY THROUGH A COMMUNITY-WIDE EDUCATION CAMPAIGN WHICH WILL INCLUDE LOCAL 1.EADERS AND TARGETED INTERVENTIONS IN A HIGH RISK NEIGHBORHOOD. THE CITY-~IIDE EDUCATION CAMPAIGN INCLUDES HEART HEALTHY INFORMATION PRINTED IN LOCAL NEWSLETTERS, ON A LOCAL HEALTH TV SHOW, IN TV ADS AND IN THE LOCAL NEWSPAPER. EDUCATION FOR LOCAL LEADERS WILL BE CONDUCTED THROUGH PRESENTATIONS, DIRECT MAILIllGS, AND SPECIAL EVEllT ANNOUNCEMENTS. LEADERS INCLUDED ARE: CITY COUNCIL, CHAMBER OF COMMERCE, FACULTY AIID ADMINISTRATION OF LOMA LINDA UNIVERSITY, SERVICE CI.UBS AND COMMUNITY BASED ORGAtIIZATIOlIS. PROGRAMS ON NUTRITION AND PHYSICAL ACTIVITY IHLL 8E FOCUSED AT TWO COMMUNITY CENTERS IN LOW INCOME AREAS. ASSESSMEIITS WILL BE CONDUCTED TO DETERMINE EXACT CONTENT OF THESE PROGRAMS. THE TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT ARE THOSE CONTAINED HEREON AND THOSE COlITAItIED Itl APPEllDIX A ONLY. ANY DIFFERENT OR ADDITIONAL TERMS CONTAINF.D III SELLER'S PURCHASE ORDER ACKNOWLEDGEMENT, OR OTHER DOCUMENT, ARE UNACCEPTABLE TO THE UIIIVF.RSITY AND ARE l HEREBY REJECTED. No variations, deletions, price Increale, changes or modifications shall be effective without wrlden approval of the University Purchasing Department. Address all correspondence and acknowledgements pertaining to this order to the above addre.s. UNIVERSITY OF CALIFORNIA MilIn~"""~ Page 2 of 3 BY BUYER 7144..{1100 <D ~ , UP10AA11195 ~...~p.p. ~ VENDOR COpy ELIZABFTH BOGARD (415) 502-3025 FAX: (415) 502-3031 PURCHASE ORDER UNIVERSITY OF CALIFORNIA, SAN FRANCISCO MATERIEL MANAGEMENT DEPARTMENT, PURCHASING 612 FORBES BOULEVARD SOUTH SAN FRANCISCO, CA 94080 EB SELLER No". 705~81B DATE 08-12-97 97-293 BILL TO DEPT ORDER CONTACT ATTACHED APPENDIX CITY OF SAN BERNARDINO FINANCE DEPARTMENT 300 KO. D STREET SAN BERllARDIllO CA 92418 Attn: TERRI LEDOUX Uni\;ersity of California Accounting Office, UCSF Box 0812 San Francisco, CA 94143-0812 . (415)476-2126 HAllCY MUFRAY BOX-0646 DEPT INVOICE CONTACT EXT NO.6-59' NANCY MURRAY EXT NO. -59, CUSTOOY CODE SHIP TO UNIVERSITY OF CAUFORNIA DEUVERY DATE DEPT. NAME AND BUDGET CONTRACT NO. (II Applicable) San Francisco 705381B MARIANNE HERNANDEZ CALIFORNIA DEPT HEALTH SVCS 601 NO. 7TH STREET SACRAME 0 4 F.Q.B. SHIP VIA PER INST FOR HEALTH ~ AGING DESTINATION NA ':~;f~,)-'~:t,~~:?'-;;~~;OAt eN 00AN1T1'Y e.$RPt ION, TERMInATION OF ORDER THIS CONTRACT MAY BE TERMINATED BY THE UNIVERSITY FOR CONVENIENCE III WHOI.E OR IN PART AT ANY TIME IN ACCORDANCE WITH THE TERMS OF ARTICLE 4 OF THE ATTACHED APPENDIX. IN THE EVENT OF SUCH TERMINATION, UNIVERSITY AGREES TO PROVIDE SELLER AT LEAST 30 DAYS PRIOR WRITTEN NOTICE OF THE EFFECTIVE DATE OF TERMINATION AND THE EXTENT THEREOF. IN THE EVENT OF TERMINATION FOR CONVENIENCE, SELLER AGREES TO ACCEPT AS THE REASONABLE AMOUNT REFERRED TO IN ARTICLE 4 (A)(2) AS LIOUIDATED DAMAGES AND nOT AS A PENALTY THE SUM OF $1.00 FOR SELLER'S LOST PROFITS ON THE UNPERFORMED PORTION OF THIS CONTRACT, PROVIDED COMPENSATION HEREUKDER SHALL IN no EVENT EXCEED THE TOTAL ORDER PRICE. IF WITHIN 15 CALENDAR DAYS OF RECEIPT OF WRITTEN NOTICE TO SELLER FROM UNIVERSITY OF SELlER'S BFEACH OF AllY TERM OR CONDITION OF THIS CONTRACT, SElLER SHALL FAIL TO REMEDY SUCH BREACH, THEN UllIVERSITY tUY, BY PRIOR tJRITTEN NOTICE, TERMIIIATE THIS COIITRACT III tlHOlI' OR IN PART AT AllY TIME. IN ADDITION TO OTHER REMEDIES DESCRIBED IN ARTICLE 4, IT SHOUlD BE UNDERSTOOD THAT FUTUFE CONTRACTS WITH THE UNIVERSITY MAY BE LIMITED OR WITHHELD COMPLETELY, PENDING REESTABLISHMENT OF AN ACCEPTABLE FE CORD BY SELLER. No variations, deletions, price Increase, changes or modifications shall be effective without written approval of the University Purchasing Department. Address all correspondence and acknowledgements pertaining to this order to the above address. UNIVERSITY OF CALIFORNIA .....~.......~ Page 3 of 3 BY BUYER 7144.()1QO (1) ~ UP1QAR11195 ~0Il~"" ~ VENDOR COpy ELIZABETH BOGARD (415) 502-3025 FAX: (415) 502-3031 97-293 University of California Appendix A TERMS AND CONDITIONS OF PURCHASE ARTICLE 1 . The materials. supplies or services covered by this order shall be furnished by Seller subject to all the terms and conditions set forth in this order including the following, which Seller. in accepting this order. agrees to be bound by and to comply with in all particulars and no other terms or conditions shall be binding upon the parties unless hereafter accepted by them in writing. Written acceptance or shipment of al1 CI' aoy portion of the materials or supplie.s. or the performance of al1 or aoy portion of the services, covered by lh.is order shall constitute unqualified acceptance of all its terms and conditions. The terms of aoy proposal ~fened to in this order are included and made a part of the order only to the extent it specifies the materials. supplies. or services ordered, the price therefor. and the delivery thereof, and men oDly to the extent Ihat such tenns are consistent with the terms and conditions of this order. ARTICLE 2 - INSPECTION. The services, materials and supplies furnished shall be exactly as specified in this order free from all defectS in Seller's performance, design, workmanship and materials, and, except &$ otherwise provided in this order, shall be subject to inspection and test by University at a11 times and places. If, prior to final acceptance. any servicu and any materials and supplies furnished therewith are found 10 be incomplete, or not as specified, University may reject them, require Seller to correct them without charge, or require delivery of such materials, supplies, or services at a reduction in price which is equitable under the circumstaDces. If Seller is unable or refuses to correct such items wilhin a time deemed reasonable by University, University may terminate the crder in whole or in part. Seller shall bear all risks as to rejected services and, in addition to any costs for which Seller may become liable to University under other provisions of th..is order, shall reimburse University for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Seller shall be liable for latent defects, fraud or such gross mistakes as amouDt to fraud. ARTICLE 3 - CHANGES. University may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order. an equitable adjustment in the price or delivery or both shall be made. No change by Sener shall be al10wed without written approval of University. Any claim of Seller for an adjustment under this Article must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless University waives this condition in writing. Nothing in this Article shall excuse Seller from proceeding with performance of the order as changed hereunder. ARTICLE 4. TER~INATION A. University may, by written nQ{ice stating the extent and effective dace, cancel and/or terminate this order for convenience in whole or in part. at any time. University shall pay Seller as full compensation for performance until such termination: (1) the unit or pro rata order price for the performed and accepted portion; and (2) a reasonable amount, not otherwise recoverable from other sources by Seller as approved by University, with respeel to the unperformed or unaccepted portion of this order, provided compensation hereunder shall in no event exceed the total order pnce. B. University may by wrinen notice termina~ Ibis order for Seller's default, in whole or in part, at any time, if SeHer retuses or fails to comply with the provisions of.this order, or so fails to make progress as to endanger performance and does not cure such failure within a reasonable period of time, or fails to perform the services within the time specified or any written extension thereof. In such event, University may purchase or otherwise secure services and, except as otherwise provided herein, Seller shall be liable to University for any excess costs occasioned University thereby. If, after notice of termination for default, University determines that the Seller was not in default or that the failure to perform this order was due to causes beyond the control and without the fault or negligence of Seller (in:ludi~g, but not restricted to. acts of God or of the public enemy. acts of University, acts of Government. fires, floods, epidemics, quarantine restrictions. strikes, freight embargoes, unusually severe weather, and delays of a subcontractor or supplier due to such causes and without the fauh or negligence of the subcontractor or supplier), termination shall be deemed for the convenience of University, unless University shall determine that the Rev. 11/93 services co\'ered by this order were obtainable by Seller from other sources in sufficient time to meet the required performance schedule. C. If University determines that Seller has been delayed in the work due to causes beyond the control and without the fault or negligence of Seller, University may extend the time for completion of the work called for by this order. when promptly applied for in writing by Seller; any extension gr:1Dted shall be effective only if given in writing. If such delay is due: to failure of Cniversity, not caused or contributed to by Seller, to perform services or deliver propet1y in accordance with the tenns of the order, the time and price of the order shall ~ subject to change under the Clanges Article. Sole remedy of Seller in event of delay by failure of University to perform shall, however, be limited to any money actually and necessarily expended in the work during the period of delay, solely by reason of the delay. No allowance will be made for anticipated profits.. D. The rights and remedies of University provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this order. E. As used in this Article, the word ~Seller~ includes Seller and its subsuppliers at any tier. ARTICLE 5 . LIABILITY FOR UNIVERSITY . FURNISHED PROPERTY. Seller assumes complete.liability for any tooling. artic1e.s or material furnished by University to Sener in connection with this order and Seller agrees to pay for all such tooting. articles or material damased or spoiled by it or not otherwise accounted for to University's satisfaction. The furnishing to Seller of any tooling, articles, or material in connection with this order shan not, unless otherwise expressly provided, be construed to vest title thereto in Seller. ARTICLE 6 - TITLE. Title to the material and supplies purchased hereunder shall pass directly from Seller to University at the f.o.b. point shown. or as otherwise specified in this order, subject to the right of Cniversity to reject upon inspection_ ARTICLE 7 . PAYMENT. EXTRA CHARGES. DRAFTS. Seller shall be paid, upon submission of acceptable ipvoices. for materials and supplies delivered and accepted or services rendered and accepted. University will not pay cartage, shipping, packaging or boxing expenses, unless specified jn this order. Drafts will Dot be honored. Invoices must be accompanied by shipping documents or photOCopies of such, if transportation is payable and charged as a separate item. ARTICLE 8. CHARAcrER OF SERVICES. SeHer, as an independent contractor, shall furnish all equipment. personnel and material sufficient to provide the services expeditiously and efficiently during as many hours per shift and shifts per week and at such locations as the University may so require and designate. ARTICLE 9 . I:-iDEM.'1ITY. A. General. Seller shall defend, indemnify, and hold harmless University, its officers, employees, and agents, from and against all losses. expenses (including attorneys' fees), damages, and liabilities of any kind resulting from or arising out of this agreement and/or Seller's ~ormancc hereunder. provided such losses, expenses, damages aDd liabilities ace due or claimed to be due to the negligent or willful acts or omissions of Seller, its officers, employees, agents, subcontractors, or anyone directly or indirectly employed by them, or any person or persons under Seller's direction and control. B. Proprietary Rights. Seller shall indemnify, defend, and hold harmless University, its officers, agents, and employees against all losses, damages, liabilities, costs, and expenses (including but not limited to attorneys' fees) resulting from any judgment or proceeding in wh..ich it is determined, or any settlement agreement arising out of the allegation, that Seller's furnishing or supplying University with parts, goods, components, programs, practices. or methods UDder this order or University's use of such parts, goods. components. programs, practices, or methods supplied by Seller under this order constitutes an infringeme::it of any patent, copyright, trademark. trade name, trade secret, or other proprietary or contractual right of any third party. The foregoing shall not apply unless Cniversity has informed Seller as soon as practicable of the suit or action alleging such infringement. Se!ler shall oot settle such suit or action withoul Ihe consent of Universuy. Cni....ersity retains the right to participate in the defense against aoy such suit or action. C. Products. Seller shall fully indemnify, defend, and hold harmless l'niversity irom and against any and all claim. action, and liability, for injury. death, and property damage, arising out of the dispensing or use of any of Seller's product provided under authorized t: niversity orders. In addition to Page I of 3 97-293 the liability imposed by law on the Seller for damage or injury (including death) to persons or property by reason of the negligence, willful acls or omissions. or strict liability of the Seller or his agents, which liability is not impaired or otherwise affected hereby, the Seller hereby assumes liability for and agrees to save Uni..-ersity harmless and indemnify it from every expense, liability or payment by rC:UOQ of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any act or omission of the Seller. The University agrees to provide Seller with prompt notice of any such claims and to permit Seller to defend any claim or suit, and that it will cooperate: fully in such defcase. ARTICLE 10. DECLARED VALUATION OF SHIPMENTS. Except as otherwise provided on the face of this order, all shipments by Seller under this order for University's account shall be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of lading shall so note. ARTICLE 11 . WARRANTY. Seller agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as specified in this order. The rights and remedies so provided are in addition to and do not limit any rights afforded to University by any other article of this order. Such warranties will be effective notwithstanding prior inspection and/or acceptance of the services or supplies by the University. ARTICLE 12 . ASSIGNMENT AND SUBCONTRACfING. This order is assignable by University. Except as to any payment due hereunder, this order may not be assigned or subcontracted by Seller without written approval of University. In case such consent is given, it shall not relieve Seller from any of the obligations of this Agreement and any transferee or subcontractor shall be considered the agent of Seller and, as between the parties hereto, Seller shall be and remain liable as if no such transfer or subcontracting had been made. ARTICLE 13 . EQUAL OPPORTUNITY AFFIRMATIVE ACTION. Seller shall not maintain or provide racially segregated facilities for employees at any establishment under its control. Seller agrees to adhere to the requirements set forth in Executive Orders 11246 and 11375, and with respect to activities occurring in the State of California, to the California Fair Employment and Housing Act (Government Code section 12900 er seq.). Expressly, Seller shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, medical condition (as defined by California Code section 12925fD, marital status, age, physical and mental handicap in regard to any position for which the employee or applicant for employment is qualified, or because he or she is a disabled veteran or veteran of the Vietnam era. Seller shall further specifically undertake affirmative action regarding the hiring, promotion and treatment of minority group persons, women, the handicapped, and disabled veterans and velerans of the Vietnam era. Seller shall communicate th.is policy in both English and Spanish to all persons concerned within its company, with outside recruiting services, and the minority community at large. Seller shall provide the University on request a breakdown of its labor force by groups, specifying the above characteristics within job categories, and shall discuss with Ihe University its policies and practices relating to its affrrmative action programs. ARTICLE 14 - The clauses contained in the following paragraphs of the Federal Acquisition Regulations are incoq>orated by reference. The full text is available upon request: FAR 52.222-04 Contract Work Hours and SafelY Standards Act FAR 52.222-26 Equal Opportunity FAR 52.223-02 Dean Air and Water (If order exceeds SlOO,O(X)) ARTICLE 15 . WORK ON UNIVERSITY OR GOVERNMENT PRE~llSES. If Seller's work under this order involves performance by Seller at University or United States Government owned sites or facilities, the following provisions shall apply: A. Liens. Seller agrees that at any time upon request of Universicy he will.submit a sworn statement setting forth the work. performed or material furrushed by subcontractors, suppliers and materialmen, and the amount due aDd to become due to each, and thai before the final payment called for hereu.nder, will if requested, submit to University a complete set of vouchers shOWing what payments have been made for materials and labor used in connection with the work called for hereunder. Seller shall: (1) Indemnify and hold harmless University from all claims, demands, causes of action or suits, of wha~ver nature, arising out of the services, labor and materials furnished by Seller or its subcontractors under this order, Rev. 11/93 Appendix A and from all laborers', materialmen's and mechanics' liens upon the real property upon which the work is located or any other property of University; (2) Prompcly notify University in writing, of any such claims, demands, causes of action, or suits brought to its attention. Seller shall forward with such notification copies of all pertinent papers received by Seller with respect to any such claims, demands, causes of actioQ or suits and, at the request of University shall do all things and execute and deliver all appropriate documents and assignments in favor of University of all Seller's rights and claims growing out of such asserted claims as will enable University to protect its interest by litigation or otherwise, The final payment shall not be made until Seller, if required, shall deliver to University a complete release of all liens arising out of this order, or receipts in full in lieu thereof, as University may require, and if required in either case, an affidavit that as far as it has knowledge or information, the receipts include all the labor aod materials for which a lien could be filed; but Seller may, if any subcontractor refuses to furnish a release or receipt in full. furnish a bood satisfaclOry to Unh.ersity to indemnify it against any claim by lieD or otherwise. If any lien or claim remains unsatisfied after all payments are made, Seller shall refund to University all monies that the latter may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees. B. Oeaning Up. Seller shall at all times keep University premises where the work is performed and adjoining premises free from accumulations of waste material or rubbish caused by its employees or work of any of its subcontractors, and, at the completion of the work; shan remove all rubbisb from and about the building and all its and its subcontractors' tools, scaffolding, and surplus materials, and shall leave the work "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Seller and the subcontractors employed on or about the structure or structures upon which the work is to be done, as herein provided, as to responsibility for the removal of the rubbish, or in case the same be not promptly removed as herein required, University may remove the rubbish and charge the cost to Seller. C. Employees. Seller shall not employ on the work any unfit person or anyone not skilled in the work assigned to him or her, and shall devote only its best.qualified personnel to work under this order. Should University deem anyone employed on the work incompetent or unfit for his or her duties and so inform Seller, Seller shall immediately remove such person from work under this order and he or she shall not again, without writ~n permission of University, be assigned co work under this order. It is understood. that if employees of University shall perform any acts for the purpose of discharging the responsibility undertaken by the Seller in this Article IS, whether requested to perform such acts by the Seller or not, such employees of the University while performing such acts shall be considered the agents and servants of the Seller subject to the exclusive control of the Seller. D, Safety, Health and Fire Protection. Seller shall take all reasOQable precautions in the performance of the work under this order to protect the health and safety of employees and members of the public and to minimize danger from all hazards to life and property, and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of University. In the event that Seller fails to comply with said regulations or requirements of University, University may, without prejudice to any other legal or contractual rights of University, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at the discretion of the University. Seller shall make no claim for extension of time or for compensation or damages by reason of or in connection with such work stoppage. The safety of all persons employed by Seller and its subcontractors on University premises, or any other person who enters upon University premises for reasons relating to this order, shall be the sole responsibility of Seller. Seller shall at all times maintain good order among its employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him or her. Seller shall confine its employees and all other persoas who come onto University's premises at Seller's request or for reasons relating to this order and its equipment to that portioo of University's premises where the work under this order is to be performed or to roads leading to and from such work sites, and to any other area which University may permit Seller to use. Seller shall take all reasonable measures and preC.lutions at all times to prevent injuries to or the death of any of its employees or any other person who en~rs upon University premises. Such measures and precautions shall include, but shall not be limited to, all safeguards and warnings necessary to protect workers and others against any condilions on Owner's premises which could be dangerous and 10 prevent accidents of any kind whenever work is being perfonned in proximity to aoy moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by, the Seller, its subcontractors, the University or other persons. To the extent compliance is required, Seller shall comply with all University safety rules and regulations when on University premises. Page 2 of 3 97-293 ARTICLE 16. INSURANCE Seller shall at its expense obtain, keep in force and maintain insurance to cover its performance under this order as follows: A. Comprehensive or Commercial Form General Liabilil)' Insurance (Contractual Liability Included) Minimum LimilS: Each Occurrence s N/A N/A Products/Completed OperatIons S If the above insurance is written 00 a claims made fam. it shall continue for three years following tennination of this agreement. The insuraD~ shall have a retroactive date of placement prior to a coinciding with the effective datr: of this agreement. B. Business Automobile Liability: (Owned. Scheduled. Non-Owned. or Hired Automobiles) with a combined single limit of DO less than s NIl>. . per occurrence. C. Professional Medical and Hospital Liability IllSW"ance with limits of: s N/A N/A General Agg:regate. per occurrence. s If the above insurance is wrineo on a claims made form. it shall continue for three years following termination of this agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this agreement. Coverage shall include endorsements to the insurance policies for Contractual Liability Coverage and Defense and Indemnification of L'niversitv bv Seller. D. Workers' Compensation as required under California State law. Seller. upon the execution of this agreement shall furnish University with Certificates of Insurance evidencing compliance with all requirements. Coverages referred to under A.. B., and C. above shall include The RegeoLS of the University of California as an additional insured, but only with respect to the negljgent acts or omissions of Seller, iLS officers, agenLS, employees, subcoDtractors or anyone directly or indirectly employed by them. or any other person or persons under iLS direction and control. The Certificates of Insurance shall obligate Seller's insurers to notify University at least thirty (30) days prior to cancellation of or change in any of said insurance. ARTICLE 17 - PERMITS. Seller agrees to procure all necessary pcnniLS or licenses and abide by all applicable laws. regulations and ordinances of the L"n.ited States and of the state. territory and political subdivision in which the work under this order is performed. Seller shall be liable for all damages and shall indemnify and save University harmlcss from and against all damages and liabililY which may arise out of failure of Seller to secure and pay for any such licenses or permits or to comply fully with any and ,11 applicable laws. ordinances and regulations. ARTICLE 18. COOPERATION. Seller and its subcontractors. if any. shall cooperate with University and other vendors and contractors on lIle premises and shall so carry on their work that Olher cooperating vendors and contractors shan nOl be hindered. delayed or inletfered with in the progress of their work. and so that all of such work shall be a finished and complete job of its kind. ARTICLE 19. WAIVER OF DEFAL'LT. Any failure of L'niversilY at any time, or from time to time. to enforce or require the strict keeping and performance by Seller of any of the lerms or conditioD.S of this order shall not constitule a waiver by University of a breach of lIDY such terms or conditions and shall not affect or impair such lerms or conditions in any way, or the right of UniversilY al any time to avail itself of such remedies as it may have for any such breach or breaches of such terms or conditions. ARTICLE 20 - TAXES. Seller shall pay all contributions, taxes and premiums payable under federal. state and local laws measured upon the pa~roll of employees engaged in the performance of work under this order. and all applicable sales, use. excise. transportation. privilege. occupational aod other taxes applicable to materials and supplies furnished or work performed hereunder and shall save University harmless from liabililY for aoy such contributions, premiums. and tl.'tcs. ~l1CLE 21 - OTHER APPLICABLE LAWS, Any provision required to be lDcluded in a contract of this type by any applicable and valid federal. Rev. 11/93 Appendix A stale or local law, ordinance. rule or regulations shall be deemed to be incorporated herein. ARTICLE 22. GOVERNING LAW. The law of the Stale of California shall conlrol this Appendix and any documenllo which it is appended. (NO INSURANCE REQUIRED) Page 3 of 3