HomeMy WebLinkAboutORD NO 4801ORDINANCE NO. 4801
ORDINANCE AMENDING SECTION 3.20.105 SUBSECTION
A OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
THE CITY'S CONTRACT PROCEDURES TO COMPLY WITH
SENATE BILL 854.
WHEREAS, pursuant to the Bakersfield Municipal Code Section 3.20.105, all
contracts involving the purchase of services under which the City is obligated to
pay Ten Thousand Dollars or less shall be set forth in writing, approved as to form
by the City Attorney, signed by a City department head and the
Finance Director, and filed with the City Clerk; and
WHEREAS, the City uses a Standard Services Agreement to procure
services for the City in which the City is obligated to pay Ten Thousand Dollars or
less; and
WHEREAS, in 2014, the State of California passed Senate Bill 854 (SB 854),
creating a registry of contractors eligible to participate in public works contracts,
changing the procedures for monitoring and enforcement of compliance, and
requiring contractors on public works projects to submit certified payroll records;
and
WHEREAS, the Standard Services Agreement, which is attached hereto as
"Attachment 1," must be amended to reflect the changes effected by SB 854;
and
WHEREAS, the City must approve the changes to the Standard Services
Agreement in order to comply with SB 854.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 3.20.105 Subsection A of the Bakersfield Municipal Code remains
in full force and effect; however, the standard Services Agreement as
established in Ordinance No. 3705 is hereby amended to comply with SB 854
and is attached hereto and incorporated herein.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
FEB 1 1 1015 by the following vote:
YES: COUNCILMEMBER: RI/ERA, MAXWELL, SMITH HANSON, SULLIVAN,
S' COUNCILMEMBER: LNr
BSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: VaLlf X10—Y
APPROVED:
1.
�Aw
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City AttWey
JHR:dII
JOSHUA H. RUDIVICK
Deputy City Attorney
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ORIGINAL
SERVICES AGREEMENT NO.
This SERVICES AGREEMENT ( "Agreement ") is entered into on and effective as of by and
between the CITY OF BAKERSFIELD ( "City "), and ( "Provider "). City and Provider agree as
follows:
1. SCOPE OF WORK. In exchange for the compensation described below, Provider will perform the following:
( "Scope of Work "). Provider will provide all
goods and actions necessary to complete the Scope of Work, whether specifically outlined in this section or not.
2. COMPENSATION. Subject to the conditions of this section, City will compensate Provider as follows:
,for performing the Scope
of Work. City will pay Provider within 30 days after Provider submits an itemized invoice for the work performed
and that invoice is approved by City (the "Compensation "). In no case will City compensate Provider more than
$ for performing the Scope of Work. The Compensation will be the total compensation paid to
Provider for performing the Scope of Work and includes out -of- pocket costs and taxes. City will pay no other
compensation to Provider.
3. STARTING WORK. Provider must not begin work until this Agreement has been fully executed.
4. INSURANCE. Provider must secure and maintain throughout the performance of this Agreement CGL insurance,
workers' compensation insurance as required by statute, and any other insurance required by the City
department ordering Provider's services. All insurance policies required by this section must contain limits not less
than $1,000,000 per occurrence. The CGL policy required of Provider under this section must contain an
additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and
volunteers.
5. INDEPENDENT CONTRACTOR. Provider is performing the Scope of Work as an independent contractor.
6. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or
subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as
defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section
1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
7. INDEMNITY. Provider will indemnify, defend, and hold harmless City and its mayor, council, officers, agents,
employees, and volunteers against any and all liability, claims, actions, causes of action, or demands whatsoever
against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of,
connected with, or caused by Provider or Provider's employees, agents, independent contractors, companies, or
subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement
whether or not caused in part by City, except for City's sole active negligence or willful misconduct.
8. TERMINATION. Either party may terminate this Agreement after giving the other party written notice ten days
before the termination is effective.
This Agreement is executed as of the date first written above.
CITY OF BAKERSFIELD ( "City")
APPROVED AS TO CONTENT:
By:
Department Head
Department:
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
By:
Address:
Phone:
Fax:
Print Name and Title
Contractor's License #:
Tax ID #:
( "Provider")
(J
Compensation must not exceed TEN THOUSAND DOLLARS ORIGINAL
Updated 01107115 PWC100 Form Attached Insurance:
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of February, 2015 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4801, passed by the
Bakersfield City Council at a meeting held on the 11th day of February, 2015 and
entitled:
ORDINANCE AMENDING SECTION 3.20.105 SUBSECTION A OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO THE CITY'S
CONTRACT PROCEDURES TO COMPLY WITH SENATE BILL 854.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP� City CI rk
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ORIGINAL