HomeMy WebLinkAbout1994-11-15; Housing & Redevelopment Commission; Resolution 2611
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 261
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISS OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AW.
FOR CONTRACTUAL SERVICES OF THE ADMINISTRATION OF '
FAMILY SELF-SUFFICIENCY PROGF!" AND AUTHORIZING
EXECUTION OF THE CONTRACT
WHEREAS, The Housing and Redevelopment Commission
previously recommended that staff distribute a Request
Proposals for contractual services for the administration
the Family Self-sufficiency Program; and
WHEREAS, the proposal submitted by Lifeline Commun
Services of North San Diego County, 200 Jefferson Str
Vista, California, 92084 to administer the Family Se
Sufficiency Program is acceptable;
NOW, THEREFORE , BE IT HEREBY RESOLVED, By the Housing
Redevelopment Commission of the City of Carlsbad, Californ
as follows:
1. That the above recitations are true and correct
2. That the Housing and Redevelopment Commission hey
approves the award of contractual services for
administration of Family Self-sufficiency Program to Life]
Community Services of North San Diego County.
3. That the Chairperson of the Housing and
Redevelopment Commission is hereby authorized and directec
execute the contract, a copy of which is attached.
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1 PASSED, APPROVED AND ADOPTED at a special meeting of .
2 Housing and Redevelopment Commission of the City of Carlsb(
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the following vote, to wit: 4
California, held on the 15th day of NOVEMBER , 1994,
ABSTAIN : None 8
ABSENT : None 7
NOES : None
AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard, Finnil
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12 Chairperson
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AGREEMENT FOR CONSULTANT SERVICES
TO PROVIDE CASE MANAGEMENT FOR THE
~" FAMILY SELF-SUFFICIENCY PROGRAM.
THIS AGREEMENT, made and entered into as of the 5th day of DECEP
19 94 , by and between the CARLSBAD HOUSING AND REDEVELOP
COMMISSION, a public body corporate and politic, hereinafter referred
"Commission", and Lifeline Community Services of North San Diego County, here
referred to as "Consultant".
-____. RECITALS
WHEREAS, the Carlsbad Housing and Redevelopment Commission requil
services of a Consultant to provide the necessary case management services .
administration of the Family Self-Sufficiency (FSS) Program; and Consultant pos5
the necessary skills and qualifications to provide the services required t
Commission;
NOW, THEREFORE, in consideration of these recitals and the mutual cov
contained herein, Commission and Consultant agree as follows:
I. ""_" CONSULTANT'S ~____"_ OBLIGATIONS
The consultant shall work under the contract monitoring of the Comm
which is staffed by the City's Housing and Redevelopment Department (Director
scope of services for the case management of the Family Self-sufficiency Progr
a two-year period is as follows:
A. Coordination:
1. "_"" Developnd """" distribute outreach material, recruit and select 30 partic
fanIlies: To be eligible, families must be participants in the t-lousir
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Authority’s Section 8 Rental Assistance Program. The Direct0
developed some outreach materials and will assist in the developm
others. All outreach material developed by the consultant mu
reviewed by the Director prior to distribution. The consultant will rnf
a quarterly basis with the Consortium of Family Self-Suffic
Coordinators.
2. Establish boards and committees as required: A Program Coordi:
Committee (PCC) consisting of representatives from counseling ser
educational programs, occupational training programs, emplo
assessment and placement specialists, child care providers, single [
and displaced homemaker programs, and tenant representatives has
established and meets on a quarterly basis. The consultant will mr
a quarterly basis with the PCC. Other boards may include the forr
of a participant board to assist in the development of the program.
3. Provide access to existing. social service providers: Consultants
provide a process for program participants to gain admission I
programs/services rendered by various social service providers, inc
vocational and educational institutions. The case manager acts
advocate for the participant in obtaining services.
4. Provide all necessaw timelines, monthlv reports, and monitoring sv:
The consultant will establish timelines and monitor the progress
participants in meeting their goals to become self-sufficient. Statistic;
must be maintained to record outreach efforts, numbers of families
achieved their goals and numbers of families which began the progra
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did not achieve their goals. The consultant will comply with all establ,
timelines and report schedules. All records must be maintained in
confidentiality.
B. Provide Case Management:
1. Conduct orientation workshops and ongoing monthlv informa
workshops: Group orientation and assessment workshops ma
conducted. Social service providers from other agencies may pr
informational workshops, e.g. credit counselors, career counselors. I
effort should be made by the case manager to conduct group work:
and case management sessions when needed at the offices c
Commission.
2. Provide individual counselinq sessions with participants as needed:
Case managers provide both Technical Counseliniq - Who, what, whe
how to access services, as well as Supportive Counseling - Pr
feedback, advice and motivation.
3. IdentifV barriers and needs of participants to become self-sufficient:
Barriers to self sufficiency may include: (I) Personal barriers - Lz
goals, poor language and communication skills, lack of basic re:
writing or mathematic skills, poor decision making skills or lack of SL
(transportation, child care etc.). (2) Agency Barriers - Lack of know
of social service providers, inability to access providers, and, IE
cooperation between agencies.
4. Execute an FSS Contract of Participation for each familv: The Contl
Participation (COP) documents the goals of the family to obtair
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sufficiency. The initial term of the contract is five years (maybe extenc
for 2 years). The case manager may set milestones for employment :
other activities leading to self-sufficiency early in the five year contract tc
in accordance with the family's abilities. Three pieces of information t
must be included in the COP are:
(I) Gross annual income, (2) The amount of earned income in the gr
annual income; and (3) Family's contribution toward the rent or 30%
monthly adjusted income for Voucher holders. Participants who achl
their goals as outlined in the Contract receive funds deposited into
"Escrow Account'' during the contract period. Those funds, depositec
the Commission, represent the monthly increase in earned income from
beginning of the contract to the end of the contract period.
5. Develop an Individualized Training and Service Plan to achieve :
sufficiencv for all families: An Individual Training and Service Plan (T
must be completed for the FSS head of household. Family member:
years of age or older will be encouraged to execute an individual T
The TSP organizes the COP into attainable steps. The resources
services to be provided are contained in the TSP. It also contains intc
and final goals to be achieved. A mandatory interim goal for fam
receiving "welfare assistance" is that all family members must be fre
such assistance within one year prior to the expiration of the contract
6. Provide dav-to-dav follow-up and assessment of proqress made towarc
achievement of the goals of the Training and Services Plan and
Contract of Participation: Even though the COP is a legal agreement
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appears rigid in terms of specificity, it must be viewed as fluid and fle
Reevaluation or renegotiation by mutual consent as changes occur,
periodic intervals, is viewed as an integral part of case management.
files documenting the progress of participants must be maintained
7. Provide required documentation and documents as requested by
Commission or the Department of Housinq and Urban Development
success of the FSS program will be measured by the following criteri,
The number of families previously unemployed who obtain employme
The number of families who obtain better paying jobs, (3) The numl
families who obtain high school equivalency diplomas, or higher educ
and (4) The number of families who increase their income levels et
to exceed the need for housing subsidies and/or "welfare assistance"
status of those monitored criteria are to be reported on a quarterly
to the Commission.
C. Reporting Requirements:
1. On a quarterly basis the consultant shall provide a repor
includes:
A description of outreach activities carried out under thc
program.
A description of the effectiveness of the program in h
families to achieve independence and self-sufficiency, mea
by reports of specific progress toward COP goals.
A description of the effectiveness of the program in coordi
resources in the community to help families achieve
sufficiency.
Recommendations by the consultant for legislative
administrative improvements which would improve
effectiveness of the program.
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2. On a quarterly basis the consultant shall provide a rep
following monitored criteria:
The number of families previously unemployed who
employment.
9 The number of families who obtain higher paying jobs,
The number of families who obtain high school equiv
diplomas, or higher education.
The number of families who increase their income levels E
to exceed the need for housing subsidies and/or "L
assistance".
3. The consultant shall maintain racial and ethnic data with res1
families who:
Responded to outreach efforts but declined to participate.
Elected to participate but did not execute a contract.
Executed a contract and voluntarily left the program.
Executed a contract and completed the program.
D. Program start-up and Timelines:
1. The work under this contract will begin within ten (1 0) day
receipt of notification to proceed by the Director.
2. The two-year schedule for participants to enter into a Cont
Participation is as follows:
First Year Second Year
1st Quarter - 5 1st Quarter - 30
3rd Quarter - 20 3rd Quarter - 30
4th Quarter - 30 4th Quarter - 30
2nd Quarter - 10 2nd Quarter - 30
2. COMMISSION OBLIGATIONS
The Commission shall provide the consultant with reasonable and appr
staff guidance, assistance and access to related materials in order to providc
management for the FSS program. Staff will make their time available and COC
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management for the FSS program. Staff will make their time available and coo
with the consultant to ensure case management is provided in a timely manner.
reasonable notice, the Director will make office space available to conduct
presentations and case management. The Commission shall make all arrangeme
the notification of participants of consultant sponsored workshops/presentations
3. _"" FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, "Payn
Fees," and shall be $30,000.00. No other compensation for services will be a
except those items covered by supplemental agreements per Paragraph 8, "Char
Work." The City reserves the right to withhold ten percent (10%) of the total fee u
project has been accepted by the Commission.
4. """ DURATION OF CONTRACT
This agreement shall extend for a period of two (2) years from Januarv 3, 1
JanLjary - - - - - ." - 3, 199z. The contract may be extended by the Director for one (1) adc
one (1) year period(s) or parts thereof, based upon a review of satisfactory perforl
and the Commission's needs. The parties shall prepare extensions in writing ind
effective date and length of the extended contract.
5. "_ PAYMENT "- OF FEES
Payment of fees shall be upon a quarterly basis as work progresse
. according to billing which includes a brief description of work completed duril
quarter.
6. -" CHANGES - - " - - " " - . - IN - - - WORK - - - - - - -
If, in the course of the contract, changes seem merited by the Consultant
Commission, and informal consultations with the other paw indicate that a change
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a change in contract. Such changes shall be processed by the Commission
following manner: A letter outlining the required changes shall be forwarded
Director by Consultant to inform him of the proposed changes along with a stater
estimated changes in charges or time schedule. A supplemental agreement s
prepared by the Director and approved by the Commission according to the proc
described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agrc
shall not render ineffective or invalidate unaffected portions of the agreement.
7. CQVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any co
or person, other than a bona fide employee working for the Consultant, to sc
secure this agreement, and that Consultant has not paid or agreed to pay any co
or person, other than a bona fide employee, any fee, commission, percc
brokerage fee, gift, or any other consideration contingent upon, or resulting fra
award or making of this agreement. For breach or violation of this warran
Commission shall have the right to annul this agreement without liability, or
discretion, to deduct from the agreement price or consideration, or otherwise rc
the full amount of such fee, commission, percentage, brokerage fees, gift, or con
fee.
8. """_ NONDISCRIMINATION CLAUSE
The Consultant shall comply with all state and federal laws re<
nondiscrimination in the provisions of services and the Equal Opportunity Emplc
of Personnel.
9. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform th
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as provided for in this contract, the Commission may terminate this con
nonperformance by notifying the Consultant by certified mail of the terminatic
Consultant. The Consultant, thereupon, has five (5) working days to deli
documents owned by the Commission and all work in progress to the Hc
Redevelopment Director. The Housing & Redevelopment Director shall
determination of fact based upon the documents delivered to Commissior
percentage of work which the Consultant has performed which is usable and
to the Commission in having the contract completed. Based upon that fir
reported to the City Manager, the Manager shall determine the final paymel
contract.
IO. DISPUTES
If a dispute should arise regarding the performance of work under this agl
the following procedure shall be used to resolve any question of fact or interpret
otherwise settled by agreement between parties. Such questions, if they
identified as a part of a dispute among persons operating under the provisior
contract, shall be reduced to writing by the principal of the Consuitant or the [
A copy of such documented dispute shall be forwarded to both parties involvc
with recommended methods of resolution which would be of benefit to both pari
Director or principal receiving the letter shall reply to the letter alons
recommended method of resolution within ten (IO) days. If the resolution thus
is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be fc
to the Commission for their resolution through the Office of the City Manag
Commission may then opt to consider the directed solution to the problem.
cases, the action of the Commission shall be binding upon the parties involved,
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nothing in this procedure shall prohibit the parties seeking remedies available 1
at law.
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (3
written notice to the other party. In the event of such suspension or terminatioi
request of the .Commission, the Consultant shall assemble the work product I
same in order for proper filing and closing and deliver said product to Commiss
the event of termination, the Consultant shall be paid for work performed
termination date; however, the total shall not exceed the lump sum fee payabll
paragraph 4. The Commission shall make the final determination as to the por
tasks completed and the compensation to be made.
12. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultar
way as an independent contractor and in pursuit of Consultant’s independent calli
not as an employee of the City. Consultant shall be under control of the Com
only as to the result to be accomplished, but shall consult with the Commis
provided for in the request for proposal. The persons used by the Consultant to
services under this agreement shall not be considered employees of the Commi:
any purposes whatsoever.
The Consultant is an independent contractor of the Commission. The F
made to the Consultant pursuant to the contract shall be the full and cl
compensation to which the Consultant is entitled. The Commission shall not m
federal or state tax withholdings on behalf of the Consultant or hislher ernplo
strbcontractors. The Commission shall not be required to pay any c
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compensation insurance or unemployment contributions on behalf of the Consultar
hislher employees or subcontractors. The Consultant agrees to indemnify
Commission for any tax, retirement contribution, social security, overtime paym
unemployment payment or workers' compensation payment which the Commission I
be required to make on behalf of the Consultant or any employee or subcontractor oi
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform
Control Act of 1986 and shall comply with those requirements, including, but not lim
to, verifying the eligibility for employment of all agents, employees, subcontractors
consultants that are included in this agreement.
13. ""_ CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform tc
applicable requirements of law: federal, state and local. Consultant shall providl
necessary supporting documents, to be filed with any agencies whose approv;
necessary.
The Commission will provide copies of the approved plans to any other agenc
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches,' drawings, reports, and specifications as hc
required are the property of the Commission, whether the work for which they are n
be executed or not. In the event this contract is terminated, all documents, pl
specifications, drawings, reports, and studies shall be delivered forthwith to
Commission. Consultant shall have the right to make one (1) copy of the plans fc
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hislher records.
15. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
ptlrwant to this contract shall be vested in Commission and hereby agrees to relin
all claims to such copyrights in favor of Commission.
16. HOLD HARMLESS AGREEMENT
The commission, its officers, and employees shall not be liable for any CI
liabilities, penalties,.fines, or any damage to goods, properties, or effects of any p
whatever, nor for personal injuries or death caused by, or resulting from, any inten
or negligent acts, errors or omissions of Consultant or Consultant’s agents, emplc
or representatives. Consultant agrees to defend, indemnify, and save free and harr
the Commission and its officers and employees against any of the foregoing cI
liabilities, penalties or fines, including liabilities or claims by reason of alleged defc
any plans and specifications, and any cost, expense or attorney’s fees whic
incurred by the Commission on account of any of the foregoing.
17. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any IT
due thereunder without the prior written consent of the Commission.
18. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed und,
contract by the Consultant, Consultant shall be fully responsible to the Commiss
the acts and omissions of Consultant’s subcontractor and of the persons either d
or indirectly employed by the subcontractor, as Consultant is for the acts and omi’
of persons directly employed by Consultant. Nothing contained in this contrac
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create any contractual relationship between any subcontractor of Consultant a
Commission. The Consultant shall bind every subcontractor and every subcontra
a subcontractor by the terms of this contract applicable to Consultant's work
specifically noted to the contrary in the subcontract in question approved in wrif
the Director.
19. PROHIBITED INTEREST
No official of the Commission who is authorized in such capacity on behall
Commission to negotiate, make, accept, or approve, or take part in negotiating, n
accepting, or approving of this agreement, shall become directly or indirectly ink
personally in this contract or in any part thereof. No officer or employee
Commission who is authorized in such capacity and on behalf of the Commis
exercise any executive, supervisory, or similar functions in connection w
performance of this contract shall become directly or indirectly interested perso
this contract or any part thereof.
20. VERBAL """"""" AGREEMENT ______ OR CONVERSATW
No verbal agreement or conversation with any officer, agent, or employe(
Commission, either before, during or after the execution of this contract, shall a
modify any of the terms or obligations herein contained nor entitle the Consultan,
additional.payment whatsoever under the terms of this contract.
21 - SUCCESSORS """" ___ OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," a
conditions, and provisions hereof shall inure to and shall bind each of the parties
and each of their respective heirs, executors, administrators, successors, and t
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22. """_" EFFECTIVE ""_ DATE
This agreement shall be effective on and from the day and year first
above.
23. "_I CONFLICT OF INTEREST
The Commission has determined, using the guidelines of the Political Refc
and the Commission's conflict of interest code, that the Consultant will not be rl
to file a conflict of interest statement as a requirement of this agreement. Hc
Conscrltant hereby acknowledges that Consultant has the legal responsib
complying with the Political Reform Act and nothing in this agreement r(
Consultant from this responsibility.
24. "_"""" INSURANCE
The Consultant shall obtain and maintain policies of general liability ins
automobile liability insurance, and a combined policy of worker's compensat,
employers liability insurance from an insurance company authorized to do busi
the State of California which meets the requirements of City Council Resolution
403 in an insurable amount of not less than one million dollars ($I,OOO,OOO) each
a lower amount is approved by the City Attorney or the City Manager. This in
shall be in force during the life of this agreement and shall not be canceled withc
(30) days prior written notice to the Commission sent by certified mail.
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The Commission shall be named as an additional insured on these policies. Th
Consultant shall furnish certificates of insurance to the Commission befor
commencement of work. ZL Executed by Consultant this JlA day of fi\c f'dx-( - 1 19(?L/ -.
CONSULTANT: CARLSBAD HOUSING AND
REDEVELOPMENT COMMISSION, a
( LlL, \/.,I I] (?(.:. public body corporate and politic of /' .*:
(name of Consii&t) the State of California
By: BY
(sign here)
ATTEST:
(print name here)
._
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign '
,,--"mronratians. If onlv on~cAcc.~~n~~,hncPcP~~ionm~aft?~~Lltir;LPCQCtifi
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STATE OF CALIFORNIA -
COUNTY OF5)-Ir?cli)lc-r)o }
personally appeared sj\ c le bxJ 012 -"--
ss.:
OnwiCI3\bA ;2\,\'\7+. before me,wQ!u\ h?c\c's -L _"" 7 , a not;
."" \.. --- 1" . . ~. ... . -.
personally known to me (or proved to me on the basis of st evidence) to be the personlpfwhose nameM is/w"subscr
y2-
1 ...::.:> f ,. "I! My Cmm Eq.h::r AyiI 12. 1Q9R P
.. cir NANGY M. REYES within instrument and acknowledged to me that be/she
cuted the same in-his/her/M authorized capacity(ies), E
2 ii/.*p-],$% COMM. #9G4104 5 %/her/ttreir signature ) on the instrument the person :; :\rts -. I- 9. NOTEW wotc . CAIJFORNIA 5
A. 7 :.4~ LMGO town -. entity upon behalf o (" which the person(p3 acred; ex€ instrument.
~.-~,".~".<;-~~~-.~~~ v " 4-v WITNES6 hand and fficial, sEa
Nolanai Seal &a kv, .qo3-v.., ' 'wublic '
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The Commission shall be named as an additional insured on these policie:
Consultant shall furnish certificates of insurance to the Commission 1
commencement of work.
Executed by Consultant this 2ly day of f%~@~~~ - ,191 . 9 cg
CONSULTANT: CARLSBAD HOUSING AND . .I REDEVELOPMENT COMMISSION, a 6.: (#’; -I I/ , CL > .. I / J public body corporate and politic of
(name of Consultq’nt) T the State of California
By: BY
(sign here)
ATTEST:
(print name here)
agef Secretary
(Proper notarial acknowledgment of execution by CONSULTANT must be attac
(President or vice-president and secretary or assistant secretary must s
corporations. If only one officer signs, the corporation must attach a resolution (
by the secretary or assistant secretary under corporate seal empowering that o
bind the corporation.)
APPROVED AS TO FORM:
RONAL R. BALL, Attorney car‘yJ-d &* & % using €4 Redevelopment Commission
BY ” -Begu#pCo mission Attorney PL.9-S%
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