HomeMy WebLinkAbout1989-10-17; City Council; 10314; Child care consultant request - proposal/contractAB#.&~L
MTQ. 10- 17-89
DEPT.
CITY I
TITLE:
APPROVAL OF CHILD CARE CONSULTANT
EXHIBIT m 0
October 17, 1989
To All Interested Parties:
The City of Carlsbad is soliciting proposals from interested firms ar individuals to serve as the City’s Child Care Consultant and provic professional staff services for the City of Carlsbad and the Car’lsbad Child Cai Commission. Attached is the Request for Proposal (RFP) which outlines th qualifications and other information which the City is seeking in order t evaluate the proposal s.
The deadline for submitting proposals is:
5:OO p.m. Wednesday, November 22, 1989 City of Carlsbad City Hall City Manager’s Office 1200 Carlsbad Village Drive Carl sbad, Cal i forni a 92008 Attn: Philip 0. Carter
Late proposals will be returned unopened.
For aldditional information, please contact Philip 0. Carter, Assistant to th City Manager, at (619) 434-2819.
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CITY OF CARLSBAD
REQUEST FOR PROPOSALS
CHILD CARE CONSULTANT
I. INTRODUCTION
The City of Carlsbad is seeking proposals from qualified firms ai individuals to provide professional child care consul tiant services . further the City's adopted Child Care Policies and give technical sta. support to the City and the Child Care Commission.
I I. BACKGROUND
On February 10, 1987, the Carlsbad City Council adopted the followii statement as an amendment to the Land Use Element of the General Plan:
"Encourage and promote the establishment of Child Care facilities in safe and convenient locations throughout the community to accommodate the growing demand for child care in the community caused by demographic, economic and soci a1 forces"
On February 24, 1987, the City Council established a nine-member Chi1 Care Task Force to assess child care needs in Carlsbad arid make specifi recommendations to the City Council.
In April, 1988, the Child Care Task Force presented the C'jty Council wil the following six recommendations:
1. Adopt the Task Force recommended policies on child care which, in part, acknowledge the importance of affordable, accessible quality child care as a necessary component of the City's demographic and economic growth and recognizes that the provision of child care is a collective responsibility to be shared by parents, child care professionals, employers, employee organizations, school s, businesses , community 1 eaders and giovernment officials. (These Child Care policies were adopted by the Carlsbad City Council on May 10, 1988.)
2. Establish a Child Care Commission which shall function in an advisory capacity to the Mayor and the City Counci 1 . Thi s Advisory Commission shall be comprised of seven members to be appointed by the Mayor and the City Council. (The Child Care Commission was c:reated on July 13, 1989 with a four-year Sunset Clause.)
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3. Instruct the City Manager to establish and fund the
position of "Child Care Coordinator." The coordinator position shall pursue and implement the lgoals and objectives set forth in the City's Child Care Policy. This position shall provide assistance to City departments, child care providers, private sector developers and other parties interested in the expansion of child care services within the City of Carlsbad; such assistance should include, but not be limited to, the tasks set forth in this report. The c:hild care coordinator shall provide reports to the City Council on a quarterly basis and serve as a staff resource to the Child Care Commission. (The Carlsbad City Council decided to instead seek a Child Care Consultant to provide staff services to the City and the Child Care Commission.)
4. Develop and implement a State and Federal Legislative Program on child care in coordination with the legislative platform adopted by the City Council. (Implemented in May of 1988.)
Develop and provide a public information packet for both child care users and child care providers. (This packet was completed and available beginning January 1, 1989.)
6. With the assistance of the child care coordinator, imp1 ement the recommended pol icy change to the General Plan, Zoning Standards, and Master and Specific Plans. (The City Manager's Office will process these policy changes. )
5.
111. CARLSBAD CHILD CARE COMMISSION
The Carlsbad City Council adopted the Child Care Commissiion Ordinance ' June of 1989.
The City Council adopted the Child Care Commissiont Ordinance wil a four-year Sunset Clause which, as it is now written, will repei the Child Care Commission Ordinance on July 13, 1993.
The Child Care Commission is an advisory commission to the Cil Council, and is charged with furthering the City's adopted Chi1 Care Policies, acting as a facilitator, encouraging the private an public sectors to become partners in child care services; acting a a public forum for all interested parties to address child car needs; and being an advisor on child care matters as requested t; the City Council.
Attention is called to the following speciific items:
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With this action creating the Child Care Commission, the City Council a1 requested that a needs assessment be conducted in each of the city's fo quadrants to determine current child care demands. Based on the resul of the needs assessment, the Consultant is to provide information to t Child Care Commission so they may consider the economic feasibility alternative means of meeting the needs identified. The City Council h clearly stated in all their deliberations on child care that implementing these responsibilities the City is not in the business providing child care. Subsequently, in late June, 1989 during budg considerations, the Council decided to use consultant services to provi staff support to the City and to the Child Care Commission.
Besides the specific assignment given to the Child Care Commission by tl City Council regarding the needs assessment in each of the four quadrant: and subsequent actions, the Child Care Commission will provide suppor. advice, assistance, as well as provide a forum to monitor and evalua' child care in Carlsbad on an ongoing basis. The adopted City Child Polic calls for the City to act as a facilitator, encouraging the private ai pub1 i c sectors to become partners in chi 1 d care services. Furthermorc there is a continuing need for a forum to enable all interested partic to address the universe of child care needs, and to consider appropria' actions.
IV. OBJECTIVE:
To find a highly qualified firm or individual who can assess the need fc and facilitate the provision of unique, creative and distinctive chi' care services in the City of Carlsbad.
V. CONSULTANT'S OBLIGATIONS:
The duties of the Child Care Consultant include, but are not limited tc the following:
A. Provide staff support for the Child Care Commission by attending regular meetings of the Commission, preparing agendas and staff reports, and providing expert guidance to the Child Care Commission.
B. Provide guidance and assistance to the Child Care Commission in implementing the goals and objectives set forth in the adopted Child Care Policies.
C. Assist the Child Care Commission in providing reports to the City Council on its progress in implementing Council directives.
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D. Work under the direction of the City Manager’s Office and with City staff in providing professional child care services to the City.
E. Under the direction of the City Manager’s Offiice, conduct a comprehensive needs assessment for child care in each of the city’s four quadrants. If needs are identified, provide recommendations to address these needs. (As part of your proposal, please out1 ine how you will do a needs assessment.)
F. Assist City departments, child care providers, developers and other parties interested in the expansion of child care services in Carlsbad.
Help focus and coordinate the City’s ongoing and future child care activities by exploring the potential range of options available to the City in facilitating the delivery of child care services and funding.
H. Develop and maintain a comprehensive facilities check list to assist developers and providers of child care services in complying with local, State, build‘ing, safety and pl anni ng regul ati ons.
I. Provide training and assistance to City staff in integrating, at one location, expertise in local and State building, safety, zoning, fire, park’ing, handicapped requirements and regulations applicable to the construction and rehabilitation of facilities designed for child care.
J. Review State licensing requirements and 1egislaLion regarding child care and suggest amendments and changes thereto.
G.
VI. PROPOSAL CONTENTS:
All proposals should be submitted in the format outlined below:
Section 1: Qualifications
Please forward a statement of qualifications which demonstrates knowled5 of how other communities are addressing child care issues; and needs.
Section 2: Personal Resumes
Section 3: Client List
P1 ease forward a cl ient 1 i st incl uding names, addresses and tel ephon numbers as references.
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Section 4: Written Analysis
Prepare an in-depth written analysis of how you intend to address t scope of work required and general objectives of the Carlsbad Child Ca Program. The format of the proposal should address each of t Consultant’s Obligations, as out1 ined above (A-J), and indicate who wi be responsible for accomplishing them. From this analysis, the Ci should be able to clearly assess your development of strategies a methodologies. This analysis should also indicate ]personnel dat, financial resources, sub-consul tants, schedules, additional profession< disciplines and other factors you feel appropriate to carry out th program. The selection committee is particularly interested in the lev( of service you can provide the City of Carlsbad and your demonstration I skills and abilities to accomplish the obligations of this proposal.
The selection committee welcomes suggestions for tasks and services nl specifically requested in this proposal, but considered necessary ai appropriate in carrying out this program successfully.
VII. SELECTION PROCEDURE
A selection committee has been formed to evaluate program proposals bast upon qualifications, experience and program design. A recommendation ( a child care consultant will be made to the City Manager. The City ( Carlsbad retains the right to reject all proposals.
VIII. PROGRAM COMPENSATION
Detailed program proposal s should include a schedule of fees for servic( and hourly rates of a1 1 program team personnel, including sub-consul tan1 if appropriate. The selection committee is open to varying approach( with respect to determining a scheduled fee for this program.
IX. DEADLINE
Please produce a total of seven (7) copies of your detailed program to t submitted by 5:OO p.m., Wednesday, November 22, 1989, to the City c Carlsbad City Manager’s Office, located at 1200 Carlsbad Village Drive Carlsbad, California. This material will be distributed and reviewed t the selection committee in advance of an interview to which the finalist will be invited. Late proposals will be returned unopened. If there ar any questions, please contact Philip 0. Carter, Assistant to the Cit Manager, at (619) 434-2819.
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AGREEMENT
THIS AGREEMENT, made and entered into as of the day t
, 1989, by and between the CITY OF CARLSBAD, a municipi
corporation, hereinafter referred to as "City", and
hereinafter referred to as "Consultant" .
RECITALS
City requires the services of a Child Care Consultant to provide t'
necessary professional staff services for the City and its Child [Care Commissior
and
Consultant possesses the necessary ski 11 s and qual if i cat i ons to provic
the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenani
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
The duties of the Child Care Consultant include, but are not limited tc
the following:
A. Provide staff support for the Child Care Commission by attendin
regul ar meetings of the Commission, preparing agendas and staff reports, an
providing expert guidance to the Child Care Commission.
B, Provide guidance and assistance to the Child Care Commission i
implementing the goals and objectives set forth in the adopted Child Car
Policies.
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C. Assist the Child Care Commission in providing repcirts to the Ci
Council on its progress in implementing Council directives.
D. Work under the direction of the City Manager’s Offiice and with Ci
staff in providing professional child care services to the City.
E. Under the direction of the City Manager’s Office, conduct
comprehensive needs assessment for child care in each of the city’s foi
quadrants. If needs are shown, provide information to the Child Care Commissic
to consider the economic feasibility of alternative means of addressing the:
needs.
F. Assist City departments, child care providers, developers and othc
parties interested in the expansion of child care services in Carlsbad.
G. Help focus and coordinate the City’s ongoing and future child cal
activities by exploring the potential range of options availablle to the City
facilitating the delivery of child care services and funding.
H. Develop and maintain a comprehensive facilities check list to assiz
developers and providers of child care services in complying with local, Statc
building, safety and planning regulations.
I. Provide training and assistance to City staff in integrating at or
location expertise in local and State building, safety, zoning, fire, parkin!
handicapped requirements and regulations applicable to the construction ar
rehabilitation of facilities designed for child care.
J. Review State 1 icensing requirements and legislation regarding chi1
care and suggest amendments and changes thereto.
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2. CITY OBLIGATIONS
A. The City will make payment to the Consultant as provided for in th
agreement.
B. The City will make available to the Consultant any dolcuments, studi
or other information in its possession related to the proposed project.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) da.ys after receil
of notification to proceed by the City and continue for a period of one (1) yel
from that date. Renewal of this agreement on an annual basis, not to excec
four (4) years, will be considered based on the product and performance of tl
Consultant in meeting his obligations and agreed to in writing by the Ci.
Manager.
4. FEES TO BE PAID TO CONSULTANT
Payment of fees shall be within thirty (30) days after receipt by the Cil
of a monthly invoice by the Consultant. Each invoice shall contain the name c
each individual who worked, the position, the hourly rate, date, number of hour$
and item worked on or type of work done. Invoices are subject to approval t
the City Manager. No other compensation for services will be allowed except fc
those items covered by supplemental agreements per Paragraph 5, "Changes .
Work."
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5. CHANGES IN WORK
If, in the course of the Contract, changes seem merited by the Consulta
or the City, and informal consultations with the other party indicate that
change in the conditions of the Contract is warranted, the Consultant or the Ci
may request a change in Contract. Such changes shall be processed by the Ci
in the following manner: A letter outlining the required changes shall I
forwarded to the City Manager’s Office by the Consultant to inform the City r
the proposed changes along with a statement of estimated changes in charges (
time schedule. After reaching mutual agreement on the proposal, a supplementi
agreement shall be prepared by the City and approved by the City Council. Sur
supplemental agreement shall not render ineffective or invalidate unaffectr
portions of the agreement. Changes requiring immediate action b.y the Consultai
or City shall be ordered by the City Manager who will inform a principal of tl
Consultant’s firm of the necessity of such action and folllow up with
supplemental agreement covering such work.
6. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained ar
company or person, other than a bona fide employee working for the Consultant
to solicit or secure this agreement, and that Consultant has not paid or agrec
to pay any company or person, other than a bona fide employee, any fec
commission, percentage, brokerage fee, gift, or any other consideratio
contingent upon, or resulting from, the award or making of this agreement. Fo
breach or violation of this warranty, the City shall have the right to annul thi
agreement without liability, or, in its discretion, to deduct from the agreemen
price or consideration, or otherwise recover, the full amount of such fee
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commission, percentage, brokerage fee, gift, or contingent fee.
7. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordinances regardi
nondiscrimination.
8. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver or perfo
the work as provided for in the Contract, the City may terminate this Contra1
for nonperformance by notifying the Consultant by certified mail of t
termination of the Contract. The Consultant, thereupon, has five (5) worki
days to deliver said documents owned by the City and all work in progress to t,
City Manager. The City Manager shall make a determination of fact based up
the documents delivered to the City of the percentage of work which tt
Consultant has performed which is usable and of worth to the City in having tt
Contract completed. Based upon that finding as reported to the City Council
the Council shall determine the final payment of the Contract.
9. DISPUTES
If a dispute should arise regarding the performance of work under thi
agreement, the following procedure shall be used to resolve any question of fa(
or interpretation not otherwise settled by agreement between parties. SUC
questions, if they become identified as a part of a dispute among person
operating under the provisions of this Contract, shall be reduced to writing b
the principal of the Consultant or the City Manager. A copy of such documente
dispute shall be forwarded to both parties involved along with recommende
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methods of resolution which would be of benefit to both parties. The Ci
Manager or principal receiving the letter shall reply to the letter along wi
a recommended method of resolution within ten (10) days. If the resolution th
obtained is unsatisfactory to the aggrieved party, a letter outlining the dispu
shall be forwarded to the City Council for their resolution. The City Counc
may then opt to consider the directed solution to the problem. In such case
the action of the City Council shall be binding upon the parties involvec
although nothing in this procedure shall prohibit the parties seeking remedij
available to them at law.
10. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services for Child Care a
for those obligations outlined in the Request for Proposal. Consultant sha
indicate responsible individuals for fulfilling these obligations and may nc
change these responsibilities and/or individuals without City approval. At
payments made to Consultant are compensation solely for such services.
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (3(
days written notice to the other party. In the event of such suspension (
termination, upon request of the City, the Consultant shall assemble the WOI
product and put same in order for proper filing and closing and deliver sai
product to City. In the event of termination, the Consultant shall be paid fo
work performed to the termination date; however, the total shall not exceed th
guaranteed total maximum. The City shall make the final determi,nation as to th
portions of tasks completed and the compensation to be made. Compensation i
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to be made in compliance with the Code of Federal Regulations.
12. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
Consultant’s own way as an independent Contractor and in pursuit of Consultant
independent calling. Consultant shall be under control of the City as to tl
result to be accomplished and the personnel assigned to the project, and sha
consult with the City as provided for in the proposal.
The Consultant is an independent contractor of the City. The payment ma(
to the Consultant pursuant to this contract shall be the full and comple
compensation to which the Consultant is entitled. The City shall not make ar
Federal or State tax withholdings on behalf of the Consultant. The City sha-
not be required to pay any workers’ compensation insurance om behalf of tl
Consultant. The Consultant agrees to indemnify the City for any tax, retiremei
contribution, social security, overtime payment, or workers’ compensation whic
the City may be required to make on behalf of the Consultant or any employee (
the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Refor
and Control Act of 1986 and shall comply with those requirements, including, bu
not limited to, verifying the eligibility for employment of all agents
employees, subcontractors and consultants that are included in this agreement
13. OWNERSHIP OF DOCUMENTS
All studies, drawings and reports as herein required are the property o
the City, whether the work for which they are made is to be executed or not
In the event this Contract is terminated, all documents, drawings, reports an
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studies shall be delivered forthwith to the City. Consultant shall have ti
right to make one (1) copy of the documents for his/her records.
14. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claim
liabilities, penalties, fines or any damage to goods, properties, or effects (
any person whatever, not for personal injuries or death caused by, or claim
to have been caused by, or resulting from, any intentional or negligent act!
errors, or omission of Consultant or Consultant’s agents, employees, (
representatives. Consultant agrees to defend, indemnify, and save free ai
harmless the City and its officers and employees against any of the foregoit
liabilities or claims of any kind and any cost and expense that, is incurred I
the City on account of any of the foregoing liabilities, including liabilitit
or claims by reason of alleged defects in any plans and specifications.
15. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part; thereof or ar
monies due thereunder without the prior written consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed undc
this Contract by the Consultant, Consultant shall be fully responsible to th
City for the acts and omissions of Consultant’s subcontractor and of the person
either directly or indirectly employed by the subcontractor, as Consultant i
for the acts and omissions of persons directly employed by Consultant. Nothin
contained in this Contract shall create any contractual relationship between an
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subcontractor of Consultant and the City. The Consultant slhall bind eve
subcontractor and every subcontractor of a subcontractor by thle terms of th
Contract applicable to Consultant's work unless specifica1l.y noted to tl
contrary in the subcontract in question approved in writing by the City.
17. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf
the City to negotiate, make, accept, or approve, or take part in negotiatin
making, accepting, or approving of any architectural , engineeriing, inspectior
construction or material supply contractor, or any subcontractor in connectic
with the execution of this Contract, shall become directly or indirect'
interested personally in this Contract or in any part thereof. No office1
employee, architect, attorney, engineer, or inspector of or for the City who .
authorized in such capacity and on behalf of the City to exercise any executivr
supervisory, or other similar functions in connection with the! performance (
this Contract shall become directly or indirectly interested personally in th.
Contract or any part thereof.
18. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employ€
of the City, either before, during, or after the execution of this Contract
shall affect or modify any of the terms or obligations herein contained nor SUC
verbal agreement or conversation entitles the Consultant to any addition;
payment whatsoever under the terms of this Contract.
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19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harmless Agreement", a
terms, conditions, and provisions hereof shall insure to and sh4all bind each
the parties hereto, and each of their respective heirs, executor.
administrators, successors, and assigns.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day and .year first abo'
written.
21. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the Cil
Clerk of the City of Carlsbad in accordance with the requirements of the Cil
of Carlsbad Conflict of Interest Code.
22. INSURANCE
The Consultant shall maintain general liability insur'ance, includirl
personal in jury 1 i abi 1 i ty, bl anket contractual 1 i abi 1 i ty, and broadform propert
damage liability. The combined single limit for bodily injury and propert
damagle shall not be less than $300,000.
The Consultant shall also maintain automobile bodily injury and propert
damage 1 iability insurance covering owned, non-owned, rented, and hirc
automobiles. The combined single limit for bodily injury and property damas
shall not be less than $500,000.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals.
(CONSULTANT’S NAME) CITY OF CARLSBAD:
BY Mayor
APPROVED AS TO FORM: ATTESTED :
Assistant City Attorney City Clerk