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HomeMy WebLinkAbout1990-03-13; City Council; 10528; AWARD OF CONTRACT FOR CHILD CARE CONSULTANT SERVICES. n 9 E % 0 .. 2 0 i= 0 a u A z 5 0 L-9. iic ClTWF CARLSBAD - AGENDWILL AB# /<xs2g TITLE: DEPT. HD.J CITY Am! MTG 3-13-90 AWARD OF CONTRACT FOR CHILD CARE DEPT. RES CONSULTANT SERVICES CITY MG~ 7 RECOMMENDED ACTION: Adopt Resolution No. %-sf approving and awarding the contract for Child Care Consultant Services to the International Child Resource Institute. ITEM EXPLANATION: On June 27, 1989, the City Council approved the inclusion of $62,500 for child care consultant services to the City. The Child Care Consultant will be charged with providing staff support to the Child Care Commission, including the development and completion of a needs assessment in each of the city’s four quadrants. On January 10, 1990, a selection committee, comprised of two staff members and three Child Care Commissioners, interviewed consultants for the position. The selection committee unanimously chose the International Child Resource Institute as the top candidate. FISCAL IMPACT: $62,500 in account number 001-820-1610-2479. EXHIBITS : 1. Resol ution No. 40 -55 2. Contract between the City of Carlsbad and International Child Resource Institute for consulting services. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 0 0 RESOLUTION NO. 9 0 - 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CHILD CARE CONSULTING SERVICES. WHEREAS, the City Council has determined that it is desirable and necessary to retain the services of a Child Care Consultant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves an agreement authorizing the retention of International Child Resource Institute for child care consulting services. 3. That funds are available in account number 001-820-1610-2479. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 13th day of March, 1990 by the following vote, to wit: AYES; Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin I 1 I EXHIBIT 2 0 0 AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 1990, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and International Child Resoqrce hereinafter referred to as "Consultant" . Institute RECITALS City requires the services of a Child Care Consultant to provide the necessary professional staff services for the City and its Child Care Commission: and Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS The duties of the Child Care Consultant include, but are not limited to, 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 Pol icies. 0 0 2 C. Assist the Child Care Commission in providing reports to the City Council on its progress in implementing Council directives. 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 Office, conduct a comprehensive needs assessment for child care in each of the city’s four quadrants. If needs are shown, provide information to the Child Care Commission to consider the economic feasibility of alternative means of addressing these needs. F. Assist City departments, child care providers, developers and other parties interested in the expansion of child care services in Carlsbad. G. 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, building, safety and planning regulations. I. Provide training and assistance to City staff in integrating at one location expertise in local and State building, safety, zoning, fire, parking, handicapped requirements and regulations applicable to the construction and rehabilitation of facilities designed for child care. J, Review State 1 icensing requirements and legislation regarding child care and suggest amendments and changes thereto. K. Provide those services outlined in the Timeline and Cost Summary, incorporated by reference hereto. 0 e 3 2. CITY OBLIGATIONS A. The City will make payment to the Consultant as provided for in this agreement. B. The City will make available to the Consultant any documents, studies 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) days after receipt of notification to proceed by the City and continue for a period of one (1) year from that date. Renewal of this agreement on an annual basis, not to exceed four (4) years, will be considered based on the product and performance of the Consultant in meeting his obligations and agreed to in writing by the City Manager. 4. FEES TO BE PAID TO CONSULTANT Payment of fees shall be within thirty (30) days after receipt by the City of a monthly invoice by the Consultant, Each invoice shall contain the name of each individual who worked, the position, the hourly rate, date, number of hours, and item worked on or type of work done. Invoices are subject to approval by the City Manager. No other compensation for services will be allowed except for those items covered by supplemental agreements per Paragraph 5, "Changes in Work." Fees to be paid to Consultant for work enumerated in the Timeline and Cost Summary of the ICRI Consul tation Proposal, incorporated by reference hereto, and in Paragraph 1 of this agreement, "Consultant's Obligations", are not to exceed $32,000 for consul tat ion assessment and program pol icy development . 0 a 4 If, after the enumerated phases within this agreement have been completed, the City decides to enact policy recommendations requiring further time and resource commitment , a new Contract wi 11 be negotiated. 5. CHANGES IN WORK If, in the course of the Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City Manager’s Office by the Consultant to inform the City of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or inval idate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Manager who will inform a principal of the Consultant’s firm of the necessity of such action and follow up with a supplemental agreement covering such work. 6. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any 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 agreed 0 0 5 to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 7. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. - 8. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver or perform the work as provided for in the Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to the City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. @ m 6 9. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If tbe resolution thus obtained is unsatisfactoryto the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 10. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services for Child Care and for those ob1 igations out1 ined in the Request for Proposal. Consultant shall indicate responsible individuals for fulfilling these obligations and may not change these responsibilities and/or individuals without City approval 6 Any payments made to Consultant are compensation solely for such services. e e 7 11. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall bs paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation is 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 in Consultant’s own way as an independent Contractor and in pursuit of Consultant’s independent calling, Consultant shall be under control of the City as to the result to be accomplished and the personnel assigned to the project, and shall consult with the City as provided for in the proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this contract shall be the full and comp’lete compensation to which the Consultant is entitled. The City shall not make any Federal or State tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers’ compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or workers’ compensation which the City may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. 0 e a The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but 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 of 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 and studies shall be delivered forthwith to the City. Consultant shall have the 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 claims, liabilities, penalties, fines or any damage to goods, properties, or effects of any person whatever, not for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors, or omission of Consultant or Consultant’s agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications. 0 0 9 15. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any 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 under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant’s work unless specifically noted to the 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 of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material supply contractor, or any subcontractor in connection with the execution of this Contract, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of c 0 10 this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee 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 such verbal agreement or conversation entitles the Consultant to any additional payment whatsoever under the terms of this Contract. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 21. CONFLICT OF INTEREST The Consultant shall file, on assuming office, leaving office and, if appropriate, annually, a Conflict of Interest Statement with the City Clerk of the City of Carlsbad for Consultants in Categories A, B, C and D in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. * m 11 22. INSURANCE The Consultant shall maintain general 1 iabil ity insurance, including personal injury 1 i abi 1 i ty, bl anket contractual 1 i abi 1 i ty, and broadform property damage liability. The combined single limit for bodily injury and property damage shall not be less than $300,000. The Consultant shall also maintain automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired automobiles. The combined single limit for bodily injury and property damage shall not be less than $500,000. 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 u 0 e INTERNATIONAL CHILD RESOURCE INSTITUTE TIMELINE AND COST SUMMARY These services would be immediately available to the City of Carlsbad at the following timeline and rates. 1) Identification of major child care issues: Month 1 - Initial meetings with Child Care Commission, etc. to refine parameters. 2) Consultation to Commission and City on all phases of development and 3) implementation of Carlsbad Child Care plan: Survey and Assessment of families in Carlsbad: Months 2-12 Early Month 2-4 - Develop assessment tool s. - Meet with designated Carlsbad groups, businesses and individuals in Administer surveys and/or conduct assessments. Collect data from agreed locations. Analyze data and assessment of information. focus groups conducted by ICRI staff/consultants. - - - - Computerize all data received for ease of comparison and recommendations. 4) Review of Child Care Supply: Early Month 2-4 - Research into local services and conditions. - Compile provider input. - Analyze 1 oca1 trends. - Project future child care needs, including policy development. - Develop and present child care services matrix. COST: Consultation, Information Review, Assessment and Computerization of Data 400 Hours at average fee of $50.00/hour: $20,000 5) Identify Carlsbad’s existing process for the provision of child care and suggest alternatives: Middle Month 3 6) Presentation of program models: Months 2,5 - Included in presentation: Models of municipal child care policies, state/national/international child care programs, and models of financially successful child care funding plans. rn W + 7) Funding strategy: Early Month 4 - Identify public and private support and include broad community support. COST: Resource identification, presentation of program models and funding strategy 100 Hours at average fee of $50.00/hour: $5,000 8) Carlsbad Report: Early Month 5 - Devel opment of detai 1 ed Carl sbad chi Id care pl an. Development and production of comprehensive draft report. - - Development and production of final report after draft submission. COST: Preparation of Final Report 100 Hours at average fee of $50.00/hour: $5,000 Total Costs of' consultation, assessment, analysis and reports on all phases: This includes production and secretarial costs, and is exclusive of up to $30,000 $2,000 in transportation costs.