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HomeMy WebLinkAbout1991-05-14; City Council; 11151; Hiring center admin/employment svcs contract Res 91-145 SER/Jobs for Progress, Inc. contractrAB# I41151 TITLE: AWARD OF CONTRACT FOR MTG. 5-1.\-91 ADMINISTRATION AND EMPLOYMENT DEPT. CD SERVICES - CARLSBAD HIRING CENTER DEPT. CITY I CITY I Q w i5 fz eE $L 4 z .. 0 5 a =! 0 z 3 0 0 C~~OF cARLSBAD - AGENYBILL 55 e RECOMMENDED ACTION: Approval Of Resolution NO. ? 1 - 1 Y 5 awarding the contract for administrative an employment services at the Carlsbad Hiring Center, to San Diego County SEWJob for Progress Inc. for the period beginning on May 20, 1991 and ending November 2( 1991. ITEM EXPLANATION On March 5, 1991, Council authorized staff to initiate contract negotiations wit1 SER/Jobs for Progress Inc., for administrative and employment services at thc Carlsbad Hiring Center. SER/Jobs for Progress was selected as a sole sours provider (Administrative Order No. 36, section 6) of these services based upon theii expertise in the area of employment, development and training, their familiarity witk the migrant situation in North County, their bilingual capabilities and their cos1 proposal. Per the agreement, SER’s responsibilities will include; providing bilingual staff registration, placement, referral and reporting services, six days per week, at the Carlsbad Hiring Center, located at 5958 El Camino Real. SER will assist the City of Carlsbad in distribution of information about the Hiring Center to the community and they will provide information and referrals for training and social services to applicants who request this service. FISCAL IMPACT The term of the contract is for a six month period, with an option to renew for up to an additional one (1) year period. The six month cost of SER’s proposal totals $34,815.00, with an additional $34,815.00 for each subsequent six month period, up to one (1) year. On March 5,1991, Council allocated monies for the Hiring Center project, including employment services, for a six month period. Payment of this contract will be made from those funds already allocated to the project. In the event Council resolves to extend the program beyond six (6) months, staff submitted a new program budget request, for funding of the Hiring Center project during the remainder of the FY 91- 92 budget year. Continued funding of this program is included in the proposed 1991- 92 Operating and Capital Budget. EXHIBITS 1. 2. Agreement for Employment Services Resolution No. 9 I - \ q 5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9 1 - 14 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSSBAD, CALIFORNIA, AWARDING THE CONTRACT FOR ADMINISTRATIVE AND EMPLOYMENT SERVICES. WHEREAS, the City Council, on March 5, 1991, authorized staff t begin contract negotiations with SER/Jobs for Progress Inc.; and WHEREAS, the agreement is complete and SER designated as th sole source of administrative and employment services for the Carlsbad Hirin Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of th City of Carlsbad, as follows: 1. That the City of Carlsbad will enter into an agreement with Sa Diego County Ser Jobs for Progress Inc., for all administrative ant employment services conducted at the Carlsbad Hiring Center at an initk rate of $34,815.00 for six (6) months, beginning May 20, 1991. 2. That at the end of six (6) months operation of the Carlsbad Hirin Center, the City Council will review all statistical, demographic and cost dat collected during the term, to determine the appropriateness of an extensio to said agreement. 3. That the Mayor of the City of Carlsbad is hereby authorized an directed to execute said agreements for and on behalf of the City Council c the City of Carlsbad, California. PASSED, APPROVED AND ADOPTED at a Regular Meeting of th City Council of the City of Carlsbad on the ILkth day of May , 199 by the following vote, to wit: I AYES: Council Members Lewis, Kdchin, Larson, Nygaard i NOES: None ABSENT: None St ant on ATTEST: l2ACtdL 4.gdk ALETJM L. RAUTENKRANZ, City Clelk 0 0 AGREEMENT THIS AGREEMENT, made and entered into as of the 20th day of May, 1991, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and SER Jobs for Progress Inc., hereinafter referred to as "Consult ant". RECITALS City requires the services of an Employment Services consultant to provide the necessary placement and referral services for the Carlsbad Hiring Center; 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 Consultant shall be obligated to perform all employment related services, including registration of job applicants and employers, job placement, job related referrals to other service providers, and a biweekly and monthly reporting of statistical information pertaining to usage, placement, and any demographic information, requested by City. Consultant agrees to verify eligibility for employment in the United States, for all persons requesting or obtaining 1 Rev. 11/8/90 e 0 employment services at the Carlsbad Hiring Center. Consultant agrees to operate the Carlsbad Hiring Center on a six (6) day per week basis, Monday through Friday from 6:OO a.m. until 11:OO a.m., and Saturday from 7:OO a.m. until 12:OO noon, excluding all holidays observed by City. Consultant agrees to provide a minimum of two (2) Placement Specialists and one (1) Project Supervisor, all possessing bilingual capabilities, at the Carlsbad Hiring Center during the hours of operation. Consultant agrees to assist City in distribution of public information materials, related to the Carlsbad Hiring Center. Consultant agrees to furnish all general ofice supplies, printing costs and postage associated with normal operations. 2. CITY OBLIGATIONS The City shall furnish office space, furniture, and all equipment necessary for the normal operation of the Carlsbad Hiring Center. City shall assume responsibility for all maintenance, utility and operational costs associated with the Carlsbad Hiring Center. City shall fund all printing and postage costs associated with the Public Information Program. City shall provide a staff liaison, to be appointed by the Community Development Director, to coordinate the Hiring Center project with the Consultant. 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 be completed within 180 days of that 2 Rev. 11/8/90 e e date. Extensions of the may be granted if requested by the Consultant and agreed to in writing by the Community Development Director. The City will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment of Fees," and shall be $34,815,00 No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work." 5. DURATION OF CONTRACT This agreement shall extend for a period of six (6) months from date thereof. The contract may be extended for an additional one (1) year period or parts thereof, based upon satisfactory performance and the City's needs. 6. PAYMENTOFFEES Three equal payments of $11,60S.O0 shall be paid at the following intervals: (1) actuation of the contract, (2) successful completion of the first 60 days of the contract, and (3) successful completion of the first 120 days of the contract. 3 Rev. 11/8/90 e e 7. CHANGESINWORK 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 by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement, 8. COWANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed 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 4 Rev. 11/8/90 e e otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRAm In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Community Development Director. The Commudty Development Director shd make a detennination of fact based upon the documents delivered to 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 Manager, the Manager shall determine the final payment of the contract. 11: 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 Rev. 11/8/90 5 e 0 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 Community Development Director. 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 Community Development Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. 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. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thuty (30) En the event of such suspension or days written notice to the other party. 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 be paid for work performed to the termination date; however, the total shall not exceed the lump 6 Rev. 11/8/90 0 e sum fee payable under paragraph 4. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 13. 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, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to the contract shall be the full and complete 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 payment whish the City may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the tmmigration 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. 7 Rev. 11/8/90 e e 14. OWNERSHIPOFDOCUMENTS All plans, studies, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications,reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 15. REPRODUCI'ION RIGHTS The Consultant agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 16. 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, nor for personal injuries or death caused by, OR resulting from, any intentional or negligent acts, errors or omissions 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 claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney's fees wxch are hcurred by the City on account of any of the foregoing. 8 Rev. 11/8/90 0 e 17. ASSIG"T OF CONTRA(T The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACIING 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 tern 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. 19. PROHIBITEDINTEREST 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 this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise 9 Rev. 11/8/90 e e any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 20. 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 entitle the Consultant to any additional payment whatsoever under the terms of this contract. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "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. 22. EFFECIWEDATF, This agreement shall be effective on and from the day and year first above written. 23. CONFLICTOFINTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk in 10 Rev. 11/8/90 e e accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Consultant shall report investments or interests in real property. 24. INSURANCE The Consultant shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one don dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. .... .... .... .... .... .... .... .... .... 11 Rev. 11/8/90 e 0 The City shall be named as an additional insured on these policies. The Co-ultm shall furnish certificates of insurance to the City before commencement of work. day of April 29 th Executed by Consultant this 1991, CONSULTANT: 9 CITY OF CARLSBAD, a municipal the State of Calif0 ' San Diego County SER/Jobs for Progress (name of Consultant) Gloria Federi ATTEST: iiaaL2e- ChairDerson - Board of Directors (title and organization of signatory) (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. E only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: ALETHA L. RAUTENKRANZ City Clerk Executive Director-SER Jobs for Progress Inc. m VINCENT F. BIONDO, JR.. 12 Rev. 11/8/90 *- e * - ? 1 i -4 - *. .4 .. z-3 JFORNIA 1 ss. 'k San l7ieaD B ~h, 1991 beforeme,-.lkrin+i .fn m a Notar, ate, personally appeared or proved to me on the bash-dence) to be the Executive Direct0 or proved to me on &he basis of satisfactory evidence) to be : corporation that executed the withii Instrument (known to me) (or proved to me on t vidence) to be the persons who executed the within behalf of the corporation therein named, and o me that such corporation executed the within uant to ita by-laws or a resolution of ita board of 7. Gloria Federico - a ChairWrson hand and offf twmr PURLI '< amhi* I m, (rn UT. fcv 0ffiCi.l MUd SMI