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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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..
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~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
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