HomeMy WebLinkAbout1992-06-23; City Council; 11751; AWARD OF CONTRACT FOR ADMINISTRATION AND EMPLOYMENT SERVICES- CARLSBAD HIRING CENTERAWARD OF CONTRACT FOR
ADMINISTRATION AND EMPLOYMENT
Approval of Resolution No. s2-/86 awarding the follow-on co
administrative and employment services at the Carlsbad Hiring Center, to :
County SER/Jobs for Progress Inc. for the period beginning on July 1, 1992 a
June 30, 1993.
ITEM EXPLANATION
On March 5, 1991, Council authorized staff to initiate contract negotiat
SER/Jobs for Progress Inc., for administrative and employment services at thc
Hiring Center. SER/Jobs for Progress was selected as a sole source
(Administrative Order No. 36, section 6) of these services based upon their in the area of employment, development and training, their familiarity with tt-
situation in North County, their bilingual capabilities and their cost proposal
Per that agreement, SER’s responsibilities included; providing bilingc
registration, placement, referral and reporting services, six days per wee
Carlsbad Hiring Center, located at 5958 El Camino Real. SER agreed to assis
of Carlsbad in distribution of information about the Hiring Center to the comm
they were to provide information and referrals for training and social se
applicants who requested this service. Based upon the success of the Hirir
at the end of the original six month period, the original contract was extendec
San Diego County SER - Jobs for progress has fulfilled its contract requiren
successfully met all performance objectives originally established. Based
continuing expertise in the area of employment services, development anc
specifically aimed at the migrant population, the purchasing officer has waive
requirements. The term of the new contract will be for a one year period,
opportunity to extend for additional one year periods should the City Council :
a 9 0 a a. FISCAL IMPACT
The term of the contract is for a one (1) year period, with an option to renew
three (3) additional one (1 1 year periods. The yearly cost of SER‘s contr2
$69,630.00 and represents no rate or fee increase from the prior contract.
of this contract will be made from those funds already allocated to the projc
1992-93 Operating and Capital Budget.
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8 0 2, Agreement for Employment Services
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RESOLUTION NO. 92-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR
CALIFORNIA, AWARDING THE CONTRACT FOR ADMINISTRATI\
EMPLOYMENT SERVICES.
WHEREAS, the City Council, on March 5, 1991, authorized staff t
contract negotiations with SER/Jobs for Progress lnc.; and
WHEREAS, SER was designated as the sole source of administrai
employment services for the Carlsbad Hiring Center; and
WHEREAS, SER successfully completed its contract obligations; and
WHEREAS, the City Council wishes to continue operating the Carlsbz
Center during fiscal year 1992-93.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
as follows:
1. That the City of Carlsbad will enter into a follow-on agreement \
Diego County Ser Jobs for Progress Inc., for all administrative and employment
conducted at the Carlsbad Hiring Center at a rate of $69,630 for a one (1 ) ye2
beginning July 1, 1992.
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2. That the Mayor of the City of Carlsbad is hereby authorized and di
execute said agreements for and on behalf of the City Council of the City of (
California.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Citl
of the City of Carlsbad on the 23rd day of June , 1992, by the follow
to wit;
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Larson, Stanton, and Nygaard
ATTEST:
;
(SEAL)
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AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st day of July,
1992, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City", and San Diego County SER Jobs for Progress,
h e rei n a f t e r ref e r r ed to as " Cons u I ta n t " .
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RE Cl TA LS
City requires the services of an employment services consultant to
provide the necessary job 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;
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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
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eligibility for employTent in the United States, for all persons requesting for
obtaining employmenf services at the Carlsbad Hiring Center. Consultant
agrees to operate the Carlsbad Hiring Center on a six day per week basis,
Monday through Saturday from 7:OO a.m. until 12:OO noon, excluding all
holidays observed by City. Consultant agrees to provide a minimum of (1 1
project supervisor, and (2) placement specialists, all possessing bilingual
capabilities, at the Carlsbad Hiring Center during normal 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
office supplies, printin'g 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 public information. City shall provide a staff liaison, to be
appointed by the Community Development Director, to coordinate the Hiring
Center project with the Consultant.
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (1 0) days after receipt
of notification to proceed by the City and be completed within 365 days of that
date. Extensions of time 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 $69,630.00. No other compensation for
services will be allowed except those items covered by supplemental
agreements per Paragraph 8, "Changes in Work." In the event supplemental
financial assistance toward providing employment services at the Carlsbad
Hiring Center is received from any source by the Consultant, the fees payable
by the City of Carlsbad to the Consultant shall be reduced by that same
amount.
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5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) calendar year from
date thereof. The contract may be extended for three (3) additional one (1)
year periods or parts thereof, based upon satisfactory performance by
Consultant as determined is the sole discretion of the City.
6. PAYMENT OF ,FEES
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Six equal payments of $1 1,605.00 shall be paid at the following
intervals: (1 1 actuation of the contract, (2) successful completion of the first 60
days of the contract, (3) successful completion of 120 days of the contract, (4)
successful completion of 180 days of the contract, (5) successful completion
of 240 days of the contract, and (6) successful completion of 300 days of the
contract.
7. 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
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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 ttie City by Consultant to inform them of the proposed
changes along with a statement of estimated changes in charges or time
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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. COVENANTS A,GAINST CONTINGENT FEES I
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 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.
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10. TERMINATION OF CONTRACT
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 Community Development Director shall
make a determination 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 i
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 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
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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 (1 0) 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 theiri 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 sixty
(60) 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 be paid for
work performed to the termination date; however, the total shall not exceed the
lump 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.
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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
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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 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.
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.
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14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, 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, drawings, reports, and studies shall be
delivered forthwith to the City. Consultant shall have the right to make one (1 1
copy of the plans for his/her records.
15. REPRODUCTiON RiGHTS
The Consultan) agrees that all copyrights which arise from creation of
the work pursuant to Jhis 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
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specifications, and any cost, expense or attorney’s fees which are incurred by
the City on account of any of the foregoing.
17. 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.
18. 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.
19. 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,
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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 tu exercise 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.
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22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first above
written.
23. CONFLICT OF INTEREST
The Consultant svall file a Conflict of Interest Statement with the City
Clerk in 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. 91-403 in an insurable amount of
not less than one million 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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’, r’ The City shall be named as an additional insured on these policies. The
Consultant shall furnish certificates of insurance to the City before
commencement of work.
Executed by Consultant this 11th dayof June. 1992 f
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CONSULTANT: CITY OF CARLSBAD, a municipal San Diego County corporation of the State of California SER/Jobs for Progress, Inc.
(name of Consultant) /
By:
Mayor
By:
George Lopez ATTEST: Gloria Federico
(print name here)
President/CEO SecretarylTreasurer
(title and organizatioq of signatory) ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be
attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If 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:
RONALD R. BALL
Acting City Attorney
BY
Deputy City Attorney
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