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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. 2 .. z 0 E a 8 0 2, Agreement for Employment Services =! 0 z I, Resolution No. 92- 18’6 q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4 (* 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. .... .... .... .... .... .... .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e a 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) 2. . '\ ) 0 0 .. _L 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 " . ~ 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; I 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 1 Rev. 2/3/92 8. * 0 0 .. .. I .. 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. Rev. 2/3/92 2 i I0 0 .. .. * ~. .. 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. 3 Rev. 2/3/92 0 a . .* a. .. 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 i 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 l 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 4 Rev. 2/3/92 0 0 . -* .. 4 ,. .. I 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. Rev. 2/3/92 5 i 0 e. .. . '. .( , .. 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 I 6 Rev. 2/3/92 e .. . Bq 3 .. .. . 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. 7 Rev. 2/3/92 0 e <- . 'f .. .a , .. 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 i 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. i 8 Rev. 2/3/92 . . '* .* * 0 e e. .. b 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 Rev. 2/3/92 9 . I’ e4 . v ;(I) 0 L i .. L 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, .IO Rev. 2/3/92 . ' .'A p (I, e .~ .. L L 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. I 11 Rev. 2/3/92 * 44 . 5. ? 0 e *. e’ L c 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. .... .... 12 Rev. 2/3/92 I . e e ., 1 %.- ’, 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 19-. 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 13 Rev. 2/3/92