HomeMy WebLinkAbout1996-09-10; City Council; 13807; AWARD OF CONTRACT FOR ADMINISTRATION AND EMPLOYMENT SERVICES- CARLSBAD HIRING CENTERJ
p' 1 T, I^ 9 /,'I - CITY OF CARLSBAD - AGENDA BILL
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CARLSBAD HIRING CENTER
P". Approval of Resolution No. awarding the contract for administ
employment services at the Carlsbad Hiring Center, to San Diego County SER/Jobs foi
lnc. for the period beginning on July 1, 1996 and ending June 30, 1997.
ITEM EXPLANATION:
On March 5, 1991, Council authorized staff to initiate contract negotiations with SEI
Progress Inc., for administrative and employment services at the Carlsbad Hiring
SER/Jobs for Progress was selected as a sole source provider (Administrative Ord
section 6) of these services based upon their expertise in the area of employment, de
and training, their familiarity with the migrant situation in North County, their bilingual (
and their cost proposal.
Per that agreement, SER's responsibilities included; providing bilingual staff, m
placement, referral and reporting services, six days per week, at the Carlsbad Hirii
located at 5958 El Camino Real. SER agreed to assist the City of Carlsbad in dis
information about the Hiring Center to the community and they were to provide inforr referrals for training and social services to applicants who requested this service. 8
the success of the Hiring Center at the end of the contract, they were granted three
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San Diego County SER - Jobs for Progress has fulfilled its contract require1
successfully met all performance objectives originally established. Based upon its
expertise in the area of employment services, development and training specifically ai
migrant population, the purchasing officer has waived bidding requirements. The term
contract will be for a one year period, with the opportunity to extend for addition2
additional one (1) year periods. The yearly cost of SER's contract totals $69,1 represents no rate or fee increase from the prior contract. Payment of this contract v
from those funds already allocated to the project in the 1996-97 Operating and Capita
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RESOLUTION NO. 96-295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI1
AWARDING THE CONTRACT FOR ADMINISTRATIVE AND EMPLOYMENT
SERVICES.
WHEREAS, the City Council, on March 5, 1991, authorized staff to begin cc
negotiations with SERIJobs for Progress Inc.; and
WHEREAS, the agreement is complete and SER designated as the sole sourc
administrative and employment services for the Carlsbad Hiring Center,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl:
follows:
1. That the City of Carlsbad will enter into an agreement with San Diegc
SERIJobs for Progress Inc., for all administrative and employment services conductt
the Carlsbad Hiring Center for an annual sum of $69,630.00, beginning July 1, 199
That the Mayor of the City of Carlsbad is hereby authorized and direc
execute said agreements for and on behalf of the City Council of the City of Carlsbz
California.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc
City of Carlsbad on the 10th day of September , 1996 by the following vo'
wit:
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: Council Member Finnila
- C711/TUDF'A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk )
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AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st day of July, 1996, I
and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred
as "City", and San Diego County SER Jobs for Progress, hereinafter referred to ,
"Co nsu I t a n t. "
RECITALS
City requires the services of an employment services consultant to provide
provide the necessary job placement and referral services for the Carlsbad Hiri
Center; and Consultant possesses the necessary skills and qualifications to provide t
services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenar
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
Consultant shall be obilgated to perform all employment related service
including registration of job applicants and employers, job placement, job relat
referrals to other service providers, monthly reporting of statistical information pertaini
to usage, placement, and any demographic information, requested by City. Consult2
agrees to verify eligibility for employment in the United States, for all persons requesti
or obtaining employment services at the Carlsbad Hiring Center. Consultant agrees
operate the Carlsbad Hiring Center on a six day per week basis, Monday throu
Saturday from 7:OO a.m. until 12:OO noon, excluding all holidays observed by Cit]
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Consultant agrees to provide a minimum of (1) project supervisor, and (2) placemel
specialists, all possessing bilingual capabilities, at the Carlsbad Hiring Center durin
normal hours of operation. Consultant agrees to assist City in distribution of pub1
information materials related to the Carlsbad Hiring Center. Consultant agrees 1
furnish all general office supplies, printing costs and postage associated with norm
operations.
2. CITY OBLIGATIONS
The City shall furnish office space, furniture and all equipment necessary for th
normal operation of the Carlsbad Hiring Center. City shall assume responsibility for E
maintenance, utility and operational costs associated with the Carlsbad Hiring Cente
City shall fund all printing and postage costs associated with public information. Cii
shall provide a staff liaison, to be appointed by the Community Development Director, i
coordinate the Hiring Center project with the Consultant.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt 4
notification to proceed by the City and be completed within 365 days of that datc
Extensions of time may be granted if requested by the Consultant and agreed to i
writing by the Community Development Director. The City will give allowance fc
documented and substantiated unforeseeable and unavoidable delays not caused by
lack of foresight on the part of the Consultant, or delays caused by City inaction or othe
agencies' lack of timely action.
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4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable for the services to be performe
according to Paragraph 6, "Payment of Fees," and shall be $69,630.00. No othl
compensation for services will be allowed except those items covered by supplement
agreements per Paragraph 8, "Changes in Work." In the event supplemental financi
assistance toward providing employment services at the Carlsbad Hiring Center
received from any source by the Consultant , the fees payable by the City of Carlsb:
to the Consultant shall be reduced by that same amount.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) calendar year from da
thereof. The contract may be extended by the City Manager for three (3) additional 01
(1) year periods or parts thereof, based upon a review of satisfactory performance ai
the City's needs. The parties shall prepare extensions in writing indicating effective da
and length of the extended contract.
6. PAYMENT OF FEES
Six equal payments of $11,605.00 shall be paid at the following intervals: (
actuation of contract, (2) successful completion of the first 60 days of the contract, (
successful completion of 120 days of the contract, (4) successful completion of 11
days of the contract, (5) successful completion of 240 days of the contract, and {
successful completion of 300 days of the contract.
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7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or th
City, and informal consultations with the other party indicate that a change in tb
conditions of the contract is warranted, the Consultant or the City may request
change in contract. Such changes shall be processed by the City in the followir
manner: A letter outlining the required changes shall be forwarded to the City t
Consultant to inform them of the proposed changes along with a statement of estimate
changes in charges or time schedule. A Standard Amendment to Agreement shall t
prepared by the City and approved by the City according to the procedures described
Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall nl
render ineffective or invalidate unaffected portions of the agreement.
8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained ar
company or person, other than a bona fide employee working for the Consultant, *
solicit or secure this agreement, and that Consultant has not paid or agreed to pay ar
company or person, other than a bona fide employee, any fee, commissio
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultir
from, the award or making of this agreement. For breach or violation of this warrant
the City shall have the right to annul this agreement without liability, or, in its discretio
to deduct from the agreement price or consideration, or otherwise recover, the ft
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
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9. NONDISCRIMINATION CLAUSE
The consultant shall comply with the state and federal laws regardii
nondiscrimination.
IO. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform the wc
as provided for in this contract, the City Manager may terminate this contract 1
nonperformance by notifying the Consultant by certified mail of the termination of tl
Consultant. The Consultant, thereupon, has five (5) working days to deliver sa
documents owned by the City and all work in progress to the Community Developme
Director. The Community Development Director shall make a determination of fa
based upon the documents delivered to City of the percentage of work which tt
Consultant has performed which is usable and of worth to the City in having tt
contract completed. Based upon that finding as reported to the City Manager, tt
Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (3
days written notice to the other party. In the event of such suspension or terminatic
upon request of the City, the Consultant shall assemble the work product and put sarr
in order for proper filing and closing and deliver said product to City. In the event
termination, the Consultant shall be paid for work performed to the termination dat
however, the total shall not exceed the lump sum fee payable under paragraph 4. TI.
City Manager shall make the final determination as to the portions of tasks completc
and the compensation to be made.
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.. 11. DISPUTES
If a dispute should arise regarding the performance of work under tl
agreement, the following procedure shall be used to resolve any question of fact
interpretation not otherwise settled by agreement between parties. Such questions
they become identified as a part of a dispute among persons operating under t
provisions of this contract, shall be reduced to writing by the principal of the Consult:
or the City Community Development Director. A copy of such documented dispute st
be forwarded to both parties involved along with recommended methods of resoluti
which would be of benefit to both parties. The City Community Development Director
principal receiving the letter shall reply to the letter along with a recommended meth
of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to t
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council
their resolution through the Office of the City Manager. The City Council may then (
to consider the directed solution to the problem. In such cases, the action of the C
Council shall be binding upon the parties involved, although nothing in this procedi
shall prohibit the parties seeking remedies available to them at law.
12. CLAIMS AND LAWSUITS
The Consultant agrees that any contract claim submitted to the City must
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Consultant acknowledg
that if a false claim is submitted to the City, it may be considered fraud and t
Consultant may be subject to criminal prosecution. The Consultant acknowledges tt
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California Government Code sections 12650 et sea., the False Claims Act, provides
civil penalties where a person knowingly submits a false claim to a public entity. The
provisions include false claims made with deliberate ignorance of the false informati
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see
to recover penalties pursuant to the False Claims Act, it is entitled to recover
litigation costs, including attorney's fees. The Consultant acknowledges that the filing
a false claim may subject the Consultant to an administrative debarment proceedi
wherein the Consultant may be prevented to act as a Consultant on any public work
improvement for a period of up to five years. The Consultant acknowledges debarme
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Consulta
from the selection process. b (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference
CS (Initial)
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultani
own way as an independent consultant and in pursuit of Consultant's independe
calling, and not as an employee of the City. Consultant shall be under control of tt
City only as to the result to be accomplished, but shall consult with the City as providc
for in the request for proposal. The persons used by the Consultant to provide servict
under this agreement shall not be considered employees of the City for any purpose
whatsoever.
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The Consultant is an independent Consultant of the City. The payment made
the Consultant pursuant to the contract shall be the full and complete compensation
which the Consultant is entitled, The City shall not make any federal or state tl
withholdings on behalf of the Consultant or hidher employees or subcontractors. TI
City shall not be required to pay any workers' compensation insurance
unemployment contributions on behalf of the Consultant or his/her employees
subcontractors. The Consultant agrees to indemnify the City within 30 days for any tz
retirement contribution, social security, overtime payment, unemployment payment
workers' compensation payment which the City may be required to make on behalf
the Consultant or any employee or subcontractor of the Consultant for work done und
this agreement or such indemnification amount may be deducted by the City from a
balance owing to the Consultant.
The Consultant shall be aware of the requirements of the Immigration Refoi
and Control Act of 1986 and shall comply with those requirements, including, but r
limited to, verifying the eligibility for employment of all agents, employee
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to
applicable requirements of law: federal, state and local. Consultant shall provide
necessary supporting documents, to be filed with any agencies whose approval
necessary.
The City will provide copies of the approved plans to any other agencies.
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15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as here
required are the property of the City! whether the work for which they are made 1
executed or not. In the event this contract is terminated, all documents, plar
specifications, drawings, reports, and studies shall be delivered forthwith to the Cit!
Consultant shall have the right to make one (1) copy of the plans for hidher records.
16. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the wc
pursuant to this contract shall be vested in City and hereby agrees to relinquish
claims to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
Consultant agrees to indemnify and hold harmless the City of Carlsbad and
officers, officials, employees and volunteers from and against all claims, damage
losses and expenses including attorney fees arising out of the performance of the wo
described herein caused in whole or in part by any willful misconduct or negligent act
omission of the Consultant, any subConsultant, anyone directly or indirectly employc
by any of them or anyone for whose acts any of them may be liable, except whe
caused by the active negligence, sole negligence, or willful misconduct of the City
Carlsbad.
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.. this contract or in any part thereof. No officer or employee of the City who is authorizl
in such capacity and on behalf of the City to exercise any executive, supervisory,
similar functions in connection with the performance of this contract shall becor
directly or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee oft
City, either before, during or after the execution of this contract, shall affect or mod
any of the terms or obligations herein contained nor entitle the Consultant to a
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,”
terms, conditions, and provisions hereof shall inure to and shall bind each of the parti
hereto, and each of their respective heirs, executors, administrators, successors, ai
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writtl
above.
24. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement with the City Clerk
accordance with the requirements of the City’s conflict of interest code incorporatii
Fair Political Practices Commission Regulation 18700 as it defines “consultant.” Tt
disclosure category shall be categories investments or interests in real property.
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Consultant shall at his own expense, upon written request by the City, defe
any such suit or action brought against the City, its officers, officials, employees E
volunteers. Consultant's indemnification of City shall not be limited by any prior
subsequent declaration by the Consultant.
18. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any moni
due thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under ti
contract by the Consultant, Consultant shall be fully responsible to the City for the a1
and omissions of Consultant's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Consultant is for the acts and omissions
persons directly employed by Consultant. Nothing contained in this contract sh
create any contractual relationship between any subcontractor of Consultant and t
City. The Consultant shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Consultant's work unle
specifically noted to the contrary in the subcontract in question approved in writing
the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally
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"- 25. INSURANCE
The Consultant shall obtain and maintain for the duration of the contract and a
and all amendments insurance against claims for injuries to persons or damage
property which may arise out of or in connection with performance of the wc
hereunder by the Consultant, his agents, representatives, employees or subcontractol
Said insurance shall be obtained from an insurance carrier admitted and authorized
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:VI and shall meet the City's policy 1
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Consultant shall maintain the types of coverages and minimum limi
indicated herein, unless a lower amount is approved by the City Attorney or Ci
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combine
single-limit per occurrence for bodily injury, personal injury and property damage. If th
submitted policies contain aggregate limits, general aggregate limits shall app
separately to the work under this contract or the general aggregate shall be twice tt
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
contractork work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
3. Workers' Compensation and Employer's Liability. Worker
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Compensation limits as required by the Labor Code of the State of California a
Employer’s Liability limits of $1,000,00 per accident for bodily injury. x x \
4. Pro ssional L‘ bility. Errors and omissi ns lia ility appropriate
the contractor’s profession wi per claim. Covera
shall be maintained for a eriod of e years following the ate completion of t
work.
imits of not less than $l,OOO,O
B. Additional Provisions.
Consultant shall ensure that the policies of insurance required under tt
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all polici
excluding Workers’ Compensation and ck
2. The contractor shall furnish certificates of insurance to the C
before commencement of work.
3. The contractor shall obtain occurrence coverage, excludii
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coveragc
required herein, then the City will have the option to declare the contractor in breach,
may purchase replacement insurance or pay the premiums that are due on existii
policies in order that the required coverages may be maintained. The contractor
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responsible for any payments made by the City to obtain or maintain such insuranc
and the City may collect the same from the contractor or deduct the amount paid fro
any sums due the contractor under this agreement.
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to recei\
written notice on behalf of the City and on behalf of the Consultant in connection wi
the foregoing are as follows:
For City: Title Communitv Development Director
Name Martv Orenvak
Address 2075 Las Palmas Drive
Carlsbad, California 92009
For Consultant: Title
Name
Address
27. BUSINESS LICENSE
Consultant shall obtain and maintain a City of Carlsbad Business License for th
duration of the contract.
28. ENTIRE AGREEMENT
This agreement, together with any other written document referred to o
contemplated herein, embody the entire agreement and understanding between thc
parties relating to the subject matter hereof. Neither this agreement nor any provisioi
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CALI FOR N IA ALL-PU R POSE ACKNOWLEDGEMENT
state of ~c~ik< \^\\ c\
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onally known to me - OR - 0 proved to me on the basis of sat~sfactory evidence to be the
person(s) whose name(s) idare subsabed to the wrthin
instrument and acknowledged to me that hekhelthey same in hdherltheir authorized
d that by his/her/their signature@) on
e person(s), or the entdy upon behalf of
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person(s) acted. exearted the instrument. W?TAfT< PUStlC-CALIFORNIA
lTNESS my hand and offiaal seal. ~~>-*&%P b c-. !XQ Q& c
Though he rnlomrarion below ts nd requred by law, ,? may prove valoable fo persons rewng M the document and could prevent fraudulent red and reattachment d Lhs fcfm to ancther document
Description of Attached Document
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Number of Pages: !,y _--- Document Date: e 1- I (-/ d, I-
Signer(s) Other Than Named Above
Capacify(ies) Claimed by Signer(s) I
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Signer(s) Namc- n,\ tc P L,OQ 7-
0 lndrvldual 0 indlvldual
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Signer(s) Name:
+T;por;t Officer 0 Corporate Officer
0 Partner - 0 Limited CI General CI Partner - 0 Limtted 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator
CI Other. 0 Other
Tie (5) - CA> I i
Signer IS Representmg Signer IS Representmg
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PAGE Six
George reported that in the past the Board passed a motion that authorized him to submit and sign all SER proposals and contracts. This would be a good time
to reiterate for the record.
MOTlON: TO REAFFIRM THE AUTHORITY GNEN TO GEORGE D. LOPEZ,
PRESIDENT/CEO OF SAN DIEGO COUNTY SEWJOB FOR PROGRESS, INC.,
TO SUBMIT AND SIGN ALL CONTRACTS AND PROPOSALS.
**** MOTION/SECOND/CARRIED SANIANIEGO/ESCALANTE ****
VII. ANNOUNCEMENTS
Next Meeting will be May 16th and the location will be announced. Options are SER Escondido, Oceanside EDD or Carlsbad Career Center.
VIII. ADJOURNMENT
Meeting adjourned at il:50 am. + “‘‘4?v\
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