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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 -. "_ 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 9k -229.5 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 I _. 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 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. Ill Ill Ill Ill Ill 2. //I Ill Ill 111 Ill I// I// -. 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ) 2. rji,, ) 9 e ( I.. I ' AI _. 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] rev 3/25 1 \ f- *-: * 0 <Ib .I .. 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. rev. 31251: 2 r' I e 0 .' < -. 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. rev 3/25 3 0 0 Y. * -. 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. rev 31251 4 e e .. -. 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. rev. 3/29 5 .. , '. ' 0 0 .. 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 rev 3/25 6 .* . 0 0 I* .. 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. rev. 31251: 7 < ,- 0 0 fa . .. 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. rev 3/25 8 , ** 0 e 1% . -. 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. rev 3/25/' 9 \. 0 0 ‘, .. 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. rev. 3/25 11 0 0 5 .,< -_ 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 rev. 31251 10 .. 0 e .I "- 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 rev. 3i25lE 12 .\ 0 e I’ 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 rev 3/25] 13 , *> <. f 7 a e iJ -_ 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 rev. 312519 14 CALI FOR N IA ALL-PU R POSE ACKNOWLEDGEMENT state of ~c~ik< \^\\ c\ county of b.n,<?Q: e c- 3 C ~LA\\!&&.\\hq pkh-. - -- - before m&=-.- A& , , mvd UomcU *@.'aNCu HdlyRIDIc. \%,9 L On b-,u-\Q ,, - personally appeared C, e ,> c r-, Q L_=a (1 e. 7 -1 \ w*) a -(a) i] 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 Jlzi.- 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 Tdie of Type of Doarment CA&-~ C1.b 4.4 P H .*+ -< <*q\\\c \ - t Number of Pages: !,y _--- Document Date: e 1- I (-/ d, I- Signer(s) Other Than Named Above Capacify(ies) Claimed by Signer(s) I n7z--. Signer(s) Namc- n,\ tc P L,OQ 7- 0 lndrvldual 0 indlvldual (?X Q Y'.b.-k 't- 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 L I I ~ nicipa, iornia I I- t I I ied .) fo f co f pon -tified by th ficer to bin i i rev 3/25/9 *1 0 4-1 8-Min 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\ c, --- <-- i ,x,\/* /x) r-,