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HomeMy WebLinkAbout2004-06-22; City Council; 17673; Carlsbad Hiring Center contractAB# 17,673 TITLE: AWARD OF CONTRACT FOR ADMINISTRATION MTG. 6/22/04 CARLSBAD HIRING CENTER DEPT. CD AND EMPLOYMENT SERVICES - That the City Council APPROVE Resolution No. awarding a contract for administrative and employment services at the Carlsbad Hiring Center, to San Diego County SER/Jobs for Progress Inc. for the period beginning on July 1, 2004 and ending June 30, 2005. 2004-199 DEPT. HD. CITY ATTY. CITY MGR. ITEM EXPLANATION: On March 5, 1991, Council authorized staff to initiate contract negotiations with SEWJobs for Progress Inc., for administrative and employment services at the Carlsbad Hiring Center. SER/Jobs for Progress was selected as a sole source provider (Administrative Order No. 36, section 6) of these services based upon their expertise in the area of employment, development and training, their familiarity with the migrant situation in North County, their bilingual capabilities and their cost proposal. Per that agreement, SER’s responsibilities included; providing bilingual staff, registration, placement, referral and reporting services, six days per week, at the Carlsbad Hiring Center, located at 5958 El Camino Real. SER agreed to assist the City of Carlsbad in distribution of information about the Hiring Center to the community and they were to provide information and referrals for training and social services to applicants who requested this service. Based upon the success of the Hiring Center a new contract has been approved each year since 1991. San Diego County SEWJobs for Progress has fulfilled its contractal requirements and successfully met all performance objectives originally established. Based upon its continuing expertise in the area of employment services, development and training specifically aimed at the migrant population, this contract is exempt from the bidding procedure under Carlsbad Municipal Code Section 3.28.100 as a sole source provider. The term of the new contract will be for a one- year period, with the opportunity to extend for three (3) additional one year periods should the City Council so direct. FISCAL IMPACT: The term of the contract is for a one (1) year period, with an option to renew for up to three (3) additional one (1) year periods. The yearly cost of the contract with SERS/Jobs for Progress, Inc. totals $75,510.00. The total budget request for Fiscal Year 2004-2005 is $87,000 that includes the contract amount. All funds used for the Hiring Center come directly from the General Fund. There is no increase of funds requested. EXHIBITS: 1. Resolution No. 2004-i99 2. Agreement for Employment Services DEPARTMENT CONTACT: Barbara Nedros, (760) 602-271 0, email address bnedr@ci.carlsbad.ca.us 1 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. 2004-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT FOR ADMINISTRATIVE AND EMPLOYMENT SERVICES. WHEREAS, the City Council, on March 5, 1991, authorized staff to begin contract negotiations with SERlJobs for Progress Inc.; and WHEREAS, the agreement is complete and SEWJobs for Progress Inc. is designated as the sole source of administrative and employment services for the Carlsbad Hiring Center, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the City of Carlsbad will enter into an agreement with San Diego County SERlJobs for Progress Inc., for all administrative and employment services conducted at the Carlsbad Hiring Center for an annual sum of $75,51 0.00, beginning July 1, 2004. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City Council of the City of Carlsbad, California. Ill Ill Ill Ill Ill Ill Ill Ill Ill , 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd dayof June , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: Resolution No. 2004-199 page 2 -2- 3 AGREEMENT FOR PROFESSIONAL SERVICES TO OPERATE THE HIRING CENTER San Diego County SER Jobs for Progress Inc. rJ THIS AGREEMENT is made and entered into as of the 23 day of J L/ e e , 2003, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and San Diego County SER Jobs for Progress Inc., herein referred to as ("Contractor"). RECITALS A. City requires the professional services of a of an employment services Contractor to provide the necessary job placement and referral services for the Carlsbad Hiring Center and Contractor possesses the necessary skills and qualifications to provide the services required by the City. B. Contractor has the necessary experience in providing professional services and advice related to job placement and referral services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Section A of Recitals. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (I) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed seventy- five thousand five hundred ten dollars ($75,510) per Agreement year unless otherwise amended. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE City Attorney Approved Version #04.01.02 1 5. COMPENSATION Six equal payments of $12,585.00 shall be paid at the following intervals: (1) actuation of 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. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses I N DE M N I FI CAT1 0 N City Attorney Approved Version #04.01.02 2 including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqe and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. . 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version #04.01.02 3 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverage, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverage. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 7 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notices on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Sandra Holder Name 6f@yqA LOP- Department Community Development Title Community Development Director Title WO Address 335S fisr,od AdF- City of Carlsbad Address 1635 Faraday Avenue PhoneNo. 76 6r 7SV-dScdb Xulk 1%- (?e"S/AF Carlsbad, CA 92008 Phone No. (760) 602-2710 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, City Attorney Approved Version #04.01.02 5 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (I 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #04.01.02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01.02 7 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other cou n ty . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and **By: (sign here) (print name/title) (e-mail address) 8 City Attorney Approved Version #04.01.02 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RO-. BALL, City Attorney ' -6qxhy City Attorney +3Pf City Attorney Approved Version #04.01.02 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~. ~~~~~ -~~~ $==---eee 1 I State of California On 04//23/~~ , before me, Date 0 5M,TH Name and Title of ORicer (e.g., “Jane Doe, Notary Public”) personally appeared 6o’O&6E l@/?fic Name($ of Signer(s) dpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose namem is/* subscribed to the within instrument and acknowledged to me that he/.z&eMrq executed the same in hislkeFCHtetr authorized capacityw), and that by his- signatureo on the instrument the person@?, or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public - $ Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: A&b%,#FH &’A’ A&:S~~Q&V~ Document Date: <EH&’/cd 5 Number of Pages: - ,9 Signer(s) Other Than Named Above: - / //?E I Capacity(ies) Claimed by Signer Signer’s Name: 6mM6E d@~?fi t 0 individual 0 Partner - 0 Limited C General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: WCorporate Officer - Titiew CE 0 0 1999 Natina Notaty Association * 9350 De Sot0 Am , P.0 Box 2402 f Chatsworth, CA 91313-2402 f w.nationalnola~.orQ Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Resolution 01-01-04 I THE UNDERSIGNED, Leonard Mason, Chairperson of San Diego County SEWJobs for Progress, Inc., a California non profit institution, certify that the following resolution was passed at a regular meeting of the Bo~d of Directors of said institution, held on April 23,2004, a quorum being present. It is Resolved that the Board of Directors, meeting on April 23,2004, has voted that either George D. Lopez, CEO and or Sal Martinez, President, shall have Ml signatory authority and act as our agent with full powers of the Board including but not limited to negotiation, and all documents to secure hds. Date: 4