HomeMy WebLinkAbout2008-07-01; City Council; 19508; Administration and Employment Services ContractCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
19.508
07/01/08
CD
AWARD OF CONTRACT FOR
ADMINISTRATION AND EMPLOYMENT
SERVICES - CARLSBAD HIRING CENTER
DEPT. HEAD
CITY ATTY.
CITY MGR. f\J^^
RECOMMENDED ACTION: '
That the City Council ADOPT Resolution No. 2008-204 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 July 1, 2008 and ending June 30, 2009.
ITEM EXPLANATION:
On March 5, 1991, Council authorized staff to initiate contract negotiations with SER/Jobs for Progress
Inc., for administrative and employment services at the Carlsbad Hiring Center. SER/Jobs for Progress
was selected as a sole source provider Carlsbad Municipal Code Section 3.28.100 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 SER/Jobs for Progress has fulfilled its contractual 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, the
Finance Manager has determined that 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 SER/Jobs for Progress, Inc. totals $75,710.
The total budget request for Fiscal Year 2008-2009 is $88,000 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.
2.
Resolution No.2008-204
Agreement for Employment Services
DEPARTMENT CONTACT: Barbara Nedros 760-602-2710 bnedr@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
,/
D
Dnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
nnnn
1 RESOLUTION NO. 2008-204
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT
3 FOR ADMINISTRATIVE AND EMPLOYMENT SERVICES.
4
WHEREAS, the City Council, on March 5, 1991, authorized staff to begin
6 contract negotiations with SER/Jobs for Progress Inc.; and
7 WHEREAS, the agreement is complete and SER/Jobs for Progress Inc. is
8 designated as the sole source of administrative and employment services for the
9 Carlsbad Hiring Center,
10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
11 Carlsbad, as follows:
12 1. That the City of Carlsbad will enter into an agreement with San Diego
13 County SER/Jobs for Progress Inc., for all administrative and employment services
14 conducted at the Carlsbad Hiring Center for an annual sum of $75,510.00, beginning
15 July 1,2008.
16 2. That the Mayor of the City of Carlsbad is hereby authorized and directed
17 to execute said agreements for and on behalf of the City Council of the City of
18 Carlsbad, California.
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26
///
27
///
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1 8lo
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 1st day of July, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
A /I A
I// //
IjjfjlJ///^
X")
f /?
/h / fl/
(cmODE A LEWIS.'Mayor
ATTEST:
J}0 M
S)4 , n ^
WJ^-^A-^TS > f^XJUUA^;
/tJRRAUjlE M. \&
/(SEAL)^
N f \* t**** ***• -rf S
"Z. ^" *^> TT z3j£JK» \ zo ~
Xx///x i- ' O^'/iiiin^
OOD, City Cle'rk Q
AGREEMENT FOR PROFESSIONAL SERVICES
TO OPERATE THE HIRING CENTER
San Diego County SER/Jobs for Progress, Inc.
/HIS, AGREEMENT is made and entered into as of the / day of
2008, by and between the CITY OF CARLSBAD, a municipal
tion, ycity"), ancj San Diego County SER/Jobs for Progress, Inc., a corporation,
ractor").
RECITALS
A. City requires the professional services 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.
D. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor 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,
monthly reporting of statistical information pertaining to usage, placement, and any
demographic information, requested by the City. Consultant agrees to verify eligibility for
employment in the United States, for all persons requesting or obtaining employment services at
the Carlsbad Hiring Center. In accordance with the U. S. Department of Homeland Security and
the U.S. Citizenship and Immigration Services regulations published in the Handbook for
Employers the following procedures will be followed: 1) potential employees will be required to
complete a registration card; 2) the potential employee must present to the Consultant an
original document or documents that establish identity and employment eligibility; 3) Consultant
will examine the original document or documents the potential employee presents and then fully
complete Section 2 of the Employment Eligibility Verification Form I-9; 4) Consultant must
accept any document(s) from the Lists of Acceptable Documents presented by the individual
which reasonably appear on their face to be genuine and to relate to the person presenting
them; and 5) registration cards and documents will be retained by the Center.
Consultant agrees to operate the Carlsbad Hiring Center on a six day per week basis, Monday
through Saturday from 7:00 a.m. until 12:00 noon, excluding holidays observed by City.
Consultant agrees to provide a minimum of (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, printing
costs and postage associated with normal operations.
City Attorney Approved Version #05.06.08
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.
3. 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.
4. TERM
The term of this Agreement will be effective for a period of one (1) 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. 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.
5- TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
6. 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.
7. 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.
City Attorney Approved Version #05.06.08
8. 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.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. 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-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages 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 Liability (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. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
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.
City Attorney Approved Version #05.06.08
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 Coverage. If Contractor fails to maintain any of these insurance
coverages, 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 coverages. 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. INDEMNIFICATION
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 including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct 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.
12. 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.
13. 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.
City Attorney Approved Version #05.06.08
14- 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.
15. 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.
16. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Sandra Holder Name Salvador Martinez
Title Community Development Director Title President
Department Community Development Address 4700 North River Road Suite A
City of Carlsbad Oceanside. CA 92057
Address 1635 Faraday Avenue Phone No. 760- 754-6500
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.
17. 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, 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.
City Attorney Approved Version #05.06.08
18. 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.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. 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 (10) 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.
21. 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.
City Attorney Approved Version #05.06.08
22. 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.
23. 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 acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
24. 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 county.
25. 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.
26. 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.
City Attorney Approved Version #05.06.08
27. 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 conditions of this Agreement.
CONTRACTOR
*By:V£4
CITY
corpon
^, -"^(s'ign here) /
(print name/title)
V,
ATTEST:
mail address
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:
RONALD R-/ALL, City Attorney
//sf.By:.
8
City Attorney Approved Version #05.06.08
Resolution 01-01-04
I THE UNDERSIGNED, Gloria Federico, Chairperson of San Diego
County SER/Jobs for Progress, Inc., a California non profit corporation,
certify that the following resolution was passed at a regular meeting of the
Board 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 Sal Martinez, President, shall have full signatory authority and
act as our agent with full powers of the Board including but not limited to
negotiation, and all documents to secure funds.
/Gloria Federico, Chairperson " Ramon Bobadilla, Secretary/Treasurer
Date: