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HomeMy WebLinkAbout1994-11-15; Housing & Redevelopment Commission; Resolution 2611 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 I I 0 0 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 261 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISS OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AW. FOR CONTRACTUAL SERVICES OF THE ADMINISTRATION OF ' FAMILY SELF-SUFFICIENCY PROGF!" AND AUTHORIZING EXECUTION OF THE CONTRACT WHEREAS, The Housing and Redevelopment Commission previously recommended that staff distribute a Request Proposals for contractual services for the administration the Family Self-sufficiency Program; and WHEREAS, the proposal submitted by Lifeline Commun Services of North San Diego County, 200 Jefferson Str Vista, California, 92084 to administer the Family Se Sufficiency Program is acceptable; NOW, THEREFORE , BE IT HEREBY RESOLVED, By the Housing Redevelopment Commission of the City of Carlsbad, Californ as follows: 1. That the above recitations are true and correct 2. That the Housing and Redevelopment Commission hey approves the award of contractual services for administration of Family Self-sufficiency Program to Life] Community Services of North San Diego County. 3. That the Chairperson of the Housing and Redevelopment Commission is hereby authorized and directec execute the contract, a copy of which is attached. ... ... 1 ." i "* I 0 0 1 PASSED, APPROVED AND ADOPTED at a special meeting of . 2 Housing and Redevelopment Commission of the City of Carlsb( 3 6 5 the following vote, to wit: 4 California, held on the 15th day of NOVEMBER , 1994, ABSTAIN : None 8 ABSENT : None 7 NOES : None AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard, Finnil 9 10 11 12 Chairperson 17 11 ( SEAL) 18 19 20 21 22 23 24 25 26 27 28 -2- 0 a AGREEMENT FOR CONSULTANT SERVICES TO PROVIDE CASE MANAGEMENT FOR THE ~" FAMILY SELF-SUFFICIENCY PROGRAM. THIS AGREEMENT, made and entered into as of the 5th day of DECEP 19 94 , by and between the CARLSBAD HOUSING AND REDEVELOP COMMISSION, a public body corporate and politic, hereinafter referred "Commission", and Lifeline Community Services of North San Diego County, here referred to as "Consultant". -____. RECITALS WHEREAS, the Carlsbad Housing and Redevelopment Commission requil services of a Consultant to provide the necessary case management services . administration of the Family Self-Sufficiency (FSS) Program; and Consultant pos5 the necessary skills and qualifications to provide the services required t Commission; NOW, THEREFORE, in consideration of these recitals and the mutual cov contained herein, Commission and Consultant agree as follows: I. ""_" CONSULTANT'S ~____"_ OBLIGATIONS The consultant shall work under the contract monitoring of the Comm which is staffed by the City's Housing and Redevelopment Department (Director scope of services for the case management of the Family Self-sufficiency Progr a two-year period is as follows: A. Coordination: 1. "_"" Developnd """" distribute outreach material, recruit and select 30 partic fanIlies: To be eligible, families must be participants in the t-lousir Rev , 0 0 Authority’s Section 8 Rental Assistance Program. The Direct0 developed some outreach materials and will assist in the developm others. All outreach material developed by the consultant mu reviewed by the Director prior to distribution. The consultant will rnf a quarterly basis with the Consortium of Family Self-Suffic Coordinators. 2. Establish boards and committees as required: A Program Coordi: Committee (PCC) consisting of representatives from counseling ser educational programs, occupational training programs, emplo assessment and placement specialists, child care providers, single [ and displaced homemaker programs, and tenant representatives has established and meets on a quarterly basis. The consultant will mr a quarterly basis with the PCC. Other boards may include the forr of a participant board to assist in the development of the program. 3. Provide access to existing. social service providers: Consultants provide a process for program participants to gain admission I programs/services rendered by various social service providers, inc vocational and educational institutions. The case manager acts advocate for the participant in obtaining services. 4. Provide all necessaw timelines, monthlv reports, and monitoring sv: The consultant will establish timelines and monitor the progress participants in meeting their goals to become self-sufficient. Statistic; must be maintained to record outreach efforts, numbers of families achieved their goals and numbers of families which began the progra 2 Rev. 0 0 did not achieve their goals. The consultant will comply with all establ, timelines and report schedules. All records must be maintained in confidentiality. B. Provide Case Management: 1. Conduct orientation workshops and ongoing monthlv informa workshops: Group orientation and assessment workshops ma conducted. Social service providers from other agencies may pr informational workshops, e.g. credit counselors, career counselors. I effort should be made by the case manager to conduct group work: and case management sessions when needed at the offices c Commission. 2. Provide individual counselinq sessions with participants as needed: Case managers provide both Technical Counseliniq - Who, what, whe how to access services, as well as Supportive Counseling - Pr feedback, advice and motivation. 3. IdentifV barriers and needs of participants to become self-sufficient: Barriers to self sufficiency may include: (I) Personal barriers - Lz goals, poor language and communication skills, lack of basic re: writing or mathematic skills, poor decision making skills or lack of SL (transportation, child care etc.). (2) Agency Barriers - Lack of know of social service providers, inability to access providers, and, IE cooperation between agencies. 4. Execute an FSS Contract of Participation for each familv: The Contl Participation (COP) documents the goals of the family to obtair 3 Rev. 0 m sufficiency. The initial term of the contract is five years (maybe extenc for 2 years). The case manager may set milestones for employment : other activities leading to self-sufficiency early in the five year contract tc in accordance with the family's abilities. Three pieces of information t must be included in the COP are: (I) Gross annual income, (2) The amount of earned income in the gr annual income; and (3) Family's contribution toward the rent or 30% monthly adjusted income for Voucher holders. Participants who achl their goals as outlined in the Contract receive funds deposited into "Escrow Account'' during the contract period. Those funds, depositec the Commission, represent the monthly increase in earned income from beginning of the contract to the end of the contract period. 5. Develop an Individualized Training and Service Plan to achieve : sufficiencv for all families: An Individual Training and Service Plan (T must be completed for the FSS head of household. Family member: years of age or older will be encouraged to execute an individual T The TSP organizes the COP into attainable steps. The resources services to be provided are contained in the TSP. It also contains intc and final goals to be achieved. A mandatory interim goal for fam receiving "welfare assistance" is that all family members must be fre such assistance within one year prior to the expiration of the contract 6. Provide dav-to-dav follow-up and assessment of proqress made towarc achievement of the goals of the Training and Services Plan and Contract of Participation: Even though the COP is a legal agreement 4 Rev. 81 0 0 appears rigid in terms of specificity, it must be viewed as fluid and fle Reevaluation or renegotiation by mutual consent as changes occur, periodic intervals, is viewed as an integral part of case management. files documenting the progress of participants must be maintained 7. Provide required documentation and documents as requested by Commission or the Department of Housinq and Urban Development success of the FSS program will be measured by the following criteri, The number of families previously unemployed who obtain employme The number of families who obtain better paying jobs, (3) The numl families who obtain high school equivalency diplomas, or higher educ and (4) The number of families who increase their income levels et to exceed the need for housing subsidies and/or "welfare assistance" status of those monitored criteria are to be reported on a quarterly to the Commission. C. Reporting Requirements: 1. On a quarterly basis the consultant shall provide a repor includes: A description of outreach activities carried out under thc program. A description of the effectiveness of the program in h families to achieve independence and self-sufficiency, mea by reports of specific progress toward COP goals. A description of the effectiveness of the program in coordi resources in the community to help families achieve sufficiency. Recommendations by the consultant for legislative administrative improvements which would improve effectiveness of the program. 5 Rev. a 0 2. On a quarterly basis the consultant shall provide a rep following monitored criteria: The number of families previously unemployed who employment. 9 The number of families who obtain higher paying jobs, The number of families who obtain high school equiv diplomas, or higher education. The number of families who increase their income levels E to exceed the need for housing subsidies and/or "L assistance". 3. The consultant shall maintain racial and ethnic data with res1 families who: Responded to outreach efforts but declined to participate. Elected to participate but did not execute a contract. Executed a contract and voluntarily left the program. Executed a contract and completed the program. D. Program start-up and Timelines: 1. The work under this contract will begin within ten (1 0) day receipt of notification to proceed by the Director. 2. The two-year schedule for participants to enter into a Cont Participation is as follows: First Year Second Year 1st Quarter - 5 1st Quarter - 30 3rd Quarter - 20 3rd Quarter - 30 4th Quarter - 30 4th Quarter - 30 2nd Quarter - 10 2nd Quarter - 30 2. COMMISSION OBLIGATIONS The Commission shall provide the consultant with reasonable and appr staff guidance, assistance and access to related materials in order to providc management for the FSS program. Staff will make their time available and COC 6 Rev, a 0 management for the FSS program. Staff will make their time available and coo with the consultant to ensure case management is provided in a timely manner. reasonable notice, the Director will make office space available to conduct presentations and case management. The Commission shall make all arrangeme the notification of participants of consultant sponsored workshops/presentations 3. _"" FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payn Fees," and shall be $30,000.00. No other compensation for services will be a except those items covered by supplemental agreements per Paragraph 8, "Char Work." The City reserves the right to withhold ten percent (10%) of the total fee u project has been accepted by the Commission. 4. """ DURATION OF CONTRACT This agreement shall extend for a period of two (2) years from Januarv 3, 1 JanLjary - - - - - ." - 3, 199z. The contract may be extended by the Director for one (1) adc one (1) year period(s) or parts thereof, based upon a review of satisfactory perforl and the Commission's needs. The parties shall prepare extensions in writing ind effective date and length of the extended contract. 5. "_ PAYMENT "- OF FEES Payment of fees shall be upon a quarterly basis as work progresse . according to billing which includes a brief description of work completed duril quarter. 6. -" CHANGES - - " - - " " - . - IN - - - WORK - - - - - - - If, in the course of the contract, changes seem merited by the Consultant Commission, and informal consultations with the other paw indicate that a change 7 Rev. e e a change in contract. Such changes shall be processed by the Commission following manner: A letter outlining the required changes shall be forwarded Director by Consultant to inform him of the proposed changes along with a stater estimated changes in charges or time schedule. A supplemental agreement s prepared by the Director and approved by the Commission according to the proc described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agrc shall not render ineffective or invalidate unaffected portions of the agreement. 7. CQVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any co or person, other than a bona fide employee working for the Consultant, to sc secure this agreement, and that Consultant has not paid or agreed to pay any co or person, other than a bona fide employee, any fee, commission, percc brokerage fee, gift, or any other consideration contingent upon, or resulting fra award or making of this agreement. For breach or violation of this warran Commission shall have the right to annul this agreement without liability, or discretion, to deduct from the agreement price or consideration, or otherwise rc the full amount of such fee, commission, percentage, brokerage fees, gift, or con fee. 8. """_ NONDISCRIMINATION CLAUSE The Consultant shall comply with all state and federal laws re< nondiscrimination in the provisions of services and the Equal Opportunity Emplc of Personnel. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform th 8 Rev 0 e as provided for in this contract, the Commission may terminate this con nonperformance by notifying the Consultant by certified mail of the terminatic Consultant. The Consultant, thereupon, has five (5) working days to deli documents owned by the Commission and all work in progress to the Hc Redevelopment Director. The Housing & Redevelopment Director shall determination of fact based upon the documents delivered to Commissior percentage of work which the Consultant has performed which is usable and to the Commission in having the contract completed. Based upon that fir reported to the City Manager, the Manager shall determine the final paymel contract. IO. DISPUTES If a dispute should arise regarding the performance of work under this agl the following procedure shall be used to resolve any question of fact or interpret otherwise settled by agreement between parties. Such questions, if they identified as a part of a dispute among persons operating under the provisior contract, shall be reduced to writing by the principal of the Consuitant or the [ A copy of such documented dispute shall be forwarded to both parties involvc with recommended methods of resolution which would be of benefit to both pari Director or principal receiving the letter shall reply to the letter alons recommended method of resolution within ten (IO) days. If the resolution thus is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be fc to the Commission for their resolution through the Office of the City Manag Commission may then opt to consider the directed solution to the problem. cases, the action of the Commission shall be binding upon the parties involved, 9 R 0 0 nothing in this procedure shall prohibit the parties seeking remedies available 1 at law. 11. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (3 written notice to the other party. In the event of such suspension or terminatioi request of the .Commission, the Consultant shall assemble the work product I same in order for proper filing and closing and deliver said product to Commiss the event of termination, the Consultant shall be paid for work performed termination date; however, the total shall not exceed the lump sum fee payabll paragraph 4. The Commission shall make the final determination as to the por tasks completed and the compensation to be made. 12. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultar way as an independent contractor and in pursuit of Consultant’s independent calli not as an employee of the City. Consultant shall be under control of the Com only as to the result to be accomplished, but shall consult with the Commis provided for in the request for proposal. The persons used by the Consultant to services under this agreement shall not be considered employees of the Commi: any purposes whatsoever. The Consultant is an independent contractor of the Commission. The F made to the Consultant pursuant to the contract shall be the full and cl compensation to which the Consultant is entitled. The Commission shall not m federal or state tax withholdings on behalf of the Consultant or hislher ernplo strbcontractors. The Commission shall not be required to pay any c 10 Re- 0 0 compensation insurance or unemployment contributions on behalf of the Consultar hislher employees or subcontractors. The Consultant agrees to indemnify Commission for any tax, retirement contribution, social security, overtime paym unemployment payment or workers' compensation payment which the Commission I be required to make on behalf of the Consultant or any employee or subcontractor oi Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform Control Act of 1986 and shall comply with those requirements, including, but not lim to, verifying the eligibility for employment of all agents, employees, subcontractors consultants that are included in this agreement. 13. ""_ CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform tc applicable requirements of law: federal, state and local. Consultant shall providl necessary supporting documents, to be filed with any agencies whose approv; necessary. The Commission will provide copies of the approved plans to any other agenc 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches,' drawings, reports, and specifications as hc required are the property of the Commission, whether the work for which they are n be executed or not. In the event this contract is terminated, all documents, pl specifications, drawings, reports, and studies shall be delivered forthwith to Commission. Consultant shall have the right to make one (1) copy of the plans fc 11 Rev. 8, 0 0 hislher records. 15. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the ptlrwant to this contract shall be vested in Commission and hereby agrees to relin all claims to such copyrights in favor of Commission. 16. HOLD HARMLESS AGREEMENT The commission, its officers, and employees shall not be liable for any CI liabilities, penalties,.fines, or any damage to goods, properties, or effects of any p whatever, nor for personal injuries or death caused by, or resulting from, any inten or negligent acts, errors or omissions of Consultant or Consultant’s agents, emplc or representatives. Consultant agrees to defend, indemnify, and save free and harr the Commission and its officers and employees against any of the foregoing cI liabilities, penalties or fines, including liabilities or claims by reason of alleged defc any plans and specifications, and any cost, expense or attorney’s fees whic incurred by the Commission on account of any of the foregoing. 17. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any IT due thereunder without the prior written consent of the Commission. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed und, contract by the Consultant, Consultant shall be fully responsible to the Commiss the acts and omissions of Consultant’s subcontractor and of the persons either d or indirectly employed by the subcontractor, as Consultant is for the acts and omi’ of persons directly employed by Consultant. Nothing contained in this contrac 12 Rev. 0 0 create any contractual relationship between any subcontractor of Consultant a Commission. The Consultant shall bind every subcontractor and every subcontra a subcontractor by the terms of this contract applicable to Consultant's work specifically noted to the contrary in the subcontract in question approved in wrif the Director. 19. PROHIBITED INTEREST No official of the Commission who is authorized in such capacity on behall Commission to negotiate, make, accept, or approve, or take part in negotiating, n accepting, or approving of this agreement, shall become directly or indirectly ink personally in this contract or in any part thereof. No officer or employee Commission who is authorized in such capacity and on behalf of the Commis exercise any executive, supervisory, or similar functions in connection w performance of this contract shall become directly or indirectly interested perso this contract or any part thereof. 20. VERBAL """"""" AGREEMENT ______ OR CONVERSATW No verbal agreement or conversation with any officer, agent, or employe( Commission, either before, during or after the execution of this contract, shall a modify any of the terms or obligations herein contained nor entitle the Consultan, additional.payment whatsoever under the terms of this contract. 21 - SUCCESSORS """" ___ OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," a conditions, and provisions hereof shall inure to and shall bind each of the parties and each of their respective heirs, executors, administrators, successors, and t " I3 Re\ * 0 22. """_" EFFECTIVE ""_ DATE This agreement shall be effective on and from the day and year first above. 23. "_I CONFLICT OF INTEREST The Commission has determined, using the guidelines of the Political Refc and the Commission's conflict of interest code, that the Consultant will not be rl to file a conflict of interest statement as a requirement of this agreement. Hc Conscrltant hereby acknowledges that Consultant has the legal responsib complying with the Political Reform Act and nothing in this agreement r( Consultant from this responsibility. 24. "_"""" INSURANCE The Consultant shall obtain and maintain policies of general liability ins automobile liability insurance, and a combined policy of worker's compensat, employers liability insurance from an insurance company authorized to do busi the State of California which meets the requirements of City Council Resolution 403 in an insurable amount of not less than one million dollars ($I,OOO,OOO) each a lower amount is approved by the City Attorney or the City Manager. This in shall be in force during the life of this agreement and shall not be canceled withc (30) days prior written notice to the Commission sent by certified mail. ... ... 14 RC I e 0 The Commission shall be named as an additional insured on these policies. Th Consultant shall furnish certificates of insurance to the Commission befor commencement of work. ZL Executed by Consultant this JlA day of fi\c f'dx-( - 1 19(?L/ -. CONSULTANT: CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a ( LlL, \/.,I I] (?(.:. public body corporate and politic of /' .*: (name of Consii&t) the State of California By: BY (sign here) ATTEST: (print name here) ._ (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign ' ,,--"mronratians. If onlv on~cAcc.~~n~~,hncPcP~~ionm~aft?~~Lltir;LPCQCtifi - I I! 1 I !it STATE OF CALIFORNIA - COUNTY OF5)-Ir?cli)lc-r)o } personally appeared sj\ c le bxJ 012 -"-- ss.: OnwiCI3\bA ;2\,\'\7+. before me,wQ!u\ h?c\c's -L _"" 7 , a not; ."" \.. --- 1" . . ~. ... . -. personally known to me (or proved to me on the basis of st evidence) to be the personlpfwhose nameM is/w"subscr y2- 1 ...::.:> f ,. "I! My Cmm Eq.h::r AyiI 12. 1Q9R P .. cir NANGY M. REYES within instrument and acknowledged to me that be/she cuted the same in-his/her/M authorized capacity(ies), E 2 ii/.*p-],$% COMM. #9G4104 5 %/her/ttreir signature ) on the instrument the person :; :\rts -. I- 9. NOTEW wotc . CAIJFORNIA 5 A. 7 :.4~ LMGO town -. entity upon behalf o (" which the person(p3 acred; ex€ instrument. ~.-~,".~".<;-~~~-.~~~ v " 4-v WITNES6 hand and fficial, sEa Nolanai Seal &a kv, .qo3-v.., ' 'wublic ' - 7 I) 0 The Commission shall be named as an additional insured on these policie: Consultant shall furnish certificates of insurance to the Commission 1 commencement of work. Executed by Consultant this 2ly day of f%~@~~~ - ,191 . 9 cg CONSULTANT: CARLSBAD HOUSING AND . .I REDEVELOPMENT COMMISSION, a 6.: (#’; -I I/ , CL > .. I / J public body corporate and politic of (name of Consultq’nt) T the State of California By: BY (sign here) ATTEST: (print name here) agef Secretary (Proper notarial acknowledgment of execution by CONSULTANT must be attac (President or vice-president and secretary or assistant secretary must s corporations. If only one officer signs, the corporation must attach a resolution ( by the secretary or assistant secretary under corporate seal empowering that o bind the corporation.) APPROVED AS TO FORM: RONAL R. BALL, Attorney car‘yJ-d &* & % using €4 Redevelopment Commission BY ” -Begu#pCo mission Attorney PL.9-S% * 15 RE