HomeMy WebLinkAbout2021-08-12; City Council Minute Motion Update (Districts - All); Rocha, LauraTo the members of th~:
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Council Memorandum
Aug. 12,2021
To:
From:
Via:
Re:
Honorable Mayor Hall and
Laura Rocha, Deputy City M
Geoff Patnoe, Assistant City
City Council Minute Motion
ministrative Services
This memorandum provides an update on a City Council minute motion.
{city of
Carlsbad
Memo ID #2021152
1. June 11, 2019 -Directed staff to return with a report evaluating the city's contracted work
job quality standards
On June 11, 2019, noting concerns with public comment and City Council discussion involving JC
Management's, The Crossings at Carlsbad Golf Course (The Crossings's) management company,
sexual harassment policies and procedures, City Council approved a minute motion directing
staff to evaluate city contracted work job quality standards.
Shortly thereafter, City Council directed staff to assess JC Management's compliance with sexual
harassment policies and procedures and other mandated guidelines, which was later conducted
as part of the fiscal year 2019-20 internal audit plan approved by City Council on Nov. 12, 2019.
The Crossings's audit report dated July 2020, performed by the city's internal auditor, concluded
that JC Management largely complied with human resources laws related to the prevention,
detection and investigation of sexual harassment. The report also stated that the city's contract
with JC Management included the appropriate language addressing sexual harassment
prevention at The Crossings and provided additional liability protection for the city.
Since that time, staff has evaluated the following general language related to compliance in the
city's standard contract template for professional services over $10,000:
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
Administrative Services Branch
Finance Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2430 t I 760-602-8553 f
Council Memo -City Council Minute Motion Update (Districts -All)
Aug. 12,2021
Page 2
the eligibility for employment of all agents, employees, subcontractors and consultants
whose services are 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.
This language ensures contractors are required to comply with all applicable laws, including anti-
harassment and anti-discrimination laws, as a condition of their contracts with the city.
This language as well as other standard contract language is periodically evaluated to ensure it
remains current. For instance, the Public Works Branch and the City Attorney's Office {CAO) are
in the process of updating the city's public works contract templates. Should this update
produce any recommended revisions to the general compliance language or the anti-
discrimination/anti-harassment language, the revisions will also be incorporated into other
standard city agreements and custom city agreements, such as the JC Management agreement,
as appropriate. Based on the existing standard contract language above, which is periodically
reviewed and updated by city staff and the CAO, city staff and the CAO believe the city's
contracts are sufficient to require contractor compliance with appropriate federal, state, and
local job quality standards, including anti-discrimination and anti-harassment requirements.
As such, this minute motion will be closed.
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney