HomeMy WebLinkAbout2000-06-13 - AGENDA REPORTS - WELFARE-TO-WORK SUBCONTR GRANT (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval: L
Item to be presented Adele Macpherson
DATE: June 13, 2000
SUBJECT: WELFARE -TO -WORK SUBCONTRACT RECOMMENDATION
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council approve the United Auto Workers -Labor Employment Training Corporation's
proposal, not to exceed $45,000, to provide County of Los Angeles mandated Welfare -to -Work
services. Funding is budgeted in account #74401-8110.
BACKGROUND
On November 23, 1999, City Council approved the acceptance of the Welfare -to -Work grant
from the County of Los Angeles Private Industry Council through the Antelope Valley
Workforce Development Consortium. The grant funds are budgeted in account #74401-8110.
In March 2000, staff released a Request for Proposal to 13 service providers. The City received
one proposal from the United Auto Workers -Labor Employment Training Corporation (UAW-
LETC). The proposal submitted met the required criteria.
UAW-LETC is an established employment training service provider and partner in the
Antelope Valley Workforce Development Consortium. The UAW-LETC has served
disadvantaged and public assistance recipients for the past 15 years. Their programs are
designed to address significant barriers to employment and self-sufficiency, including services
for Welfare -to -Work clients.
UAW-LETC will provide comprehensive Welfare -to -Work services emphasizing the work first
and post -employment service models, in which employment is both the goal and the
expectation. Per the proposal, UAW-LETC will serve a minimum of 12 clients during the
program year.
ALTERNATIVE ACTIONS
City Council decline subcontracting Welfare -to -Work services with the UAW-LETC.
City Council direct staff to issue an additional Request for Proposal.
Other direction as determined by the City Council.
APPROPEDMR
Ag ndd-, Item: aim
FISCAL IMPACT
The total cost of this subcontract will not exceed $45,000 to be offset by grant revenue. Funds
are budgeted in account #74401-8110.
ATTACHMENTS
Sample contract between the City of Santa Clarita and UAW-LETC.
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wundl\¢gnrepts\2000\wtmsu6ct.doc
SAMPLE CONTRACT
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2196
Phone: (661) 259-2489
FAX: (661)259-8125
PROFESSIONAL SERVICES AGREEMENT
This Agreement, between the City of Santa Clarita ("City"), am i al
Workers -Labor and Employment Training Corporation ("Consulta t"), i E
June,2000.
1. Scope of Services
Consultant shall perform services specified in Part CSectio 4 jE
RFP, which is attached hereto and incorporated herein, b ence. u
2. Term of Agreement
The term of this Agreement shall be from a of ex ut n of his gre
3. Schedule of Performanc
The is of Consult a o com ed a co ing o e schedule
"Pr gram Stan ards" the RFP, hi h is tta hed er o an i orp
of he a ce i this Agre nt.
4. do
Sub ct to the limit 'ons ont n d in th Pro s ' Seryices A e
Cons ant shall be pa , of t ex eed 3, 0
5. lndemend t c n dta-f
and United Auto
Thk 14th day of
& Work S ment" of
, 2001.
: in Part C, Section 9,
by reference. Time is
Section 9, 'Termination."
wnswia c is aikirweperjaenKC ultant and not an agent or employee of the City. As an independent
Consultan Consultant hall obtain no rights to retirement, health care, or any other benefits, which
accrue, to' empio es. Consultant expressly waives any claim Consultant may have to any such
rights.
6. Assignability
The expertise and experience of Consultant are material considerations for this Agreement. Consultant
shall not assign or transfer any interest in this Agreement or the performance of any of Consultant's
obligations without the prior written consent of City. Any attempt by Consultant to assign or transfer any
of Consultant's rights, duties, or obligations arising under this Agreement shall be void.
7. Insurance
A. General Insurance Requirements
1. All insurance shall be primary insurance and shall name City of Santa Clarita as an
additional insured. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under the policy if not named as an additional insured,
and an additional insured shall not be held liable for any premium or expense of any nature on
the policy or any extension thereof solely because they are an additional insured thereon.
2• If the operation under this Agreement results in an increased or decreased risk in the
opinion of the City's Risk Manager, then Consultant agrees that the minimum limits hereinabove
designated shall be changed accordingly upon written request by the Risk Manager.
3. Consultant agrees that provisions of this paragraph as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Consultant may be held
responsible for the payment of damages to persons or property resulting from Consultant's
activities, the activities of its subconsultants; or the activities of any person or persons for which
Consultant is otherwise responsible.
4. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above
insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to
City prior to execution of this Agreement on behalf of the City.
5. The terms of the insurance policy or policies issued to provide the above insurance
coverage shall provide that said insurance may not be amended or canceled by the carrier, for
nonpayment of premiums otherwise, without 30 days p ' ritten notice of amendment or
cancellation to City. In the event the said insurance is c cel ,Cons nt s I, prior to the
cancellation date, submit new evidence of insurance in the oun here fore e�stab' hed.
6. All required insurance must be in effect prior to and g e i t, a it or a
successor policy must be in effect for the duration c trac ain enanc f proper
insurance coverage is a material element of the a ent, a t fail r tom ' ai renew
coverage or to provide evidence of ren
e I ma be re d by h City a m ri I br ach of
contract. If Consultant, at any time d ing t t m of his gre nt, o d fail to se ure or
maintain any insurance require this A e ent, Cit sha b pe itt to o in such
insurance in Consultant's and sha be c m ens ed y C n Itan for the cost of the
insurance premiums. ((��
B�Gene I Liability d ropgrtypam a sur c
v nu n - in -in g ne i as rot an roperty damage insurance at its
sole . xpense to of tag 'n los fr Iia ilit im se by w for damages on account of
clu ' g eat h th refr uffe d r alleg to a suffered b any y person or
persons w ms ever esul ' g dir tly m any act o ctivities of Consultant, its
subconsultant an pe son ti f Consultant or under its control or direction, and also to
P ainst o s fr Ii ility 'mposed by law for damages to any property of any person
cau d dir ctly r directly or from acts or activities of Consultant, or its subconsultants, or
y p o acti g f sultant, or under its control or direction. Such public liability and
P erty damag insurance shall also provide for and protect City against incurring any legal cost
indW,ending c ims for alleged loss. Such general liability and property damage insurance shall
be mai ' d in the following minimum limits: A combined single -limit policy with coverage limits
in the amount of $1,000,000 per occurrence will be considered equivalent to the required
minimum limits.
C. Automotive Insurance
Consultant shall procure and maintain public liability and property damage insurance coverage for
automotive equipment with coverage limits of not less than $500,000 combined single limit. If
Consultant does not own automobiles, Consultant shall provide a waiver releasing City from all
liability resulting from Consultant's use of personal vehicles on project.
D. Worker's Compensation Insurance
Consultant shall procure and maintain Worker's Compensation Insurance in such amount as will
fully comply with the laws of the State of California and which shall indemnify, insure, and provide
legal defense for both Consultant and City against any loss, claim, or damage arising from any
injuries or occupational diseases happening to any worker employed by Consultant in the course
of carrying out the Agreement.
E. Professional Liability Insurance.
Consultant shall maintain professional liability insurance which provides coverage for negligent
professional acts, errors, or omissions for which Consultant is legally liable, in the amount of
$1,000,000 per claim and in aggregate which arises from the performance of professional
services by Consultant under this Agreement.
8. Indemnity
City and its respective elected and appointed boards, officials, officers, agents, employees, and
volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other
person for, and Consultant shall indemnify, defend, protect, and hold harmless Indemnitees from and
against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments,
liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and
disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees
may become subject by reason of or arising out of any injury to th of any person(s), damage to
property, loss of use of property, economic loss, or otherwise occur 'ng a a resul ora edly caused
by the Consultant's performance of or failure to perform any servic s u er th' Agreeme , or by the
negligent or willful acts or omissions of Consultant, its agents, ffice s, erect rs, or ployees,
committed in performing any of the services under this Agreement.
If any action or proceeding is brought against Indemnite reason a of matt a which
Consultant has agreed to indemnify Indemnitees s pro ide ab ve, C n Itan on tic fro City,
shall defend Indemnitees at its expense by uns a epta le Ci uch c ptance no to be
unreasonably withheld. Indemnitees ne ave firs a for ny f the m tters o 'ch In mnitees
are entitled to indemnification in or be so i emni ' Th lim s of h ensu nce required to be
maintained by Consultant in this gre ment sh II t li it a lig WY 0f 0 u It hereunder. The
Prov' ns his sectiorvi the ratio or arli t mination of is agreement.
E2
of the City's active negligence
A. City y erm nat this geryc�nt with or without cause at any time by giving ten days'
w ice o t rmin n o C n ultant. If City gives such notice of termination, Consultant
s ease imm d tely all o in progress.
B.Xaition
If Cons tant or City fails to perform any material obligation under this Agreement, then,
in to other remedies, City or Consultant may terminate this Agreement immediately
upnotice.
C. Upon termination by either City or Consultant, Consultant shall deliver to City all property
of the City in Consultant's possession and copies of all reports, documents, and other work
prepared by Consultant under this Agreement. Consultant shall furnish to City a final statement
of the work performed for compensation. The statement shall indicate the task to which the work
performed is to be charged, according to the categories in Section 1, Scope of Services of this
Agreement. Such statement shall also include a detailed record of actual reimbursable
expenses, such as, but not limited to, copying costs, long-distance telephone charges, and
computerized research. City will prepare a warrant payable to Consultant in the amount
approved by City. City will then make final payment to Consultant for services performed and
reimbursable expenses incurred, subject to the limitation on reimbursement set forth in this
Agreement.
D. Consultant may terminate this Agreement at any time upon thirty (30) days' written notice
of termination to City.
10. Law to Govern: Venue
The law of the State of California shall govern this Agreement. In the event of litigation between the
parties, venue in state trial courts shall lie exclusively in the county of Los Angeles. In the event of
litigation in U.S. District Court, exclusive venue shall lie in the Central District of California, in Los
Angeles.
11. Compliance with Law
Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state,
and local government. Consultant shall comply with all aspects of the current permit issued pursuant to
the National Pollutant Discharge Elimination System ("NPDES"), in order to prevent pollution to local
waterways. Failure to implement the current permit shall result in project delays through City issued Stop
Work Notices and/or fines levied against the Consultant.
12. Nondiscrimination
Consultant shall not discriminate, in any way, against any person
religious creed, national origin, ancestry, physical handicap, m
connection with or related to the performance of this Agreement.
13. Ownership of Materials
All reports, documents, computer disks, diskettes
Consultant during the course of this Agreement shall I
14. Waiver,
Waiver by City or Consultant of
a wavier of any other provision
"othe ovi ' of this A
a aiver of anNf the x6ovisiom
of
of the City in the
16• cor
Exhibits "A"Arouc "
contract.
of any f the
Dr of ny ut
iii by it o
or
basis o ge, race, color,
onditi n, or man I status in
dev o ed o ispyged by
OT is r me shall not constitute Sa
h oriol ti f the same or any
servi
or c s by Consultant shall not be
of interest with the interests
/tend incorporated in this Agreement by this reference. Additional
and responsibilities are outlined in the exhibits and are inclusive to
17. Noticet—
Ail notices required or permitted to be given under this Agreement shall be in writing and shall be
personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested,
addressed as follows:
To City:
City Manager, City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
and to: City Attorney, City of Santa Clarita
611 West Sixth Street, Suite 2500
Los Angeles, California 90017
Tel: (213) 236-0600
Fax: (213) 236-2700
to Consultant: UAW- Labor Employment Training Corporation
4353517 Ih Street, Suite 302
Lancaster, California 93536
Tel: (661) 951-7715
Fax: (661) 951-7735
Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3)
days after deposit in the mail.
18. Dispute Resolution; Performance After Dispute
A. All disputes concerning the interpretation, perfor
Agreement shall be decided by binding arbitration beforenq
according to the provisions of Section 1280 et seq. of the
through the Los Angeles County offices of the Judicial
("JAMS"). The parties shall attempt to agree upon a retired
they are unable to agree within thirty (30) days after m
provide a list of three available judges and each may stri
unavailable, the dispute shall be decided a etired f er:
arbitrator, and selected by the parties. If th a ies a e
within 30 days after receipt of w ' otice, a ti d ju ge .
Judge of the Los Angeles y Superio Cou e a itr
stating reasons therefor i rea onable d tai with y
ar tor's awara e fi al an forc bl an be c
of com etent ' risd�fi irtinn\ T „rn n; i .... .. _ _ ...
in
shall be
arbitrate
breach, or termination of this
ld fed or ifornia judge,
rnia ode of Civ Pronarinra
d(MViatidqp Service
e\J,AW pa el, but if
iroceedin AMS will
any so MS is
1ud tting as an
on a retire judge
Lor s air\rencf4r a written decision
days aft" appointment. The
onfirm d by the judgment of a court
cover its costs of arbitration,
determined by the arbitrator, as
c an award. The parties reserve
no plication for any such remedy
Portion of a statement presented to City by Consultant, if
to this Agreement, Consultant shall continue to perform
19. PrlarAgreem its and Amendments
This Agreemen , uding the Exhibits, embodies the entire understanding of the parties with respect to
the matters addressed in this Agreement and the Exhibits and supersedes all other agreements entered
into between the parties prior to the execution of this Agreement. No amendment of this Agreement shall
be valid unless in writing duly executed by the parties or their authorized representatives.
By signing this Agreement, the person signing states that he or she is authorized to enter into contracts
on behalf of Consultant. The undersigned, on behalf of Consultant, binds Consultant, its partners,
successors, executors, administrators, and assigns with respect to the terms and conditions of this
Agreement.
WITNESS THE EXECUTION of this Agreement on the day and year first written above.
FOR CONSULTANT:
M
Print Name &
Date:
FOR CITY OF SANTA CLARITA:
George A. Caravalho,
0
Date:
BURKE, WILLIAMS & SORENSEN
Approved as to form:
By:
K. Newton, City Attorney
Date: