HomeMy WebLinkAbout2003-08-04 City Council (20)City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:
SUBJECT:
AUGUST 4, 2003 CMR: 342:03
APPROVAL OF CONTRACT WITH FOOTHILL DEANZA
BUSINESS AND INDUSTRY INSTITUTE IN THE AMOUNT OF
$100,000 FOR THE FIRST YEAR FOR PROVISIONS OF CITY-
SPONSORED TRAINING SERVICES, INCLUDING THE, OPTION
TO RENEW THE CONTRACT FOR UP TO TWO ADDITIONAL
ONE-YEAR TERMS IN THE AMOUNT OF UP TO $120,000 EACH
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Foothill
DeAnza Business and Industry Institute for employee training services in the
amount of up to $100,000 per fiscal year for the first year.
Authorize the City Manager or his designee to exercise the option to renew the
contract for up to two additional one-year terms, in the amount of up to $120,000
each year assuming the proposed percentage cost of the renewal contract does not
exceed the annual percentage increase in the Consumer Price Index for all urban
consumers plus $20,000, Foothill DeAnza is responsive to the City’s needs, and
the quality of Foothill DeAnza’s work is acceptable during the first year of the
contract.
DISCUSSION
The work to be performed under this contract is for provision of trainers and class
materials for the City’s training program. Foothill DeAnza has been providing such
services for the City since 1998.
Last year the City delivered over 600 classes in computer skills, management and
supervisory training, professional development, professional certification classes,
C1VIN’I 342:03 .......Page 1 of 3
personal development, e-learning, niandatory safety training, two Management
Academies and two Lead Worker Academies, resulting in approximately $135,000
budgeted expenditure. Of the $135,000 expenditure, the City paid Foothills/DeAnza
Business & Industry Institute approximately $108,000. Other providers as well as
miscellaneous expenditures resulted in the remaining $27,000 expenditure.
In addition, the City continues to provide training to neighboring public agencies which
include the Cities of Belmont, East Palo Alto, Emeryville, Fremont, Los Altos, Menlo
Park, Milpitas, Morgan Hill, Mountain View, Redwood City, San Carlos, Santa Clara,
Saratoga, Sunnyvale, Atherton, Los Altos Hills, LOs Gatos, Portola Valley and Palo Alto
Community Child Care. This year the City plans to contract separately with the City of
Sunnyvale to provide in-house training. Doing business with other public agencies will
result in cost recovery of a portion of expended monies.
This year the training department plans to expand course offerings to additional cities in
the surrounding counties, contract with the City of Sunnyvale for all in-house training
and anticipates customizing special-requested classes onsite, on an as-needed basis, with
these neighboring municipalities.
Selection Process
Foothill DeAnza Business and Industry Institute was selected as a sole source provider
because of the City’s cooperative relationship with Foothill Community College. The
City and the College share in the use of Foothill’s comp.uter lab, assistance from the
College’s IT staff for daily lab maintenance, basic troubleshooting, free software
licensing and lab supervision. There is no cost to the City for use of the lab or use of
Foothill’s IT services group. In addition, the City has partnered with the College to
create a City-equipped and City-run lab for SAP training. Since 1998, the City continues
to maintain a mutually beneficial working relationship with the Institute and is once again
recommending partnering with the Institute to deliver training resources. The Institute is
offering the same price schedule that was utilized last year without any fee increases.
The Institute provides expert instruction in personal and professional development,
management and supervisory skills, as well as computer applications. The contract
provides the City with a wide source of.instructors and training alternatives for programs
throughout the term of the contract.
RESOURCE IMPACT
Funding for this contract is provided in the proposed budget for fiscal years 2003/04 and
2004/05.
CMR: 342:03 Page 2 of 3
POLICY IMPLICATIONS
This request does not contain any policy implications.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
A:Scope of Service
B:Request for Sole Source Memorandum
C:Agreement with Foothill DeAnza Business and Industry Institute
PREPARED BY:
DEPARTMENT HEAD:
Charlotte Carlson, Manager, Training and Development
LESLIE LOOMIS
Director of Human Resources
CITY MANAGER APPROVAL:
EMIL HARRISON
Assistant City Manager
CMR: 342:03 Page 3 of 3
ATTACHMENT A
The Foothill-De Anza Colleges
BUSrN S & INDUSTRY INSTITUTE
S~ope of Work
This blanket purchase order with Foothill De Anza Community Colleges Business &
Industry Institute covers the period July 1, 2003 to June 30, 2004.
There will be multiple invoices against this Purchase Order/Blanket for training services
provided by Foothill De Anza Business & Industry Institute. All classes are to be
delivered on-site at the City of Palo Alto unless otherwise requested.
City of Palo Alto will determine curriculum requirements and schedule of classes with
Foothill De Anza Business & Industry Institute: Classes will be scheduled at mutually
agreed upon times/dates.
Foothill De Anza Colleges Business & Industry Institute agrees to provide standard
training as well as customized training on-site at the City of Palo Alto.
Standard Trairfing
Delivery for standard local training
Materials for 20 participants
Customization/Cumculum.Design
(Determined on project basis)
Amount Not To Exceed
Books per person Not to Exceed
(Determined on class need)
Consulting and Development Fee
$200 per hour
$150 ($7.50/person)
$1,000 per course
$100
$i00 per hour
Lead Worker Academy
Delivery of six 4 hour segments
(Includes all books and materials)
$9,000
Computer,,,,,Applic ation Training
Delivery (1 full day)
Delivery (1/2 day)
Books
$1000/group up to 15
$500/group up to 15
$180 ($12 each)
21250 Stevens Creek Boulevard, Cupertino, CA 9501~-5793 ~ Phone: 408/864-8710 * FAX: 408/864-8400
Cancellation Clause
A 15% cancellation fee of class total will be assessed to any class cancelled after the
contract is written.
Invoices
A monthly invoice will be submitted to Charlotte Carlson, City of Palo Alto, unless
otherwise designated.
Not to Exceed
Cost of customization and delivery of
training for Fiscal Year 2003/04 Not to Exceed $100,000
To:
From:
ATTACHMENT B
Request for Sole Source
MEMORANDUM
(Purchases in excess of $5,000)
Purchasing & Contract Administration
Laura Pierce, Contract Manager
~Human Resources, Development Charlotte Carlson
Sole Source Request for the Purchase of: Training services for the City’s training
classes in cooperation with Foothill/DeAnza Colleges Business and Industry Institute.
Requested SupplierNendor: Foothill/DeAnza Business & Industry Institute
Address: 21250 Stevens Creek Boulevard, Cupertino, CA 95014
Contact: Shirley Kendall Phone: (408) 864-8203
PEID: #024861 Cost Est: $100,000
Purchase Requisition:
JUSTIFICATION:
Over the past several years, the City has developed and maintained a cooperative
relationship with Foothill Community College for sourcing training for city classes and
joint comp.uter lab use. We have found this partnership rewarding financially which
includes use of Foothill’s computer lab, assistance from their IT staff for daily lab
maintenance, basic troubleshooting, free software licensing and lab supervision. There
is no cost to the City for use of the lab or use of Foothill’s IT services group.
In addition, the City needed another computer lab last year, and the City partnered with
Foothill Community College to create this computer lab which will have extensive use
during the SAP roll out. In exchange for furnishing a computer lab with equipment,
Foothill Community College allowed us to use one of their rooms without charge and
supplied licenses for software applications.
Use of the lab is not exclusively limited to Foothill trainers and classes. The lab is used
for other providers of computer training as well as City proprietary software instruction.
We have maintained a successful training program for our employees through this
agreement with Foothill.
In addition, Foothill provides trainers for our management and supervisor training,
professional and leadership development, as well as safety class instruction.
The cost is comparable and sometimes less than the industry standard ($85/per
person-computer applications and $1400-$1600 per class [6-8 hours] for Management
and Professional development classes).
Foothill’s computer lab and the City’s training facilities are at the same location which
provides convenience of a centrally located training site.
Since this cooperative is unique in nature, no proposals or bids have been obtained.
The term of the agreement is from July 1,2003 through June 30, 2006.
Continued (Page Attached)
Department Approval:
Requesting Division Head/Supervisor
Date:
Approval of Department Head
Date:
Purchasing Approvals:
Buyer Date:
Manager Purchasing &Contract Administration Date:
City Manager Approval:
Date:
ATTACHMENT C AGREEMENT No.
BY THIS AGREEMENT MADE AND ENTERED INTO ON ,2003, BY AND BETWEEN THE CITY OF PALO
ALTO ("CITY") AND FOOTHILL/DE ANZA BUSINESS & INDUSTRY INSTITUTE ("CONTRACTOR"), A
located at 21250 Stevens Creek Boulevard, Cupertino, CA 95014; (PHONE) (408) 864-8203. IN
CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
o CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECWIED 1) GOODS AND MATERIALS, 2) SERVICES
OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND
INCORPORATED HEREIN B Y THIS REFERENCE.
TO PROVIDE TRAINERS AND CLASS MATERIALS FOR THE CITY’S EMPLOYEE TRAINING PROGRAM AS MORE
FULLY DESCRIBED IN THE ATTACHED EXHIBIT. "A" (Scope of Services)
o EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT:
A. Scope of Services (FY 2003-04)
B. Fee Schedule & Program Budget
C. Certificate of Nondiscrimination
D. Certificate of Insurance
TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE UPON
EXECUTION OF THIS AGREEMENT AND SHALL BE COMPLETED BEFORE JUNE 30, 2004 unless the contract term is
extended in writing. The City may at its option extend this contract for up to two (2) additional one (1) year terms.
COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT:
XX CITY SHALL PAY CONTRACTOR: in accordance with the Fee Schedule & Program Budget attached hereto as Exhibit "B"
1:] CONTRACTOR SHALL PAY CITY:
PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE)
CITY ACCOUNT NUMBER:
KEY CODE OBJECT PROJECT PHASE NO.DOLLAR AMOUNT
GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OFT HIS AGREEMENT.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE
EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST \VRITTEN ABOVE.
HOLD HARMLESS. CONTRACTOR agrees to idemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all
demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’
negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to
perform this agreement by CONTRACTOR.
ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse here0f represent the entire agreementt between the parties with respect to the
purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements,
representations, statements, negotiations and undertakings whether oral or written are superseded hereby.
° PROJECT MANAGER AND REPRESENTATIVE FOR CITY CONTRACTOR
NAME BY
DE~Human Resources TITLE.
P.O, BOX 10250
PALO ALTO, CA 94303
Telephone 650-
SOCIAL SECURITY
OR I R S. NUMBER
° INVOICING SEND ALL INVOICES TO THE CITY. ATI’N: PROJECT MANAGER
° CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW)
CITY DEPARTMENT [] Funds Have Been INSURANCE REVIEW PURCHASING & CONTRACT ADMINISTRATION
Budgeted
(1)(2)
APPROVAL OVER $25,000
CITY OF PALO ALTO
(3)
APPROVAL OVER $65,000
ATTEST:APPROVED AS TO FORM:
BY: BY:
ASSISTANT CITY MANAGER MAYOR CITY CLERK CITY AT’FORNEY
PALO ALTO
ACCEPTANCE THIS AGREEMENT IS LIMITED TO THE TERMS AND
CONDITIONS ON THE FACE AND BACK HEREOF WHICH INCLUDES ANY
EXHIBITS REFERENCED.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA
INTEREST OF CONTRACTOR. IT Is UNDERSTOOD AND AGREED THAT
THIS AGREEMENT IS NOT A CONTRACT OF EMPLOYMENT IN THE SENSE THAT
THE RELATION OF MASTER AND SERVANT EXISTS BE~EEN THE CITY AND
UNDERSIGNED. AT ALL TIMES CONTRACTOR SHALL BE DEEMED TO BE AN
INDEPENDENT CONTRACTOR AND CONTRACTOR IS NOT AUTHORIZED TO
BIND CITY TO ANY CONTRACTS OR OTHER OBLIGATIONS. IN EXECUTING
THIS AGREEMENT, CONTRACTOR CERTIFIES THAT NO ONE WHO HAS OR
WILL HAVE ANY FINANCIAL INTEREST UNDER THIS AGREEMENT IS AN
OFFICER OR EMPLOYEE OF CITY.
INSURANCE. CONTRACTOR AGREES TO PROVIDE THE INSURANCE
SPECIFIED IN THE ’INSURANCE REQUIREMENTS’ FORM ISSUED HEREWITH,
IN THE EVENT SELLER IS UNABLE TO SECURE A POLICY ENDORSEMENT
NAMING THE CITY OF PALO ALTO AS AN ADDITIONAL INSURED UNDER ANY
COMPREHENSIVE GENERAL LIABILITY OR COMPREHENSIVE AUTOMOBILE
POLICY OR POLICIES, CONTRACTORS SHALL AT A MINIMUM, AND ONLY WITH
THE WRFI’TEN APPROVAL OF CITY’S RISK MANAGER OR DESIGNEE, CAUSE
EACH SUCH INSURANCE POLICY OBTAINED BY IT TO CONTAIN AN
ENDORSEMENT PROVIDING THAT THE INSURER WAIVES ALL RIGHT OF
RECOVERY BY WAY OF SUBROGATION AGAINST crrY, ITS OFFICERS,
AGENTS, AND EMPLOYEES IN CONNECTION WITH ANY DAMAGE, CLAIM ,
LIABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY AN SUCH
POLICY. EACH SUCH POLICY OBTAINED BY CONTRACTOR SHALL CONTAIN
AN ENDORSEMENT REQUIRING THIRTY (30) DAYS’ WRITTEN NOTICE FROM
THE INSURER TO CITY BEFORE CANCELLATION OR CHANGE IN THE
COVERAGE, SCOPE OR AMOUNT OF SUCH POLICY.
CONTRACTOR SHALL PROVIDE CERTIFICATES OF SUCH POLICIES OR OTHER
EVIDENCE OF COVERAGE SATISFACTORY TO CITY’S RISK MANAGER,
TOGETHER WITH EVIDENCE OF PAYMENT OF PREMIUMS. TO CITY AT THE
COMMENCEMENT OF THIS AGREEMENT, AND ON RENEWAL OF THE POLICY,
OR POLICIES, NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF
THE TERMS OF ANY SUCH POLICY.
TERMINATION, THIS AGREEMENT MAY BE TERMINATED BY CITY UPON
TEN (10) DAYS WRITTEN NOTICE TO CONTRACTOR. MONIES THAN OWING
BASED UPON WORK SATISFACTORILY ACCOMPLISHED SHALL BE PAID TO
CONTRACTOR.
CHANGES THIS AGREEMENT SHALL NOT BE ASSIGNED OR TRANSFERRED
WITHOUT THE WRITTEN CONSENT OF THE CFI~. NO CHANGES OR
VARIATIONS OF ANY KIND ARE AUTHORIZED WITHOUT THE WRITTEN
CONSENT OF THE CFFY MANAGER.
AUDITS. CONTRACTOR AGREES TO PERMIT CITY TO AUDIT, AT ANY
REASONABLE TIME DURING THE TERM OF THIS AGREEMENT AND FOR THREE
(3) YEARS THEREAFTER, CONTRACTOR’S RECORDS PERTAINING TO
MATTERS COVERED BY THIS AGREEMENT. CONTRACTOR FURTHER AGREES
TO MAINTAIN SUCH RECORDS FOR AT LEAST THREE (3) YEARS AFTER THE
TERM OF THIS AGREEMENT.
NO IMPLIED WAIVER NO PAYMENT, PARTIAL PAYMENT, ACCEPTANCE,
OR PARTIAL ACCEPTANCE BY CITY SHALL OPERATE AS A WAIVER ON THE
PART OF CITY OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT.
CITY’S PROPERTY. TITLE TO CITY’S PROPERTY FURNISHED
TO CONTRACTOR SHALL REMAIN IN THE CITY. CONTRACTOR SHALL NOT
ALTER OR USE PROPERTY FOR ANY PURPOSE, OTHER THAN THAT
SPECIFIED BY CITY, OR FOR ANY OTHER PERSON WITHOUT THE PRIOR
PAYMENT RECORD: (For Department Use)
WRITTEN CONSENT OF CITY, CONTRACTOR SHALL STORE PROCTECT,
PRESERVE, REPAIR AND MAINTAIN SUCH PROPERTY tN ACCORDANCE WITH
SOUND PROFESSIONAL PRACTICE, ALL AT CONTRACTOR’S EXPENSE
NON-DISCRIMINATION. NO DISCRIMINATION SHALL BE MADE IN THE
EMPLOYMENT OF PERSONS UNDER THIS AGREEMENT BECAUSE OF THE RACE,
COLOR, NATIONAL ORIGIN, AGE, AND ANCESTRY, RELIGION OR SEX OF SUCH
PERSON.
WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS AND
SERVICES COVERED BY THIS AGREEMENT SHALL CONFORM TO THE
SPECIFICATIONS, REQUIREMENTS, INSTRUCTIONS OR OTHER DESCRIPTIONS UPON
WHICH THIS AGREEMENT IS BASED. SHALL BE FIT AND SUFFICIENT FOR THE
PURPOSE INTENDED, OF GOOD MATERIAL AND WORKMANSHIP AND FREE FROM
DEFECT AND THAT MATERIALS AND SERVICES OF CONTRACTOR’S DESIGN WILL BE
FREE FROM DEFECT IN DESIGN, INSPECTION, TEST, ACCEPTANCE, PAYMENT OR
USE OF THE GOODS FURNISHED HEREUNDER SHALL NOT AFFECT THE
CONTRACTOR’S OBLIGATION UNDER THIS WARRANTY, AND SUCH WARRANTIES
SHALL SURVIVE INSPECTION, TEST ACCEPTANCE AND USE,. CONTRACTOR AGREES
TO REPLACE, RESTORE, OR CORRECT DEFECTS OF ANY MATERIALS OR SERVICES
NOT CONFORMING TO THE FOREGOING WARRANTY PROMPTLY, WITHOUT EXPENSE
TO CITY, WHEN NOTIFIED OF SUCH NONCONFORMITY BY CITY. IN THE EVENT OF
FAILURE BY CONTRACTOR TO CORRECT DEFECTS IN OR REPLACE
NONCONFORMING GOODS OR SERVICES PROMPTLY, CITY, AFTER REASONABLE
NOTICE TO CONTRACTOR, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH
MATERIALS OR SERVICES AND CHARGE CONTRACTOR FOR THE COST INCURRED
BY THE CITY THEREBY.
WORKERS’ COMPENSATION. CONTRACTOR, BY EXECUTING THIS
AGREEMENT, CERTIFIES THAT IT IS AWARE OF THE PROVISIONS OF THE LABOR
CODE OF THE STATE OF CALIFORNIA WHICH REQUIRE EVERY EMPLOYER TO BE
INSURED AGAINST LIABILITY FOR WORKERS’ COMPENSATION OR TO UNDERTAKE
SELF-INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE, AND
CERTIFIES THAT IT WILL COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING
THE PERFORMANCE OF THE WORK OF THIS AGREEMENT.
PRICE TERMS.
(a)EXTRA CHARGES, INVOICES AND PAYMENT NO EXTRA CHARGES OF ANY KIND
WILL BE ALLOWED UNLESS SPECIFICALLY AGREED TO IN WRITING BY CITY. ALL
STATE AND FEDERAL EXCISE, SALES AND USE TAXES SHALL BE STATED
SEPARATELY ON THE INVOICES.
(b) TRANSPORTATION CHARGES. ANY TRANSPORTATION CHARGES WITH
RESPECT TO WHICH CONTRACTOR IS ENTITLED TO RECEIVE REIMBURSEMENT
SHALL BE ADDED TO CONTRACTOR’S INVOICE AS A SEPARATE ITEM, WITH
RECEIPTED FREIGHT BILL ATTACHED THERETO.
(c) CONTRACTOR WARRANTS THAT THE PRICES FOR MATERIALS OR SERVICES
SOLD TO crrY UNDER THIS AGREEMENT ARE NOT LESS FAVORABLE THAN THOSE
CURRENTLY EXTENDED TO ANY OTHER CUSTOMERS OF THE SAME OR LIKE
ARTICLES OR SERVICES IN EQUAL OR LESS QUANTITIES IN EVENT CONTRACTOR
REDUCES ITS PRICE FOR SUCH MATERIALS OR SERVICES DURING THE TERM OF
THIS AGREEMENT, CONTRACT AGREES TO REDUCE THE PRICES OR RATES
HEREOF CORRESPONDINGLY.
SCHEDULES OR DELIVERY. TIME IS OF THE ESSENCE OF THIS AGREEMENT
CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC SCHEDULE PROVIDED BY
THE CITY OR AGREED UPON HERE WITHOUT DELAY AND WITHOUT ANTICIPATING
CITY’S REQUIREMENTS. CONTRACTOR ALSO AGREES NOT TO MAKE MATERIAL
COMMITMENTS OR SCHEDULING ARRANGEMENTS IN EXCESS OF THE REQUIRED
AMOUNT OR IN ADVANCE OF THE TIME NECESSARY TO MEET THE SCHEDULE(S)
OF THIS AGREEMENT, IF ANY.
TRANSPORTATION, PACKAGING AND LABELING. ALL MATERIALS OR
SERVICES ARE TO BE PROVIDED; (a) F.O.B. PALO ALTO UNLESS OTHERWISE
SPECIFIED; (b) WITH A PACKING LIST ENCLOSED IN CARTONS, WHICH INDICATE
THE AGREEMENT NUMBER, EXACT QUANTITY AND DESCRIPTION’S CONCERNING
ANY MATERIALS SHIPMENT’S; (c) AND COMPLY WITH CURRENT PACKAGING AND
LABELING REQUIREMENTS PRESCRIBED BY D.O.T.
1)2)
3)
Warrant No.Date Amount
1)2)
3)
Warrant No.Dat._._~e Amount
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On
notary public
, before me, the undersigned, a
in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
EXHIBIT "A"
Scope of Services
FOOTHILL-DE ANZA BUSINESS & INDUSTRY INSTITUTE
Purpose: Provide training and development for the City of Palo Alto
Employees
Foothill De Anza Community Colleges Business & Industry Institute intends to provide
training for city staff in the following areas:
Management and Supervision - Courses will include management supervision,
problem solving, decision making, conflict resolution, addressing performance
problems, communication, Certificate Programs and Academy programs,
Customer Service - Courses will address anger management, listening skills,
complaint management and mediation,
Professional Development - Courses wi!l cover business writing, leadership,
coaching, motivating and mentoring, and facilitation,
Computer Skills - Courses will teach computer application skills in the Microsoft
Office application - Word, Access, PowerPoint, Excel and Outlook,
The specific courses scheduled to be provided are listed on the attachment hereto.
In addition, Foothill De Anza will supply ,just in time training to individual departments
on an as needed basis.
All classes are to be delivered on-site at the City of Palo Alto unless otherwise requested.
City of Palo Alto will determine curriculum requirements and schedule of classes with
Foothill De Anza Business & Industry Institute. Classes will be scheduled at mutually
agreed upon times/dates.
EXHIBIT "B"
COMPENSATION & RATE SCHEDULE
COMPENSATION:
CITY shall pay CONTRACTOR a sum not to exceed One Hundred Thousand
Dollars ($100,000) for the period August 5, 2003 through June 30, 2004 for training
services in accordance with the Fee Schedule and Program Budget as set forth below.
All billing shall occur no less frequently than monthly. Billings will be paid within thirty
(30) days of their date.
In the event CITY elects to extend the term of the Agreement for an additional
term or terms, CITY shall pay CONTRACTOR a sum not to exceed One Hundred
Thousand Dollars ($100,000) plus an increase not to exceed the Consumer Price Index
for all urban consumers (San Francisco-Oakland-San Jose) for training services in
accordance with the Fee Schedule and Program Budget as set forth below. All billings
shall occur no less frequently than monthly. Billings will be paid within thirty (30) days
of their date.
During any extension period, CITY may pay CONTRACTOR an additional sum
not to exceed Twenty Thousand Dollars ($20,000) for additional courses or services
rendered during that term. In the event additional services are requested, CITY and
CONTRACTOR shall agree in writing on a scope of work or course description and
budget before any such work commences. In no event shall the total compensation for
any second or third contract year exceed One Hundred Twenty Thousand Dollars
($120,000) plus an increase not exceeding the Consumer Price Index for Urban
Consumers (San Francisco-Oakland-San Jose) for the second and third contract years.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto
and the Palo Alto Municipal Code. This Agreement will terminate without any penalty
(a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Contract are no longer
available. This section will take precedence in the event of a conflict with any other
covenant, term, condition, or provision of this Agreement.
BILLING RATES:
Foothill De Anza Colleges Business & Industry Institute agrees to provide standard
training as well as customized training on-site at the City of Palo Alto.
Standard Training
Delivery for standard local training
Class Materials for 20 participants
Customization/Curriculum Design
(Determined on project basis
Amount Not To Exceed
Books per person Not to Exceed
(Determined on class need)
Consulting and Development Fee
$200/instructional
hour
$150 ($7.50/person)
$1,000 per course
$1o0
$100 per hour
All services, which are not billed at a flat rate, including but not limited to materials,
consulting and development fees, which are not billed at a flat rate shall be approved by
CITY in writing prior to such an expense being incurred.
Lead Worker Academy
Delivery of six 4 hour segments
(Includes all books and materials)
$9,000 per Academy
Computer Application Training
Delivery (1 full day)
Delivery (1/2 day)
Books
$1000/group up to 15
$500/group up to 15
$180 ($12 each)
No additional charge for additional students attending computer training so long as the
total number of participants does not exceed twenty (20) per training and students double
up on workstations, however, a charge for additional books will apply.
Cancellation Clause
A cancellation fee of fifteen percent (15%) of the total class cost will be assessed for any
class cancelled by City within twenty-five (25) days prior to scheduled class.
Invoices
A monthly invoice will be submitted to Charlotte Carlson, City of Palo Alto, 4000
Middlefield Road, Palo Alto, California 94303 unless otherwise designated.
CERTIFICATION OF NONDISCRIMINATION
EXHIBIT "C"
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm:
Signature:
Name:
Signature:
Name:
Note:
(PRINT OR TYPE NAME)
(PRINT OR TYPE NAME)
California Corporations Code Section 313 requires two corporate officers to execute
contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer; or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
CITY OF PALO ALTO PAGE 1 OF 1
EXHIBIT "D" NG
STATE "P.o. B~)X-:-807, SAN FRANCISCO,CA 94101-0807COMPENSATION.,.:
IN SURANC:.:E =.:;.. ....
ISSUE DATE: 11-01-02
POLICY NUMBER: 1565553 - 02
CERTIFICATE EXPIRES: 11-01-03
CITY OF PA£O :ALTO
ADMINISTRATIVE ~SERV.LCES,.DEPT
250 HAMILTON AVE
PALO ALTO CA ;94303
OOB: INTERNS
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days’ advance written notice to the employer.
We will also give you 30:dL~ys~ advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend~ extend or alter the coverage afforded
by the policies¯ listed hereinill Notwithstanding any .r-equirement, term, or condition of any contract or other document.
with respect to which this certificate of insurance may beissued or may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS:$1,000,000.00 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 11/01/02 IS ATTACHED TO AND
FORMS A PART OF THIS POLICY.:’ ;
EMPLOYER LEGAL NAME
FOOTHILL~DEANZA ;COMMUNITY
COLLEGE DISTRICT i- =
12345 EL ~0NTE ~AVE
LOS ALTOS CA 94022
F00THILL-DE ANZA COMMUNITY COLLEGE DISTRIC
10-1’7-02