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HomeMy WebLinkAbout2003-09-08 City Council (11)City of Palo Alto City Manager’s Report 5 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE: SUBJECT: SEPTEMBER 8, 2003 CMR: 415:03 APPROVAL OF CONTRACT BETWEEN THE CITY OF PALO ALTO AND THE CITY OF SUNNYVALE FOR PROVISION OF TRAINING SERVICES BY THE CITY OF PALO ALTO, IN AN AMOUNT NOT TO EXCEED $50,000 IN SERVICES FOR THE FIRST YEAR, AND INCLUDING AN OPTION TO RENEW FOR UP TO TWO ADDITIONAL ONE-YEAR TERMS RECOMMENDATION Staff recommends that Council: 1.Approve and authorize the Mayor to execute the attached contract to provide training services to the City of Sunnyvale. Authorize the City Manager or his designee to exercise the option to renew the contract for up to two additional one-year terms, for up to $50,000 in services in each renewal year. BACKGROUND The City of Sunnyvale has asked the City of Palo Alto Human Resources Department to provide specialized training services/programs to its employees. Sunnyvale does not have the staff to conduct a comprehensive training program and prefers to contract out the work. The City of Palo Alto currently provides, or in the recent past has provided, training to employees of numerous local public agencies under its open enrollment program, held in the City of Palo Alto’s training facilities. Under that program, a small number of employees from the cities of Belmont, East Palo Alto, Emeryville, Fremont, Los Altos, Menlo Park, Milpitas, Morgan Hill, Mountain View, Redwood City, San Carlos, CMR: 415:03 Page 1 of 3 Santa Clara, Saratoga, Sunnyvale, Atherton, Los Altos Hills, Los Gatos, and Portola Valley have received work-related training alongside City of Palo Alto employees DISCUSSION In an expansion of the City’s current programs, the City of Palo Alto Human Resources Department training staff proposes to provide customized training services to the City of Sunnyvale under the attached contract. In addition to participation by Sunnyvale employees in City of Palo Alto training classes, the services offered under the contract will include: classes to be conducted by Palo Alto training staff or contractors, in Sunnyvale; a Sunnyvale-specific training catalog; a web page for the City of Sunnyvale with links to Palo Alto’s training calendar and on-line registration hosted by Palo Alto; and a dedicated phone line into the City of Palo Alto’s training office to be staffed by City of Palo Alto training staff. To remunerate Palo Alto for the above services, Sunnyvale will be billed on an hourly basis based upon the fee summary outlined in the contract Scope of Services. All fees will be calculated and billed on a monthly basis. Payments are due from Sunnyvale within a 30-day period. The Training Fee Schedule will be updated in July 2004 and annually thereafter. Assuming the contract is renewed for an additional term or terms, the City of Palo Alto may change the fee schedule each June. RESOURCE IMPACT Funding for this contract will be provided by the City of Sunnyvale on a cost per person per class as outlined in the attached fee structure as well as flat rates for training catalog, website link and phone and fax numbers. Registration, phone assistance billing and consulting services are at $72 per hour. It is anticipated that the fees generated will cover all Palo Alto costs plus generate revenue for the General Fund. Providing these services will have minimal impact on staffing and the City’s training program. POLICY IMPLICATIONS This request is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act (CEQA). CMR: 415:03 Page 2 of 3 ATTACHMENTS Attachment 1" Agreement with the City of Sunnyvale Exhibit A: Scope of Service DEPARTMENT HEAD: LESLIE LOOMIS Director of Human Resources CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR: 415:03 Page 3 of 3 Attachment 1 AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES BETWEEN THE CITY OF PALO ALTO AND THE CITY OF SUNNYVALE This Agreement for Educational and Training Services is made this day of , 2003, by and between the City of Pa!o Alto ("Pa!o Alto")and the City of Sunnyva!e("Agency"). RECITALS WHEREAS, Palo Alto has established an educational and training program; and WHEREAS, Agency has no current facilities or ability to provide those educationa! and training services, and has requested that Pa!o Alto provide these services to Agency at Pa!o Alto’s facilities, and to the emp!oyees of Agency; and WHEREAS, Palo Alto has the capacity to provide such services to Agency as are hereinafter described, and is willing to do so; NOW, THEREFORE, in consideration of the covenants, terms, and conditions, the parties agree: following SECTION !.Term. The term of this Agreement shall be for an initial period of one year commencing upon execution of this Agreement. This contract may be extended for up to two additiona! one year terms at the discretion of Pa!o A!to’s City Manager. SECT!ON 2.Termination by Either Party. Any party may terminate this Agreement at any time, with or without cause, by providing thirty (30) days written notice of intent to terminate. In the event of termination of this Agreement, Pa!o Alto sha!l be paid for a!! services performed and courses actually completed up to the effective date of termination. All enrollment scheduled but not completed as of the effective date of termination, shal! be cancelled unless the parties agree otherwise in writing. SECTION 3.Scope of Services. Palo Alto shall perform those services set forth in Exhibit "A", entitled "Scope of Services", attached hereto and incorporated herein by reference.The parties agree that from 010612 sdl 8120362 time to time additional training classes may be added to the scope of services at the sole option of Pa!o Alto. Pa!o Alto has the right to cancel any class with al! refund to participants. SECTION 4.Agency’s Obligations. 4.1 Agency shall perform those obligations of Agency described in Exhibit "A". SECTION 5.Compensation. 5.1 Agency agrees to pay Palo Alto for all classes attended by Agency’s emp!oyees, at the rates set forth in Exhibit "B". Tota! compensation payable under this agreement shall not exceed Fifty Thousand Dollars ($50,000) per year. Rates will be revised annually. 5.2 Palo Alto shall submit billing statements to Agency following the conclusion of each training course. Al! other services shal! be billed no less often than monthly. Al! payments shall be due within thirty (30) days from the invoice date. Payments shall be sent to: Enterprise Division Administrative Services Department 250 Hamilton Avenue Pa!o Alto, CA 94301 5.3 in the event of termination of this Agreement, in accordance with Section 2, Palo Alto shal! bill Agency and Agency shall pay for all services rendered under this Agreement within 30 days of termination. SECTION 6.Indemnification and Hold Harmless. Agency acknowledges that it desires provision of all services set forth in Section 3, but that it has no present ability to provide those services and has requested that Palo Alto provide such services. Therefore, Agency expressly agrees to defend, indemnify and hold harmless Pa!o Alto, its officers, emp!oyees, and agents from any and al! demands, claims, liabilities, !osses, charges, costs, or damages caused by or arising out of acts or omissions of Palo Alto, its employees, agents or contractors acts or omissions in the performance of this agreement. 010612 sdl 8120362 2 SECTION 7.Confidentiality. 7.1 The parties acknowledge that in the course of and as a consequence of this Agreement, they each may be exposed to or acquire information that is proprietary to or confidentia! to the other party or its contractors. The parties agree that they wil! each notify the other that such information is considered proprietary or confidentia! information, and shal! hold such information in strict confidence and shal! not copy, reproduce, sel!, assign, license, market, transfer, give or otherwise disc!ose such information to third parties or use such information for any purposes whatsoever, without the express written permission of the other party, other than for the provision of services under this Agreement. The parties agree to advise each of their emp!oyees, agents, and representatives of their obligations to keep such information confidentia!. Al! such confidential and proprietary information described herein in whatever form, is hereinafter referred to as "Confidentia! In~_orma~_on. The parties shal! use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disc!osure of any Confidentia! Information. Without limitation of the foregoing, the parties shal! use reasonable efforts to advise each other immediately in the event that either learns or has reason to believe that any person who has had access to Confidentia! Information has violated or intends to violate the terms of this Agreement, and wil! reasonably cooperate in seeking relief against any such person. SECTION 8.No Warranty. The City makes no warranty, whether express or implied in connection with services of products provided under this Agreement. in no event wil! City be liable to Agency or any other party for any !oss, including time, money, goodwil! and consequentia! damages, which may arise from the use, operation or modification of the work or products produced under this Agreement. SECTION 9.Notices. All notices shall be submitted, in writing, and sent by the United States mai!, certified and postage prepaid, by private express delivery service, by facsimile transmission fo!lowed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated be!ow or to any other address noticed in writing. 010612 sdl 8120362 3 PALO ALTO: with a copy to: AGENCY: SECTION !0. City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 Manager Training & Development 4000 Midd!efield Road Pa!o Alto, CA 94303 City of Sunnyvale Miscellaneous. !0.i This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any changes resulting in program modifications shal! be provided in writing by Pa!o Alto to Agency as soon as Legislative bodies enact any new or modified regulations. 10.2 This Agreement may be executed in any number of counterparts, each of which shall be an origina!, but al! of which together shall constitute one and the same instrument. 10.3 Palo Alto shall not be deemed in default on account of any delay or failure to perform any obligations in accordance with Agency laws, the laws of the State of California, the Pa!o Alto Municipa! Code, and the terms of this Agreement, which directly results from an Act of God, including, without limitation, the act of a superior lega! authority or an occurrence of nature. 10.4 The headings are not a part of this Agreement and shal! have no effect upon the construction or interpretation of any part of this Agreement. 10.5 This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other ora! or written agreements between the parties not incorporated in this Agreement. 10.6 This Agreement shall not be modified, unless the parties first agree to and approve of such modificationin writing through a duly authorized amendment. 10.7 if a court of competent jurisdiction findsor rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shal! remain in effect. 10.8 The prevailing party in any action brought to enforce the terms of this agreement may recover from the other 010612 sdl 8120362 4 party its reasonable costs and attorneys’ connection with such an action. fees expended in IN WITNESS WHEREOF, the parties have executed this ¯Agreement in Palo Alto, County of Santa Clara, California, on the date first above stated. "PALO ALTO""AGENCY" CITY OF PALO ALTO SUNNYVALE Mayor Mayor ATTEST:ATTEST: City Clerk APPROVED AS TO FORM: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Attorney Assistant City Manager Director of Human Resources Director of A6ministrative Services Attachment : Exhibit "A": Exhibit "B" : Scope of Services Fee Summary Sheet 010612 sdl 8120362 5 "EXHIBIT A" SCOPE OF SERVICES City of Palo Alto open enrollment training program consisting of "open enrollment" courses offered by the City of Palo Alto will be available to City or Sunnyvale employees during the term of this agreement in accordance with procedures identified by Sunnyvale. ¯Consulting Services includes, but is not limited to, the following: Initial Discussion - Meeting in person and/or conferring over phone in exploring a training issue, an organizational issue, a communication issue or what needs to be resolved, what are expectations and how to proceed. Data Collection and Diagnosis - Defining the problem, who will be involved, what methods will be used to provide a solution, any kind of data collection and estimated time of delivery. Reporting and Becision - After data is collected, information about the issue and data must be reported back. If a decision is made to move forward, training and/or other solution to move forward will be made in how to proceed. Implementation - Involves carrying out the decision on moving forward. Could mean a number of additional meetings, and design time to carry out the decision, event and/or training. The City will set up and produce at least 1200 black and white copies of a training catalog for Sunnyvale based upon the contents of the City of Palo Alto’s training catalog. Some wording will be changed to meet the needs of the City of Sunnyvale’s special requirements. Each additional copy of the training catalog over the initial 1200 count shall be charged at the rate of $2.00. ¯Palo Alto will provide a link from Sunnyvale’s web page to the City of Palo Alto training calendar. The City of Palo Alto will install a dedicated phone line into the City of Palo Alto’s training office to answer inquiries relating to the educational and training program and will be answered "Training Center." The phone number will be 650.329.2380. Palo Alto will answer all calls and respond within a timely manner. Palo Alto will maintain a log identifying the date and actual duration of each telephone call. All telephone assistance will be billed at the hourly rate set forth on Exhibit "B". Billing will be sent on a monthly basis and Sunnyvale will pay all charges within 30 days of billing. All registration, and any special consulting services including driving time to and from Sunnyvale’s offices will be billed on an hourly basis based upon the fee summary outlined in the Scope of Services. All time billing will be billed based on actual time incurred. 010612 sdl 8120362 ¯Training Fee Structure will be updated in July, 2004 and will be updated annually thereafter. Prices are subject to change at time of update. 010612 sdl 8120362 EXHIBIT "B" FEE SCHEDULE FOR CITY OF SUNNYVALE TRAINING SERVICES ADDRESS: CONTACTS : Mr. Mark Gregersen Director, Human Resources City of Sunnyvale Ms. Rumi Portillo Employment Manager 505 West Olive Avenue, Suite 200 Sunnyvale, CA 94086 Services !Annual Cost Training Services - Open Enrollment Training Catalog - 1,200 copies Setup, production, Black and White printing. Link to Training Calendar hosted by CPA Dedicated Phone Number and Fax Registration, Phone Assistance, Billing and Consulting Services, including travel to and from site (per hour) Fee-based per attached Fee Chart To Be Billed Monthly pending enrollment $7,500.00 Each additional copy over 1,200 $2.00 $2,000.00 $1,000.00 $72.00 per hour, billed monthly 010612 sdl 8120362 8 EXHIBIT "B " - FEE SCHEDULE CITY OF PAL 0 AL TO HUMAN RESOURCES DEVELOPMENT FEE STRUCTURE FOR TRAINING CLASSES FISCAL YEAR 2003 - 2004 Training Classes Accelerated AA Degee City Policy/Procedures CPR or First Aid Safety/Mandated Customer Service Leadership Development Professional Development Technology Development Confined Space Entry E-Learning License (See Below) **** Lead Worker Academy Management Academy 4 Hours or Less Class $ 50 per class ** $ 50 per person $ 50 per person $ 50 per person $ 75 per person $ 75 per person $ 75 per person $ 75 per person $100 per person Not Applicable **** Not Applicable Not Applicable Safety Summit Work/Life Series Training Center Rental Cubberley Community Center, City Training Center, Room H-5 Cubberley Community Center, H-5 Computer Lab * Cubberley Community Center, I - Building Computer Lab * All classes include continental breakfast, except computer labs. ¯ No food or beverage is permitted in computer labs.¯* Meets over several dates.¯** Includes continental breakfast and hot lunch.¯*** $250 Per Person/License Package. Not Applicable No Charge 4Itours or $250 $450 $450 Full Day Class Not Applicable $100 per person $100 per person (CPR and First Aid Combined) $100 per person $100 per person $100 per person $100 per person $100 per person * Not Applicable **** $750 per person ** $1,200 per person **, $200 per person *** No Charge Less Full Day $50o $800 $800 010612 sdl 8120362 9