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HomeMy WebLinkAbout2001-12-17 City Council (2)TO: FROM: DATE: SUBJECT: City of Pa113 City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DECEMBER 17, 2001 DEPARTMENT: HUMAN RESOURCES CMR: 434:01 APPROVAL OF AMENDMENT TO EXISTING CONTRACT FOR EMPLOYEE TRAINING WITH FOOTHILL DEANZA BUSINESS AND INDUSTRY INSTITUTE CHANGING CONTRACT AMOUNT FROM $85,000 TO $119,286 FOR THE SECOND CONTRACT YEAR RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract amendment amending the existing renewable contract with Foothill DeAnza Business and Industry Institute (Sl128286) to increase the second year contract amount from contract amount from $85,000 to $119,286. BACKGROUND Last year, the City delivered over 352 classes, or a total of 5,099 training sessions, to employees in computer skills, management and supervisory training, professional development, professional certification classes, personal development, and mandatory safety training. These classes support the goals of the City in delivering quality customer service to the residents of Palo Alto and enhancing the technological, communication and other business skills of the City workforce. In this second contract year, the classes were also made available to employees of small businesses, nonprofits and other nearby public agencies. (Approximately 10 non-City employees have attended classes for a fee to date.) Offering these classes to non-City employees serves the City of Palo Alto’s goals of promoting regional standards and information sharing and of enabling the City to offer a broader array of programs to its employees at reasonable expense. DISCUSSION Consultant Services Description The work to be performed under this contract is the provision of trainers and class materials for the City’s employee training program. This year, the City’s training and development program has expanded the number of classes including computer class offerings to meet additional computer demands and has added another computer lab to facilitate these classes. Offering the classes to non-City CMR: 434:01 Page 1 of 2 This year, the City’s training and development program has expanded the number of classes including computer class offerings to meet additional computer demands and has added another computer lab to facilitate these classes. The increased number of classes results in the need to increase the amount of the City’s agreement with Foothill DeAnza Business and Industry Institute. The increased amount has been approved in the 2001- 2002 fiscal budget. Selection Process Foothill DeAnza Business and Industry Institute was selected as a sole source provider because of the shared facilities and cooperative relationship with Foothill Community College. 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 referral source of instruction and training alternatives for programs throughout the year. RESOURCE IMPACT Funding for this agreement is provided in the 2001-02 Budget. 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: Contract Agreement & Change Order PurchaseRequest B: Class Cost Estimate PREPARED BY: Charlotte Carlso~Manager, Training and Development /I DEPARTMENT HEAD:\7 " ,~l .... JAY C."ROUNDS Director of Human Resources EMILY ~IARRISON Assistant City Manager CMR: 434:01 Page 2 of 2 AMENDMENT NO. 1 TO AGREEMENT NO. SI128286 BETWEEN THE CITY OF PALO ALTO AND FOOTHILL DE ANZA BUSINESS AND INDUSTRY INSTITUTE This Amendment No. 1 to Agreement No. SI128286 ("Agreement") is entered into this day of December, 2001, by and between the CITY OF PALO ALTO ("CITY"), and Foothill DeAnza Business and Industry Institute, a public institution, located at 21250 Stevens Creek Blvd., Cupertino ("CONTRACTOR"). RECITALS: WHEREAS, the Agreement was entered into between the parties for the provision of trainers and class materials for the City of Palo Alto’s employee training program; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment No. i, the parties agree: SECTION i. The section entitled "TERMS" is hereby amended to read as follows: "TERMS. The services and/or materials furnished under this Agreement shall commence on July 2, 2001 and shall be completed before July i, 2002." SECTION 2. The section entitled "COMPENSATION" is hereby amended, to read as follows: "COMPENSATION for the full performance of this Agreement: CITY shall pay CONTRACTOR: upon submittal of invoice, no more often than monthly, describing the classes provided, for which payment is requested. Total compensation for FY 2001-2002 shall not exceed $119,286." SECTION 3. The section entitled "City Account Number," under the subsection entitled "Dollar Amount," is hereby amended to read as follows: "Dollar Amount: not to exceed $119,286 (July 2001 - July 2002)." SECTION 4.The Agreement is hereby amended to incorporate the following exhibits. Exhibit "B" sets forth the scope of services, including class titles, applicable to services rendered under the Agreement in FY 2001-2002. These exhibits are incorporated in full by this reference. O11212 c18120232 1 ao Exhibit ~A" entitled "Agreement" (between the City of Palo Alto and Foothill/De Anza Business & Industry Institute), for the term from October i, 2000 to July i, 2001, and upon renewa! by the City at its option for up to two additional one year terms. Exhibit "B" entitled "Scope of Services, FY 2001- 2002," including attached list of classes for FY 2001-2002. SECTION 5. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor FOOTHILL DE ANZA BUSINESS AND INDUSTRY INSTITUTE Senior Asst. City Attorney APPROVED: By: Name: Assistant City Manager Title: Director of Administrative Services Taxpayer Identification No. 941-59-7718 Director of Human Resources Risk Manager O11212 cl 8120232 2 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 O11212 c18120232 3 o AGREEMENT BY. THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE CITY OF PALO ALTO"CITY"I AND.institute ’"-- 21250 Stevens Creek Blvd. .(cmo(ADDRESS) DAY OF Foot!hill/De ~_~a cupertino I~ PURCHASIN~Business &.~ (mp) 95014 ¯(PHONE)(408) 864--8203 "CONTRACTOR" ~N CONSIDERATION OFTHEIR MUTUAL COVENANTS, THE PARTIESHERETO AGREE AS FOLLOWS: ¯CONTRACTOR s LL PROV, DE OR RN,S" THE FOLLOW,NG SPEC,F, ED I) GOODS. AND MATER,ALS, 21 SERV,CES OR 31 A COMS,NA ON THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND A’FI’ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) .To provide trainers and class materials for ~!~e city’s employee training program in accordance witJ1 t!%e .attached e~ibit. City may.choose t!le classes it wants, from t!le.attached list,within the amount Of authorized compensation. - ¯ EXHI ITS THE FOLLOWING A~ACHED EXHIB~S HEREBY ARE MADE P~T OF THIS AGREEME~: Scope of work - Fy .2000-2001, incl. - cla~s titles, and cost estlmates; ¯ TERM THE SERVICES AND~R MATERIALS ~RNtSHED UNDER THiS AG~EME~ SHALL COMMENCE ON October 1, - ;2 0.0 0~DSHA~BECOMPLETEDBE~RE-~Uly 1~ 2001~ City at.its option shall-have the righ~ to renew t~he agreement for up to t~o additional one year terms. .¯COMPENSATION ~RTHE~PERFORMANCEOFTHISAGREEME~: . ~ ClTYSHALLPAY~NTRACTOR: upon s~mittal of an invoice, no more often than.monthly, ~escr~ing the classes provided, for which Pal~nent is req~ested. Totalcom ensation for Fy 2000-2001 shall not exceed $85,000.[] CONTRACTORSHALLPAYClTY~~O~I co~ensation for Fy 2001~02. and 2002-03,.r~£~e~vely ¯ PAYMENT RECORD (DEPAR~ENT.USER~ERSESIDE~:~USmGpI , all hrban consumers, (SF-O~klad!eSan Jose ¯ CITY ACCOUNT NUMBER: PHASENO.~,.~CODE -OBJECT PROJECT ~ ~-~’17 0-310-7 ¯GENERAL TERMS AND CONDITIONS ARE INCLUDED ONBOTH SIDES oF THIS AGREEMENT. THIS AGREEMENT SHAEL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and al! d,e. mands, claims or liability of any nature, including wrongful death, caused by or.arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent act~, 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 ~l~d the terms and conditions on the reverse hereof represent the entire agreement 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 NAME Charlotte Carlson HR/Train±nq & Development P.O. BOX 10250 PALO ALTO, CA 94303Telephone (650) 329--2125 BY TFFLE Director, Business & SOCIAL SECURITYORI.R.S. NUMBER 941 59 7718 Industry DEPT. ¯INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: {ROUT~ FoR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) Cl’P( DEPARTMENT [-’]Funds Have Been INSURANCE REVIEW PURCHASING & CONTRACT ADMINISTRATION ~ Budgeted (2)(3) REV. 6/98 ACCEPTANCE. TH!S AGREEMENT ISLIMITED 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 BETWEEN 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 CIT-Y OF PALO ALTO AS AN ADDITIONAL INSURED UNDER ANY COMPREHENSIVE GENERAL LIABILITY OR COMPREHENSIVE AUTOMOBILE POLICY OR POLICIES, CONTRACTOR SHALL AT A MINIMUM. AND ONLY WITH THE WRITTEN 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 CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES IN CONNECTION WITH ANY DAMAGE, CLAIM, LIABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY ANY SUCH POLICY. EACH SUCH POLICY OBTA!NED 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 I10) DAYS WRITTEN NOTICE TO CONTRACTOR. MONIES THEN OWING BASED UPON WORK SATISFACTORILY ACCOMPLISHED SHALL BE PAID TO CONTRACTOR. CHANGES. THIS AGREEMENT SHALL NOT BE ASSIGNED OR TRANSFERRED W~THOUT THE WRITTEN CONSENT OF THE CITY. NO CHANGES OR VARIATIONS OF ANY KIND ARE AUTHORIZED WITHOUT THE WRITTEN CONSENT OFTHE CITY 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 CI .~--Y OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT. CITY’S PROPERTY. T!TLE 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 WRITTEN CONSENT OF CITY. CONTRACTOR SHALL STORE, PROTECT, PRESERVE. REPAIR AND MAINTAIN SUCH PROPER~FY IN ACCORDANCE WITH SOUND PROFESSIONAL PRACTICE. ALL AT CONTRACTOR’S EXPENSE. PAYMENT RECORD: (For Department Use) Warrant No. Date Amount NON-DISCRIMINAT!ON. NO DISCR!MINATION SHALL BE MADEIN THE EMPLOYMENT OF PERSONS UNDER THIS AGREEMENT BECAUSE OF THE RACE. COLOR. NATIONAL ORIGIN. AGE, ANCESTRY, REL!G!ON.OR SEX OF SUCH PERSON. WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS AND SERVICES COVERED BY TH~SAGREEMENT SHALL CONFORM TO THE SPECIFICATIONS, REQUIREMENTS,INSTRUCTIONS, OR OTHER DESCRIP- TIONS UPON WHICH THIS AGREEMENT IS BASED, SHALL.BE FIT AND SUFFICIENT FOR THE PURPOSE INTENDED, OF GOOD MATERIALAND WORKMANSHIP AND FREE FROM DEFECT AND THAT MATERIALS AND SERVICES OF CONTRACTOR’S DESIGN WILL BE FREE FROM DEFECT !N DESIGN. INSPECTION, TEST, ACCEPTANCE, PAYMENT QR USE OF THE GOODS FURNISHED HEREUNDERSHALL NOT AFFECT THE CONTRACTOR’S OBLIGATION UNDER THISWARRANTY, AND SUCH WARRANTIES SHALL SURVtVE 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. WlTHOLrT 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 WH!CH REQUIRE EVER\’ 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 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 ~i’,~ WRITING BY CITY. ALL STATE AND FEDERAL EXCISE, SALES AND USE TAXES SHALL BE STATED SEPARATELY ON THE INV.OICES. (b) TRANSPORTATION CHARGES. ANY TRANSPORTATION CHARGES WITH RESPECT TO WHICH CONTRACTOR IS ENT!TLED TO RECEIVE REIMBURSEMENT SHALL BE ADDED TO CONTRACTOR’S iNVOICE AS A SEPARATE ITEM, WITH THE RECEIPTED FREIGHT BILL ATTACHED THERETO. (c) CONTRACTOR WARRANTS THAT THE PRICES FOR MATERIALS .OR SERVICES SOLD TO CITY UNDER THiS AGREEMENT ARE NOT LESS FAVORABLE THAN THOSE CURRENTLY EXTENDED TO ANY OTHEF- CUSTOMERS OF THE SAME OR L!KE ARTICLES OR SERVICES IN EQUAL O~~ LESS QUANTITIES. IN EVENT CONTRACTOR REDUCES ITS PRICE FOR SL~CFi MATERIALS OR SERVICES DURING THE TERM OF THiS AGREEMENT CONTRACTOR AGREES TO REDUCE THE PR;CES OR RATES HEREOF CORRESPONDINGLY. SCHEDULES OR DELIVERY. TiME tS OF THE ESSENCE OF AGREEMENT. CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC SCHEDULE PROVIDED BY THE CITY OR AGREED UPON HEREIN 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 O THE TIME NECESSARY TO MEET THE SCHEDULE~Si OF THIS AGREEMENT IF ANY. TRANSPORTATION, PACKAGING & LABELING. ALL MATE~[~ OR SERVICES ARE TO BE PROV!DED: !si F.O,£ PAL© ALTO LINL~SS OTHERWISE SPECIFIED; ~b’. W~TH A PACKING L!ST ENCLOSED I;’,; CARTC.t~S. WHICH INDICATE THE AGREEMENT NUMBER, EXACT GUAHTiTY DESCRIPTIONS. CONCERNING ANY MATERIAL SHIPMENTS: (c} AND COMPLY WITH CURRENT PACKAGING AND LABELING REQUIREMENTS PRESCR’,BED D.Q.T. Warrant No.Date Amounz (1) (2)(5) (3)(6) SCOPE OF SERVICES Provide classes per attached for FY 2001-02 for Professional Development, Personal Development and Computer application classes Cgntact person : ~ame :Shirley Kendall Foothill-DeAnza Colleges Business & Industry Institute 21250 Stevens Creek Blvd. Cupertino, CA 95014 Phone:(408) 864-8203 Exhibit "B" 18/18/2881 14:11 4888648488 BUSI~£SS & INDUSTRY PAGE 82 ° ....~ ~uo~ ~: ~-± 4~88648488 BUSINESS & INDUSTRY PAC~E 83 18/18/2881 14: ii 488864848B BUSINESS & INDUSTRY PAGE 84 I I I 1 I I I