HomeMy WebLinkAboutA4187 - RIVERSIDE CO EDA LABOR MARKET SURVEY MO 6554 County of Riverside EDA
Agreement# PSA 99/00 550 C 14
Labor Market&Business Survey
AGREEMENT 44187
CF0UF�?4 0; M06554, 1-5-00
W=k'CFPALM sP� � City of Palm Springs
BOX 274; Labor Market and Business Survey
PROFESSIONAL SERVICES AGREEMENT
This Agreement, made and entered into this 3'd day of November, 1999,, by and between
City of Palm Springs. (herein referred to as "CONSULTANT"), and the COUNTY OF RIVERSIDE,
Economic Development Agenev, a subdivision of the State of California, (herein referred to as "COUNTY"),
WHEREAS, the COUNTY is authorized to contract for special services with an entity who is
competent to perform the special services required; and
WHEREAS, CONSULTANT has the expertise, and experience to perform the duties set out
herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. DESCRIPTION OF SERVICES: CONSULTANT shall provide all services as outlined and specified
in Exhibit A, consisting of 1 page(s), attached hereto and by this reference incorporated herein.
2. PERIOD OF PERFORMANCE: It is mutually agreed and understood that the obligation of the
COUNTY is limited by and contingent upon the availability of funds for the reimbursement of
CONSULTANT'S expenditures hereunder. In the event that such funds are not forthcoming for any
reason, COUNTY shall immediately notify CONSULTANT in writing. This Agreement shall be
deemed terminated and of no further force and effect immediately on receipt of COUNTY'S
notification to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to
reimbursement of his costs in accordance with Paragraph 3 herein,
2.1 This Agreement shall be effective as of November 3. 1999 and continue in effect through
MaV 31, 2000, unless terminated as specified in Paragraph 6.
3. COMPENSATION: The COUNTY shall pay the CONSULTANT for services performed and
expenses incurred in accordance with the terms of Exhibit B attached hereto. The total amount of
compensation paid to the CONSULTANT under this Agreement shall not exceed the sum of
26 000 unless both parties prior to performance of additional services execute a written
amendment to this Agreement-
3-1 Said compensation shall be paid in accordance with an invoice submitted to COUNTY
by CONSULTANT within fifteen (15) days from the last day of each calendar month, and
COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the
invoice.
4. HOLD HARMLESS-INDEPENDENT CONSULTANT: It is understood and agreed that
CONSULTANT is an independent contractor and that no relationship of employer employee exists
between the parties hereto. CONSULTANT shall not be entitled to any benefits payable to
employees of COUNTY, including County Workers' Compensation Benefits. COUNTY is not
required to make any deductions from the compensation payable to CONSULTANT under the
provisions of this Agreement; and as an independent contractor, CONSULTANT hereby holds
COUNTY harmless from any and all claims that may be made against COUNTY based upon any
contention by any third party that an employer-employee relationship exists by reason of this
Agreement.
CONSULTANT agrees to indemnify COUNTY for any and all Federal/State withholding or
State retirement payments which COUNTY may be required to make by Federal or State
government if for any reason CONSULTANT is determined not to be an independent contractor to
COUNTY in carrying out the terms of this Agreement. Such indemnification shall be paid in full to
COUNTY upon sixty (60) days written notice to CONSULTANT of a Federal and/or State
determination that such payment is required.
4.1 It is further understood and agreed by the parties hereto that CONSULTANT in the
performance of his obligation hereunder is subject to the control or direction of COUNTY
merely as to the result to be accomplished by the services to be performed and not as to the
means and methods for accomplishing the results.
5. INSURANCE-INDEMNIFICATION: CONSULTANT shall indemnify and hold COUNTY, its officers,
agents and employees, free and harmless from any liability whatsoever, including wrongful death,
based or asserted upon any acts or omission of CONSULTANT, relating to or in any way connected
with or arising from the accomplishment of the work by CONSULTANT.
CONSULTANT further agrees to protect, indemnify and defend at its expense including
attorney fees, COUNTY, its officers, agents and employees in any legal action(s) or claim(s) based
upon such alleged acts or omissions whether the subject action(s) or claim(s) are well-founded,
properly filed or pleaded, or not commenced in a court of competent jurisdiction.
5.1 Without limiting CONSULTANT'S indemnification, CONSULTANT shall maintain in
force at all times during the performance of this Agreement, insurance policies evidencing
coverage during the entire term of the Agreement as follows:
1. General liability insurance in the amount of not less than $1,000,000 per occurrence and
aggregate, when CONSULTANT performs any professional services-
2- Workers'Compensation insurance in accordance with statutory requirements.
3. If motor vehicles are used pursuant to this Agreement, not less than $300,000 combined
single limit for damage to property and injury to persons. Certificate(s) satisfactory to the
COUNTY Risk Manager evidencing the maintenance of such insurance coverage shall be
filed with the COUNTY'S Economic Development Agency, Contracts Administration, prior to
providing any services pursuant to this Agreement. County shall be given notice, in writing,
at least thirty (30) days in advance of cancellation, modification or reduction in coverage. All
insurance shall be with a company or companies admitted by the Department of Insurance
for the State of California to transact insurance business in California.
5.2 Government entities that are self-insured will provide evidence of self-insurance
status to meet the requirements in paragraph 5.1.
6. TERMINATION: This Agreement may be terminated by either party by giving thirty (30) days written
notice of intention to terminate, and may be terminated for cause by either party by giving five (5)
days written notice of intention to terminate.
6.1 Notwithstanding any of the provisions of this Agreement, CONSULTANT'S rights
under this Agreement shall terminate (except for fees accrued prior to the date of
termination) upon CONSULTANT'S bankruptcy, death or disability or in the event of fraud,
dishonesty, or a willful or material breach of this Agreement by CONSULTANT or, at
COUNTY'S election, in the event of CONSULTANT'S unwillingness or inability for any
reason whatsoever to perform the duties hereunder. In such event, CONSULTANT shall be
entitled to no further compensation under this Agreement, it being the intent that
CONSULTANT shall be paid as specified in Exhibit B only during such period that
CONSULTANT shall, in fact, be performing the duties hereunder.
7. CONFLICT OF INTEREST: CONSULTANT shall have no interest, and shall not acquire any
interest, direct or indirect, which will conflict in any manner or degree with the performance of
services required under this Agreement.
8. ADMINISTRATION: Mr. Jerry Craig, Assistant Director/JTPA Administrator of the Economic
Development Agency shall administer this Agreement on behalf of COUNTY.
9. ASSIGNMENT: This Agreement shall not be assigned by CONSULTANT, either in whole or in part,
without prior written consent of COUNTY. Any assignment or purported assignment of this
Agreement by CONSULTANT without the prior written consent of COUNTY will be deemed void and
of no force or effect.
10. CONSULTANT'S SUBCONTRACTS AND SUBAGREEMENTS: The Contractor shall not assign
this Agreement nor enter into any Agreement with any other party or transfer any interest or
obligation in the Agreement without written consent of the County.
The Contractor, using another party to provide services under this Agreement, shall
document such services with an Agreement. The Contractor shall develop written agreement
formats that shall include, but are not limited to, the following requirements:
1. Compliance with all JTPA regulations
2. Stipulation to hold the County harmless as a result of subcontracting.
3. Indemnification and Insurance requirements imposed on the Subcontractor and copies of
all executed subcontracts/subagreements must be forwarded to the County within ten (10)
working days after their execution. The Contractor acknowledges the requirements and
agrees to furnish such documents as a condition to receiving payment_
In addition, the Contractor shall also notify the County of any default, termination or findings of
disallowed costs under these subcontracts/subagreements.
11. NONDISCRIMINATION: CONSULTANT shall not discriminate in his/her recruiting, hiring,
promotion, demotion or termination practices on the basis of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, martial status or sex in the performance of
this Agreement, and, to the extent they shall be found to be applicable hereto, shall comply with the
provisions of the California Fair Employment Practices Act (commencing with Section 1410 of the
Labor Code), and Federal Civil Rights Act of 1962 ( P.L. 88-352).
12. ALTERATION: No alteration or variation of the terms of this Agreement shall be valid unless made
in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
13. ELIGIBILITY: Services and benefits shall be provided by CONSULTANT to individuals without
reference to their religion, color, sex, national origin, age or physical or mental handicap.
14. LICENSE AND CERTIFICATION: CONSULTANT verifies upon execution of this Agreement,
possession of a current and valid license in compliance with any local, State, and Federal laws and
regulations relative to the scope of services to be performed under Exhibit A, and that services(s) will
be performed by properly trained and licensed staff.
15. CONFIDENTIALITY: CONSULTANT shall observe all Federal, State and COUNTY regulations
concerning confidentiality of records. CONSULTANT shall refer all requests for information to
COUNTY.
16. WORK PRODUCT: All reports, preliminary findings, or data assembled or compiled by
CONSULTANT under this Agreement become the property of the COUNTY. The COUNTY
reserves the right to authorize others to use or reproduce such materials. Therefore, such materials
may not be circulated in whole or in part, nor released to the public, without the direct authorization
of the Director or an authorized designee.
17. PURCHASE OF FIXED ASSETS, EQUIPMENT, AND PROPERTY: All purchase of fixed assets,
equipment, or property using funds provided by cost-reimbursement agreements require prior
approval of the COUNTY and must be made in accordance with COUNTY policy_
17.1 In the event of Agreement termination, all property and equipment (finished or
unfinished), or unused supplies purchased by the CONS LTANT under this Agreement
shall be disposed of in accordance with policy direction of the COUNTY. In addition, any
property, equipment, assets furnished to the CONSULTANT by the COUNTY and/or
purchased by the CONSULTANT with funds from cost-reimbursement agreements shall
be limited to use, pursuant to this Agreement, and shall remain the property of the State of
California.
17.2 Upon termination, the CONSULTANT shall immediately return such equipment
and/or property to the COUNTY, or dispose of it in accordance with policy direction of the
COUNTY_
18. JURISDICTION VENUE ATTORNEY'S FEES: This Agreement is to be construed under the laws
of the State of California. The parties agree to the jurisdiction and venue of the appropriate courts in
the County of Riverside, State of California. Should action be brought to enforce or interpret the
provisions of the Agreement, the prevailing party shall be entitled to attorney's fees in addition to
whatever other relief is granted.
19. WAIVER: Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement
shall not be construed to be a waiver of any subsequent or other breach of the same or of any other
term thereof. Failure on the part of the COUNTY to require exact, full and complete compliance with
any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or
estopping COUNTY from enforcement hereof.
M DEBARMENT: Executive Order 12549, Debarment and Suspension, 340FR Part 85, Section
85.510. (Lower Tier)
1. The recipient agency certifies, that in its operations of a JTPA activity
program, neither it nor its Principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or
agency.
2. Where the recipient agency is unable to certify to any of the statements in
this certification, Such agency shall attach an explanation to this proposal.
21. DRUG-FREE WORKPLACE: As required by the State Drug-Free Workplace Act of 1990
(Government Code Section 8350 et seq.) and the Federal Drug-Free Workplace Act of 1988, and
implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections
85.605 and 85.610, the recipient agency certifies that it will or will continue to provide a drug-free
workplace. The Authorized Consultant, in signing this document, certifies that he/she has read
and is in compliance with all terms and conditions required for certification as specified in the (20)
and (21).
22. SEVERABILITY: If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
23. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties
hereto with respect to the subject matter hereof and all prior or contemporaneous agreements of
any kind or nature relating to the same shall be deemed to be merged herein. Any modifications
to the terms of this Agreement must be in writing and signed by the parties herein.
24. NOTICES: All correspondence and notices required or contemplated by this Agreement shall be
delivered to the respective parties at the addresses set forth below and are deemed submitted one
(1) day after their deposit in the United States Mail, postage prepaid:
COUNTY: Riverside County CONSULTANT: City of Palm Springs
Economic Development Agency City Manager's Office
1151 Spruce Street 3200 E. Tahquitz Canyon Way
Riverside, CA 92507 Palm Springs, CA 92262
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Agreement.
CONS TANT: DATED: 1 -"5-,,249
AT ST
6 City Manager
C-Fty Clerk APPROVED BY THE CITY COUNCIL
RY . NO.
Appr ved as to orm: M
CO RIVE DE DATED: 8
Cit torney
/ By: J �rai
' Title' Assistant Director/JTPA Administrator
Agreement # PSA 99/00-550-C-14 Exhibit A
City of Palm Springs
Labor Market and Business Survey
Description of Services
Background:
The Program Year 1999/2000 Title I11 40% Rapid Response Subgrant provides Riverside County EDA
Job Training an additional avenue to provide program information and technical assistance to Riverside
County employers via on-site contact with employers and employee representatives in the event of a
layoff and/or business closure. In addition, Rapid Response funding is being used in the development
and implementation of a service strategy to address the needs of employers and employees in order to
avert worker dislocations.
A successful project was conducted in PY 98/99 which allowed cities in Riverside County to organize,
conduct and evaluate their own local business visitations programs. The surveys measured employer-
staffing needs, identified businesses at risk of downsizing and/or relocating, and identified opportunities
for EDA to enhance Rapid Response activities in those communities.
This year's Business Visitation Program will allow EDA to assist cities with their ongoing efforts to
enhance job retention through improved communication with local business. City of Palm Springs has
committed to matching funds in the form of cash, staffing or in kind services to the project. This city has
demonstrated the following system in place:
Cooperation with local Chamber of Commerce or business organization
• Coordination between public and private economic development resources
Mobilization of local community-coordinated employer response teams
City of Palm Springs Roles and Responsibilities:
• Develop the Labor Market and Business Survey questionnaire and the methodology by which it
will be administered, analyze the responses, review the surveys and develop a database.
• Conduct follow-up with companies not responding and ensure survey is filled incorrectly. Gather
survey information to be obtained via phone contact and/or in person.
• Conduct one or more seminars or training events based on the results of the survey.
• The final report will be provided to EDA.
• A weekly project status report will be provided to the Rapid Response Coordinator(s), Mark
Christiansen and/or Gail Surowiec. The County will provide final Report results.
• Forward all survey responses identifying employment opportunities and/or job loss to the Rapid
Response Coordinator(s) within a 24-hour period.
• All activities will cease effective May 31, 2000 and the County will only make payment on
activities occurring prior to this date.
Agreement# PSA 99100-550-C-14 Exhibit B
City of Palm Springs
Labor Market and Business Survey Budget
EDA Job Training agrees to pay the CONSULTANT a fee of $26,000 for satisfactory completion of the
work described in this Agreement and its Attachments in accordance with an invoice submitted to
COUNTY by CONSULTANT within fifteen (15) days from the last day of each calendar month. COUNTY
shall pay the invoice within thirty (30) working days from the date of receipt.
BUDGET Total
Program Expenses
Develop Property Resource Book (Assembly & Printing) $3,465
Marketing 5111,680
Kiosk publicity package 900
City survey staff wages 15,955
GRAND TOTAL $26,000
IN-KIND BUDGET Total
Contractor's Contribution
City staff: Oversight, marketing $6,000
GRAND TOTAL $6,000