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HomeMy WebLinkAboutCoast Community College District - 2007-09-27MANAGEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COAST COMMUNITY COLLEGE DISTRICT FOR THE MANAGEMENT AND OPERATION OF THE LOUIS M. OCHOA JOB CENTER This Management Agreement ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City" and COAST COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "Contractor" collectively referred to herein as the "Parties". WHEREAS, the City and Contractor recognize the need for the daily management and operation of the Louis M. Ochoa Job Center which will provide a safe and supervised location for local day laborers to await temporary job opportunities without causing disruption to the neighboring business and residents; and WHEREAS, the City desires Contractor to provide day-to-day operations and management of the Louis M. Ochoa Job Center ("Job Center"); and Contractor desires to manage and operate the Job Center by providing employees to assist in arraigning for temporary work for day laborers in the manner set forth in this Agreement; and WHEREAS, the services provided pursuant to this agreement are exempt from the City competitive bidding requirements pursuant to Chapter 3.02.080 (b) (8) of the Huntington Beach Municipal Code, NOW, THEREFORE, the Parties covenant and agree as follows: 1. STATEMENT OF WORK. Contractor shall provide daily management and operation of the Louis M. Ochoa Job Center which will provide a safe and supervised location for local day laborers to await temporary job opportunities without causing disruption to the neighboring business and residents. 07-1027/13140/ 1 8/2/2007 2. SUPERSEDING OF PRIOR AGREEMENT This Agreement shall supersede and replace any existing agreement(s) for the management of the Job Center currently entered into by and between the Parties and all supplemental agreement(s) entered into by and between the Parties regarding the Job Center. 3. TERM Time is of the essence of this Agreement. The services of Contractor are to commence on immediately upon approval of this Agreement by the City (the "Commencement Date"). This Agreement shall expire three (3) years from the date of execution on Page 8 hereof, unless extended or sooner terminated as provided herein. 4. SCOPE OF SERVICES Contractor Shall: 1) Provide and supervise staff to operate and maintain the Job Center, including providing employment training services; 2) Pay cost of all utility bills including electric, water, gas, septic tank services bills associated with the Center; 3) Maintain in a sanitary and clean manner the physical structure, grounds, parking as well as areas adjacent to the Job Center; 4) Canvass the area surrounding the Job Center daily for any unsafe condition(s) that may exist and immediately notify the City of any unsafe condition(s); 5) Operate during the hours mutually agreed upon between City and Contractor; 6) Match employer needs with job seeker capabilities and skills; 7) Require that all employers and employees execute waivers in order to participate in the services provided. In addition to the services as set forth herein, Contractor and City shall mutually agree upon any additional services that may be required as a result of this Agreement. Any additional services 07-1027/13140/ 2 8/2/2007 not fully described herein and later agreed to by the Parties shall be reduced to writing and automatically incorporated herein. 5. COMPENSATION In consideration of the performance of the services described herein, City agrees to pay Contractor on a time and materials basis at the rates specified in Exhibit "A" which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Five Thousand Dollars ($55,000.00). 6. REPORTING In performing services under this Agreement, Contractor shall provide monthly reports in a form acceptable to the City at its sole discretion, detailing in part, a daily number of workers placed with employers, the daily number of employers, as well as any other data requested by the City related to this agreement. 7. TERMINATION This Agreement may be terminated by either party at any time by giving thirty (30) days written notice to Contractor with or without cause. In the event of termination, all finished and unfinished documents and reports shall, at the option of the City, become its property and shall be delivered to it by Contractor. 8. HOLD HARMLESS Contractor shall protect, defend, indemnify and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with Contractor's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. 07-1027/13140/ 3 8/2/2007 City shall protect, defend, indemnify and hold harmless Contractor, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs arising out of or in connection with City's performance of this Agreement except such loss or damage which was caused by the negligence or willful misconduct of the Contractor. 9. INDEPENDENT CONTRACTOR Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, workers' compensation, and payroll deductions for Contractor and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 10. WORKERS' COMPENSATION Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against City, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by Contractor under this Agreement. 11. INSURANCE In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the scope of 07-1027/13140/ 4 8/2/2007 this agreement. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the scope of this agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this scope of this agreement. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the scope of this agreement shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. 07-1027/13140/ 5 8/2/2007 The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 13. DELEGATION This Agreement is a personal services agreement, and the services provided hereunder shall not be performed by or delegated to any person or entity other than Contractor without the express prior written approval of the City Attorney. 14. MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 15. CITY EMPLOYEES AND OFFICIALS Contractor shall not employ any City official or any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of California Government Code Sections 1090, et seq. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services 07-1027/13140/ 6 8/2/2007 contemplated hereunder. Contractor understands that, pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 17. IMMIGRATION Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 18. NONDISCRIMINATION Contractor agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this agreement, in accordance with Government Code § 19702. 19. NON -RECYCLABLE ITEMS PROHIBITED All foods and beverages shall be offered or sold in recyclable paper or plastic containers. No pull -top cans or styrofoam containers are to be vended or dispensed from the Job Center by Contractor. City may from time to time review the items sold and containers or utensils used or dispensed by Contractor for purposes of monitoring compliance with this section. 20. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Contractor or to the City Attorney, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: 07-1027/13140/ 7 8/2/2007 TO City: City of Huntington Beach ATTN: Director of Economic Development 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 21. ENTIRE AGREEMENT TO Contractor Coast Community College District ATTN: Administrative Services 1370 Adams Avenue Costa Mesa, CA 92626 This Agreement contains the entire agreement between the Parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements, whether oral or in writing. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their authorized officers on _d'lt -� -7 2007. COAST COMMUNITY COLLEGE DISTRICT, By: C. M. Arahmbhatt, Vice Chancellor, Administrative Services DATE: SEP 0.6 Z007 07-1027/13140/ 8/2/2007 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California / � Z�, I- - ("q- � � (, � ,� ty Administrator INITIATED AND APPROVED: Director of Ec is Development APPROVED AS TO FORM: City Attorney N1 v in -G- 0 7 a`Z��67 Client#: 1048 COASTCOM ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE 05/31/07D ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION License #0451271 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Keenan 8r Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2355 Crenshaw Blvd., Suite 200 Torrance, CA 90501 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: P.I.P.S. Coast Community College District 1370 Adams Street Costa Mesa, CA 92626 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MM/OD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISEDAMAGES (RENTED E.$ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTO SCHEDULED AUTOS S--'"- �t��yRg COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ HIREDAUTOS NON -OWNED AUTOS � ' ) ��� }�� R TH, City me'J �y �f l2 (� 1111 BODILY INJURY Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND PIPS10904 07/01/07 07/01/08 W1" L'M - X DER E.L. EACH ACCIDENT $1 OOO 000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1 000 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * Subject to terms and conditions of the Memorandum of Coverage As respects to Louis Ochoa Job Center and Coastline One -Stop Job Placement Center. I-.L•»•J:IN City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ',0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001/08) 1 Of 2 #S11499/M8100 AZP © ACORD CORPORATION 1988 J IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S11499/M8100 SWACC CERTIFICATE OF COVERAGE ISSUEDATE 09/18/07 ADMINISTRATOR: LICENSE # 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keenan & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 901 Calle Amanecer HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 200 ALTER THE COVERAGES AFFORDED BY THE COVERAGE Sari Clemente CA 92673 DOCUMENTS BELOW. COVERED PARTY: ENTITIES AFFORDING COVERAGE ENTITYA Statewide Assoc. of Coast Community College District Community Colleges 1370 Adams Street Costa Mesa, CA 92626 APP VEDA OF Ley�w�7�67 E IF McG TH, Ci ATTN: BILL KERWIN THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. ENT TYPE OF COVERAGE COVERAGE EFFECTIVE / MEMBER LTR DOCUMENTS EXPIRATION DATE RETAINED LIMIT LIMITS / DEDUCTIBLE GENERAL LIABILITY A [XjGENERAL LIABILITY SWC 0110 011 0 7 / 01 0 7 / COMBINED SINGLE LIMIT [ ]CLAIMS MADE [)]OCCURRENCE [X[GOVERNMENTCODES 07/01/08 $100, 000 EACH OCCURRENCE $ 1, 000, 000 [X]ERRORS & OMISSIONS [l AUTOMOBILE LIABILITY A [X]ANYAUTO SWC 0110 011 0 7 / 01 / 0 7 COMBINED SINGLE LIMIT EACH OCCURRENCE [)]HIRED AUTO [XjNQN-OWNED AUTO 07/01/08 $100, 000 $ 1, 000, 000 [XjGARAGE LIABILITY [X]AUTO PHYSICAL DAMAGE PROPERTY SWC0110011 07/01/07 A ALL RISK 07/01/08 $10, 000 $ 250, 000, 000 EXCLUDES EARTHQUAKE & FLOOD EACH OCCURRENCE SWC 0110 011 0 7 / 01 / 0 7 A STUDENT PROFESSIONAL LIABILITY 07/Ol/08 $5,000 $Included EACH OCCURRENCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL PROVISIONS: As respects to Louis Ochoa Job Center and Coastline One -Stop Job Placement Center. This insurance is primary and all other insurance is excess. CERTIFICATE HOLDER: CANCELLATION ...... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENTITY/ JPA City Of Huntington Beach WILLMNX4W1KMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE 2000 Main Street HOLDER NAMED TO THE LEFT,7$jS�S�Q¢QhIL Huntington Beach, CA 92648�� ATTN: Dir. . of Economic Development AUTHORIZED REPRESENTATIVE K&A.. P/L..06/20001 of 1 # S 8 4 3 0 6/ M 7 8 3 21 AZ P A.C.# 84306 STATEWIDE ASSOCIATION OF COMMUNITY COLLEGES ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Coast Community College SWC0110011 KEENAN & ASSOCIATES District Subject to all its terms, conditions, exclusions and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Covered Party: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 As Respects: As respects to Louis Ochoa Job Center and Coastline One -Stop Job Placement Center. This insurance is primary and all other insurance is excess. r11►s''"`Tr3 Authorized Representative