DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 :t\l.� � CONTRACT/AGREEMENT APPROVAL FORM
Date: 7/1/23
Name of Contract/ Agreement 3rd Amendment - JobTrain Contract Originating Department/Responsible Person, ext.
Vendor
ECO/Ernesto Lucero
JobTrain
Routing Instructions: Vendor - Dept Head- CAO- CM- CC
TYPE OF CONTRACT: Professional Services
Renewal Time Extension
Have there been any changes to the Contract Template? mNo Dves CONTRACT AMOUNTS: Specified Amount(s) indicated below
DATE AMOUNT
Original 4/4/21 403,916.00
1st Amendment
2nd Amendment
APPROVAL AUTHORITY:
INSURANCE REQUIREMENTS:
4/14/22
4/14/23
469,200.00
Council
3rd Amendment
4th Amendment
TOTAL
DATE
7/1/23
AMOUNT
515,387.00
1,388,503.00
Waivers requested
BUDGETARY:
laves (If Yes, Route to Risk Manager for signature first) li]lncluded in Budget (Simpler report attached showing amounts) ATTACHMENTS:
Amount
515,387.00
Project String Accounting String
102201-005-600 100-10115-5001
Ii] Agreement and all Exhibits Ii] Resolution (all contracts over $150k) D SIR Questionnaire li]certificate of Insurance, naming City of South San Francisco as an Additional Insured DEPARTMENT HEAD ACKNOWLEDGEMENT:l��"""g:....:..•d_b_y, __________________ _ The contract, amendments, exhibits, ins�@N!q:m:r-aments/waivers and attachments have been reviewed and included.
RISK MANAGER APPROVAL OF INSURANCE WAIVER:
CITY ATTORNEY APPROVAL OF ENTIRE AGREEMENT:
Comments:
approved as to form
D Approval of Agreement
ASSISTANT CITY MANAGER'S APPROVAL:
D Approval of Insurance OAdd Agreement to Contract Tracker �
(Only if amount is over $25,000)
DocuSigned by:
FINAL APPROVAL: $:furt,111 �Fl\hndger k4 t,u 11/ s
on behalf of Council
CITY CLERK:
D Please attest, keep a copy for your files, and return to Originating Department D Please upload to Laserfiche and return to Originating Department COPY SENT TO VENDOR:
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND JOBTRAIN
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is made at South San Francisco, California, as of June 30, 2023 by and between THE CITY OF SOUTH SAN FRANCISCO ("City"), a municipal corporation, and JobTrain ("Contractor"), (sometimes referred together as the "Parties") who agree as follows:
RECITALS
A. On April 14, 2021, City and Contractor entered that certain Professional Services Agreement ("Agreement") whereby Contractor agreed to provide workforce development services in South San Francisco. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. On April 14, 2022, City and Contractor entered that certain First Amendment to Agreement ("First Amendment") whereby Contractor agreed to provide workforce development services in South San Francisco. A true and correct copy of the First Amendment and its exhibit is attached as Exhibit B.
C. On April 14, 2023, City and Contractor entered that certain Second Amendment to Agreement ("Second Amendment") whereby Contractor agreed to provide workforce development services in South San Francisco. A true and correct copy of the Second Amendment and its exhibit is attached as Exhibit C.
D. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 1: Term. The term of the Third Amendment shall now expire on June 30, 2024.
3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $1,388,503, as approved by City Council, with the understanding that up to $873,116 has already been paid to Contractor. City agrees to pay Contractor a sum not to exceed $515,387, for services provided between July 1, 2023 and June 30, 2024.
Contractor agrees this is the City's total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
1 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
4. Scope of Services. The Scope of services is amended and attached as Exhibit D to this Amendment, referenced as the Third Year of Services.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
2 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 D d August 29, 2023 I 9:42:35 PM PDT ate : _________________ _
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
8 DocuSigned by:
B s:iAV'{)IA. 611 �lAAl.$
8A40B2F441 FD4BA. ..
City Manager
Approved as to Form:
€ DocuSigned by:
l1✓plllA.JY11, {!){)If
4B@�F�ey
5440338.1
€Docu5igned by:
{¼vyjt, trta/L AlA/1111
5B3986F410B0416 ...
Barrie Hathaway
Chief Executive Officer
August 29, 2023 I 9:37:44 PM PDT
August 30, 2023 I 7:57:32 AM PDT
3 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 JOB AN
Exhibit C
City of South San Francisco & Job Train North San Mateo County Career Center Partnership for Workforce Development
Project Budget, Goals, and Workplan FY 2023-2024
July 1, 2023 - July 1, 2024
South San Francisco Annual Budget FY23-24
Personnel* (including benefits)
Other Direct Costs
Marketing
Supplies and Operating Costs
Client Supportive Services
Client External Training 1
Subtotal Other Direct Costs
TOTAL
Personnel Detail*
(1) Regional Director
FTE Rate
4.83 (3) Employment/Supportive Services Specialists
(.53) FTE combined Supervisory and Support Staff
Cost
$470,887
7,500
15,000
10,000
12,000
$44,500
$515,387
Fed FTE Fed$
2.1 $218,382
6,500
12,118
6,500
6,500
$31,618
$250,000
City
FTE
2.73 (.33) FTE Receptionist (funded equally by JobTrain, Renaissance, and South San Francisco) 1Client External Training includes opportunities like Guard Card, Responsible Beverage Service, and First Aid certification required for career advancement.
City$
$252,505
1,000
2,882
3,500
5,500
$12,882
$265,387
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 *
JOB AN
Exhibit C
FY 2023-2024 Project Goals:
• Serve 20% additional clients compared to prior fiscal year • Provide (3) cohorts of North County Medical Assistant Training for up to (60) students • Launch North County Career Center Employer Advisory Committee • Engage additional partners at the EAC for training and supportive services Federal Community Project Grant Workplan (per DOL grant application) • Expand North County outreach: leverage communications, social media, and conduct presentations to City Councils, Employers, CBO's. Communities include Brisbane, Colma, Daly City, South San Francisco, San Bruno, Millbrae, and Pacifica. • Provide rapid employment services for 32 individuals between 5/1/23-12/31/23. • Provide rapid employment services for 19 individuals between 1/1/24-6/30/24. • Enroll 20 individuals in JobTrain's skills upgrade trainings between 5/1/23-12/31/23. • Enroll 12 individuals in JobTrain's skills upgrade trainings between 1/1/24-6/30/24. • Provide wraparound supportive services for 24 individuals between 5/1/23- 12/31/23.
• Provide wraparound supportive services for 15 individuals between 1/1/24-6/30/24.
Leveraged JobTrain Resources (additional value, no cost to SSF) • (3) Cohorts up to 60 total students for Evening North County Medical Assistant Training ($480,000 value)
• (20) Career Training Education (CTE) slots at JobTrain's Menlo Park Training Facility (estimated $130,000 value)
• Supportive services and upskill training based on client needs
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 File Number: 23-443
City of South San Francisco
City Council
Resolution: RES 107-2023
P.O. Box 711 (City Hall 400
Grand Avenue)
South San Francisco CA
Enactment Number: RES 107-2023
RESOLUTION APPROVING THE THIRD AMENDMENT TO
THE CONTRACT WITH JOBTRAIN FOR WORKFORCE
DEVELOPMENT SUPPORT SERVICES AT THE
ECONOMIC ADVANCEMENT CENTER IN SOUTII SAN
FRANCISCO IN TIIE AMOUNT OF $515,387 FOR ONE
ADDITIONAL YEAR OF A PROFESSIONAL SERVICES
CONTRACT.
WHEREAS, on April 14, 2021 the City Council approved a one-year professional services contract with JobTrain, incorporated herein as Exhibit A. for workforce development services at the Economic Advancement Center in South San Francisco; and
WHEREAS, on April 14, 2022 the City Council approved the First Amendment to the professional services contract with JobTrain, incorporated herein as Exhibit B, for an additional year of workforce development services at the Economic Advancement Center in South San Francisco; and WHEREAS, on April 14, 2023, the Second Amendment to the professional services contract with JobTrain, incorporated herein as Exhibit C, which was administratively approved which solely extended the term of the agreement to terminate on June 30, 2023; and
WHEREAS, the workforce development services offered have continued to provide much value to the local unemployed and underemployed residents; and
WHEREAS, the workforce development programs have successfully attracted state and federal grant funding, which will support services offered in FY 23-24, administered by the U.S. Department of Labor and the California Governor's Office of Business and Economic Development.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby takes the following actions:
1. Finds and determines that the foregoing recitals are true and correct and incorporated herein as part of this Resolution;
2. Authorizes the City Manager to execute the Third Amendment to the contract with JobTrain for workforce development services at the Economic Advancement Center in South San Francisco in an amount not to exceed $515,387, incorporated herein as Exhibit D; and
3. Authorizes the City Manager to take any other related actions necessary to carry out the intent of this Resolution.
City o
f South San Francisco
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 File Number: 23-443 Enactment Number: RES 107-2023
* * * * *
At a meeting of the City Council on 6/28/2023, a motion was made by Councilmember Addiego, seconded by Vice Mayor Nagales, that this Resolution be approved. The motion passed.
Ci1y of South San Francisco
Yes: 5 Mayor Nicolas Vice Mayor Nagales, Councilmember Addiego, Councilmember Coleman, and Councilmember Flores
Attest by � ,{or Rosaoveakost�erk
DocuSign Envelope ID: 2C 93C2BC-4 664-40F0-83A 1-3BA8E7111759 ACORD®
CERTIFICATE OF LIABILITY INSURANCE I �
DATE (MM/DD/YYYY)
7/10 /2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
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).
PRODUCER CONTACT
NAME: Certificate DeDartment
Newfront Insurance Services PHONE 650-488-8 56 5 I
FAX
777 Mariners Island Blvd., Suite 250 , ,,.,,._ No. Extl: {A/C Nol:
E-MAIL San Mateo, CA 94404 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
www.newfront.com OH 55918 INSURER A: Great American Assurance Comoanv 26344 INSURED INSURER B: Great American Alliance Insurance Co 26832 JobTrain, Inc. INSURER C: Hartford Life & Accident Insurance Comoanv 70815 1200 O'Brien Drive Menlo Park CA 94025 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 7524 5027 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
A
B
A
C
TYPE OF INSURANCE
L COMMERCIAL GENERAL LIABILITY
□ CLAIMS-MADE W OCCUR
,--
,--GEN'L AGGREGATE LIMIT APPLIES PER: � □PROPOLICY JECT OTHER:
,--AUTOMOBILE LIABILITY
ANY AUTO
DLoc
,-- OWNED SCHEDULED ,-- AUTOS ONLY - AUTOS
L HIRED _:f._ NON-OWNED
AUTOS ONLY AUTOS ONLY
L UMBRELLA LIAB H OCCUR
EXCESS LIAB CLAIMS-MADE
DED I ✓ I RETENTION$10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANYP
OFFICER/MEMBE
ROPRIETOR/PA
R EXCLUDED?
RTNER/EXECUTIVE □
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liability
Blanket Accident
ADDL SUBR POUCY EFF POLICY EXP
•••<>n •••un POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl
✓ PAC 2416795 19 7/1/2023 7/1/2024
PAC 2416795 19 7/1/2023 7/1/2024
UMB 2416797 10 7/1/2023 7/1/2024
N/A
PAC 2416795 19 7/1/2023 7/1/2024
57-SR- 561493 5/15/2023 5/15/2024
LIMITS
EACH OCCURRENCE $1000 000
DAMA'-'E '_(I REN I ED
PREMISES Ea occurrence I $1000 000
MED EXP (Any one person) $20 000
PERSONAL & ADV INJURY $1000 000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG $2 000 000
$
fE�������trlNGLE LIMIT $1000 000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $ /Per accident
\
$
EACH OCCURRENCE $2 000 000
AGGREGATE $2 000 000
$
I PER
STATUTE I I OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE· EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
Each Act, Error or Omission $1,000,000
Aggregate $2,000,000
Maximum Benefit $50,000
A Abuse and Molestation Coveraae PAC 2416795 19 7/1/2023 7/1/2024 Each Abuse and Aaareaate Limit $1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations of the Named Insured.
City of South San Francisco and its Officers, Employees, Agents, and Volunteers are additional insureds as respects General Liability policy but only to the extent required by written contract or written agreement. Primary wordings applies with respects to General Liability Policy. 30 Days Notice of Cancellation pending issuance from carrier, form to follow
CERTIFICATE HOLDER CANCELLATION
Cii of South San Francisco SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 40 Grand Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
South San Francisco, CA 94080
AUTHORIZED REPRESENTATIVE � I Rod Sockolov
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 75245027 I 18056 I 23-24 GL BA UMB PL ACC I Patra (1) I 7/10/2023 1:43:48 PM (PST) I Page 1 of 13 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 �oncy Numl>,i,c PAC 2416795 19
0178128
ORIG IMAGE COPY
GREAT AMERICAN INSURANCE CO
CG 89 70 (Ed. 11/14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT
This Endorsement modifies and is subject to !he -insurance provided under the following form:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following extension only applies in the event that no other specific coverage for the indicated loss exposure is provided under this Policy. If other specific coverage applies, the terms, conditions and limits of that Coverage are the excl usive coverage applicable under this Policy, unless otherwise noted in this Endorsement. This is a summary of the various additional coverages and coverage modifications provide d by this Endorsement. For complete details on specific coverages, consult the actual policy wording.
Coverage Description
- - -
-
Non-Owned Air craft.
, - -
Non-Owned Watercraft
Bodily Injury - Mental Injury, Mental Anguish, .Humiliation or Shock Medical Payments
Damage to Premises Rented to You
Supplementary Payments - Bail Bonds
Supplementary Payments - Loss of Earni_ngs
Newly Formed or Acquired Organizations
Unintentional Failure to Disclose Hazards
Knowledge of Occurrence, Claim o'r Suit
Property Damage Liability - Elevators
-
Property Damage Liability - Borrowed Equipment
Liberalization Clause
Amendment of Pollution Exclusion (Premises)
Limited Property Damage to Property of Others
- -
Additlonal Insured � Manager or Lessor pf Premises
CG 89 70 (Ed. 11/14) (Page 1 of 12)
Limit of
Included
Included
Included
Insurance
- -
$ 20,000
$ 1,000,000
$ 3,000
$ 1,000 per oay
Included
Included
Included
Included
Included
lnclude·d
Included
$ 5,000
-
Included
75245027 I 18056 I 23-24 GL BA UMB PL ACC I Patra (1) I 7/10/2023 1:43:48 PM (PST) I Page 2 of 13 Page
2 -
2 -
3 3
,,
3 4
4 4
5 5
5 5
6 6
-
7 - -
-
. - . -
'
'
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 0118128
ORIG lMAGE COPY
GREAT AMERICAN INSURANCE CO
Coverage Description Limit of Insurance Page
Additional Insured - Funding Sources Included 7
Additional Insured - By Contract Included 8
Primary and Non-Contributory Additional Insured Extension Included 10 Additional Insureds - Protection of Your Limits Included 10 Blanket Waiver of Trans(eJ of Rights of Recovery Against Others Included to Us (Subrogation) 11
Property Damage Extension With Volunlary Payments $ 1,000/$ 5,000 � 1 Who Is An Insured - Fellow Employee Extension - Management .Included Employees 12
Broadened Pe(sonal and Advertising Injury Included 12
A. Non-Ownetl Aircraft
Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided:
1. it is not owned by any insured;
2, it is hired, chartered or loaned with a trained paid crew; 3, the pilot in .command holds a currently elfective certificate, issued by the duly· constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and
4. i;t is not being used to carry persons or property fo.r a charge·.
However, the insurance afforded by lhis provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B, Non-Owned Watercraft.
Under paragraph 2. Exclusions of SECTION r - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
la[ less than 60 fee� long� and
CG 8 9 7 0 (Ed. 11 / 1 4) (Page 2 of , 2)
75245027 I 18056 I 23-24 GL BA UMB PL ACC I Patra (1) I 7/10/2023 1:43:48 PM (PST) I Page 3 of 13 I
I
-·
I
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 0178128
ORIG IMAGE COPY
GREAT AMERICAN INSURANCE CO
(b) not being used to carry persons or property for a charge.
C� Bodily Injury • Mental Injury, Mental Anguish, Humifiation or Shock Under SECTION V - DEFINITIONS, Definition 3. is replaced by the following:
;!. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily fnjury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person.
D. Medical Payments
If Coverage C Medical Payments is no1 otherwise excluded, the Medical Payments provided by this Policy are amended as follows:
The Medical Expense Limit in paragraph 7. of SECTION fLJ • LIMITS OF INSURANCE is replaced by the following Medical expense Limit:
The Medical Expense Limit provided by this Policy shall be the greater of� <a. $ 20,000; or
b. the amount shown in the Declarations Tor Medical Expense Limit This provision 7, is subject to all the term_s of SECTION Ill - LIMITS OF )t)ISURANCE.
E. Damage to Premises Rented to You
H Damage to Premises Rented to You is not otherwise excluded from this Coverage Part:
1, Under paragraph 2. Exclusions of SECTION I - COVERAGE A • Bodily Injury and Property Damage Liability:
3. The last paragraph o t paragr-aph 2. Exclusions is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lrghtning, exploslon, smoke, leakage from an automatic fire protection system or water to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE.
However, this insurance does not apply to damage fa premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by:
i. rupture, bursting, or operation of pressure relief devices; n_. rupture or bursting due to expansion or swelling of the contents of any buildif)g or structure, caused by or resulting from water;
Hi, explosion of steam boilers, steam pipes, steam engines, or steam turbines; or iv. 0ood
2. Paragraph 6. Under SECTION .ffl "' LIMITS OF INSURANCE Is dele.ted in ifs entirety and replaced with (he following:
CG 89 70 (Ed.- 11114) (Page 3 of 12)
75245027 I 18056 I 23-24 GL BA UMB PL ACC I Patra (1) I 7/10/2023 1:43:48 PM (PST) I Page 4 of 13 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 0178128
ORIG IMAGE •COPY
GREAT AMERICAN f'NSURANCE CO
,6. Subject to paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water or any combination of the six, is the higher of $1,000,000 or the amount shown in the Declarations tor the Damage to Premises Rented to You Limit.
3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance where the words "Fire insurance" appear they are changed to "'insurance for fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water."
4.. As regards coverage provided by this prov1s1on I. Damage to Premises Rented 1o You - paragraph 9.a. of Definitions is replaced with the following�
9. a. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract";
F. Supplementar>' Payments
1. In the Supplementary Payments - Coverages A and B provision, p�ragraph 1.b. is replaced with:
b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Parc1graph 1.d. is replaced by the following:
d·. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $ 1,000 a day because of time off work.
G. Newly Forme,;I or Acquired Organizations
Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following:
·3, Any organizc1tion you newly acquire or form and over whi9h you maintain ownership or majority interest, will qualify as a named insured if there is no other similar insurance available to that organization. However:
a.. coverage under this prov1s1on is afforded only until the _expiration of the policy period in which the entity was acquired or formed by you;
b, coverage A does not apply to "bodily i"njury" or property damage that occurred before you acquired or formed the organization; and
c. coverage B does not apply to "personal and advertising injury" arising out of an offense ,committed before you acquired or formed the organization.
CG 89 70 (Ed. 11/14) (Page 4 of 12)
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GREAT AMERICAN INSURANCE CO
d. records and descriptions of operations must be maintained by the first named insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a named insured in the Declarations or qualifies as an insured under this provision.
H. Unintentional Failure . to Disclose Hazards
Under SECTION IV ... COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations:
Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided su_ ch failure or omission is not intentional on the part of the Insured.
1.. Knowledge of Occurrence, Claim or Suit
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to· Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
Knowledge df any occurrence, claim, or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by:
a. you, iJ you are an individual;.
b. a partner, if you are a partnership
c. an executive officer or insurance mac,ager, if you are a corporation.
J., Property Damage Liabflity ... Elevators
1. Under paragraph 2. Exclusions of SECTION I • COVERAGE A • Bodily Injury and Property Damage Liability, subparagraphs (3), (4) and (6) of exclusion j. Damage to Property do not apply if such property damage results from the use of elevators.
2. The following is added to SECTION IV - COMMERCIAL GENERAL LI.ABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b, Excess Insurance:
The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
K. Property Damage Liability,.. Borrowed Equipment
1,. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (4) of exclusion j. Damage to Property does not apply to "property darnage" to borrowed equipment while not being used to perform operations at a Job site.
02. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Conditions., Condition 4. Other Insurance, paragraph b. Excess Insurance:
The insurance afforded by this provision of this Endorsement is excess over any property. insurance, whether primary, excess, contingent or on any other basis.
CG 89 70 (Ed. 11./14) (Page 5 of 12}'
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L. Liberalization Clause
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If we revise this Signature General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the date the revision is effective in your state.
M. Amendment of Pollution Exclusion (Premises)
1. The following is added to paragraph (1)(a) of Exclusion f. of, SECTION I � COVERAGE 'A - Bodily Injury and Property Damage Li ability:
(iv) "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants."
As used in this Endorsement, ihe actual discharge, dispersal, seepage, migration, release or escape of pollutants must:
·(aa) commence on a clearly identifiable day during the policy peTiod; and (bb) end, in its entirety, within seventy-two (72) hours of the commencement of tlie discharge, dispersal, seepage, migration, release or escape of "pollutants"; and (cc) be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration. release or escape of "pollutants" commences; and
('dd) be neither expected nor jrttended fr.om the standpoint of any insured; and (ee) be unrelated to any previous discharge, dispersal, seepage, migration. release o·r escape; and
(ff) not originate at or from a storage tank or other container, d,ucr or piping which:
a. is below the surface of the ground or water; ot
b. at any time has been buried under .the surface· of the ground o.r waler and then is subsequently exposed.
2. For the purposes of this coverage, 'the following is added to the definition ·ot "property damage" of SECTION V - DEFINITIONS and applies only as respects this coverage:
Land 9r water, whether below ground level or not, 'is not tangible property.
3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred.
N. Limited Property Dam_c;1ge to Property of Others
The following 'is added under SECTION i - SUPPLEMENTARY PAYMENTS - COVERAGES A and B� 3'. We will pay up to $ 5,000 for loss to personal property of others while in the temporary care, custody or control of an insured caused by any person participating in your organized activities .
For the purpose of this supplementary payment, loss shall mean damage or destruction bu_t does not include mysterious disappearance or loss of use. In the event of a theft, a police report must be filed. This supplementary payment does not apply if:
,a, coverage is otherwise, provided by the Property Coverage part (if any) of this Policy; ot -
CG 8 9 7 0 (Ed. 11 / 1 4 )· (Page 6 of 12:)
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b, the loss is covered by any other insurance you have or by any insurance of such person who causes such loss.
These p�yments will not reduce the Limits of Insurance.
0. Additional Insured - Manager or Lessor of Premises
'1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under:
(a) ·a written contract; or
(b) an oral agreement or contract where a Certificate of · Insurance showing that person or organization as an additional insured has been issued;
but . the written or oral contract or agreement must be an "insured contract," and, (I) currently in effect or· become effecti'i:re during the term of this Policy: and (ii) executed prior to the "bodf.ly injury," "property damage," "personal and advertising injury."
2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1. above, the following additional provisions apply:
(a) This insurance applies onl'y with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. lb) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations.
{c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contra ct.
(d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional Insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary.
(e) This insurance applies only to the e-xtent permitted by law.
3. This insurance does not apply to:
(a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises.
(b) Structural alterations, new constru.ction or demolftion operations performed by or on behalf cH the Additional Insured.
P. Additional Insured - Funding Sources.
1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of:
CG 89 70· (Ed. 11/i4J (Page. 7 of 12.)
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a. your premises; or
b. ,·your work" for such addit'ional insured; or
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c. acts or omissions of such additional insured in connection with .the general supervision of "your work"
and only to the extent set forth as follows:
a. The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the AdditJonal Insured are inclusive of and no.I in addition to the Limits o'f Insurance shown in the Declarations.
)l. The insurance afforded to the Additional Insured only applies to the e:xtent permitted by law c. If coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. d. In no event shall the coverages or Limits of Insurance in this Coverage Form be ·increased by such contract.
Q. Additional Insureds - By Contract
1. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of:
a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract or written agreement provided that the "bodily injury" or "property damage occurs, or the "personal and advertising injury" is commit.t�d. subsequent to the signing of' such written contract or written agreement; or
b. the maintenance, operafion or use by you of equipment rented or leaS"ed to you by such person or organization; or
c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for which fhe state or political subdivision has issued a permit
However:
t, the insurance afforded to such additional insured only applles to the extent permitted by law; and
2-. if coverage provided to the Additional Insured is required by contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured.
With respect· to paragraph 1.a. above, a person's or organization's status as an additional insured under this Endorsement ends when:
CG 8 9 7 0 (Ed. 1 i / 1 4) Wage 8 of � 2)
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.(1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional lnsured(s) at the location of the covered operations has been completed; .or
(2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project., With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" Which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this Endorseme · nt applies only if the written contract or wriJten agreement is signed prior to the "bodily injury" or "property damage." We have no duty to defend an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured as required in paragraph b. of Condition 2.
Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL .GENERAL LIABILITY CONDITION.
2. Wrth respect to the insurance provided by this Endorsement, the following are added to paragraph 2. Exclusions under SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability:
This insurance does not apply to;
a. "Bodily injury" or "property damage'' · that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including:
(1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(2) supervisory, inspection, architectural or engineering acHvities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the offense which caused the "personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c, ''-Bodily injury" or ''property damage" occurring after; (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional lnsured(s) at the location of the covered operations has been completed; or
(2f that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor o·r subcontractor engaged in performing operations for a principal as a part of the same ·project .
CG 8 9 7 0 (Ed. 11 /'1 4) (Page 9 of f2)
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d. Any person or organization specifically designated as an additional insured for ongoing operations by a separate addition.al insured endorsement issued by us and made part of this Policy.
3. With respect to the insurance afforded to these Additional Insureds. the following is added to SECTION Ill - LIMITS OF INSURANCE:
If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance:
a. required by the contract or agreement; or
b. available under the applical:fle Limits o( lns.ur.ance sha,wn in the Declarations•:
whichever is less.
This Endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
R. Primary and Non-Contributory Additional Insured E,s:tension This provision applies to any person or organization who quafffies as an additi6nal insu·red under anx to rm or endorsement under this Policy.
Condition 4. Other Insurance of SECTION IV� COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is -added to pc;!ragraph a. Primary fnsurahce:
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) the Additional Insured is a named insured under such othet insurance; and' (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured.
b. The following is added to. paragraph b. Exces.� lnSJJrance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a named insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies.
S, Additional Insureds - Protection of Yo'Ur Limits
This provision applies to any person br organization who qualifies as an additional insured under any form or endorsement under this Policy.
1. The foUowing is added :to Gondition 2. Dutfes in the Event- of Occurrence, Offense1 Claim orSuit:
An additional insured under this Endorsement will as soon as practicable:
CG 8 9 7 0 (Ed. 11 / 1 4) {Page 1 0 dr 12)
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a. give written notice of an "occurrence" or an o.ffense that may result in a c[pim or "suit-'' under thjs insurance t.o us;
b. tender the defense and indemnity of any claim or "sui't'' to all insurers whom also have insurance available to the Additional Insured; and
e. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part.
d. we have no duty to defend or indemnify an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured.
2. The Limits of Insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION Ill · LIMITS OF INSURANCE of this Policy, whichever are less. These limits are inclusive of and not in addition to the Limits of Insurance available under this Policy.
T. Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrog_atiori) Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the followin,g is added to Condition 8. Transfer of Rights of Recovery Against Others to Us:
If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products-completed operatibns hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement.
U. Property Damage Extension wi,th Voluntary Payments
1. The following is added to paragraph 1. Insuring Agreement of SECTION I • COVERAG.E A-� Bodily Injury and Property Damage Liability:
A.I your request we will pay for "loss" to property of others caused by your business operations for which this Policy provides liability insurance. Such payment will be made without regard to your legal obligation to do so. The "loss" must occur during the policy period and must take place in the "coverage territory."
.2. With respe.ct to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of SECTION I - COVERAGES A - Bodily Injury and Property Damage Liability is amended as follows:
Exclusions j.(3), j.(4), j.-(5) and j.(6) are deleted.
�- As respects coverage afforded by this coverage, SECTION 1ll - LIMITS OF INSURANCE is replaced by the following:
Regardless of the number of insureds, clc:iirns mad,e o-r ''suits•· brought or persons Qr organizations making claims or bring "suits":
·1,. Subject to 2. Below, the most we will pay for one o.r more "loss" arising out of any one "occurrence" is $ 1,000.
·2. The aggregate amount we will pay for the sum of all "loss" in an annual period is $ 5,000.
This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2. of SECTION Ill - LIMITS OF INSURANCE.
CG 89 70 (Ed. 11/i4J Wage 1 1 of 1 2J
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V. Who Is an Insured - Fellow Employee Extension • Management Employees
1. The following is added to paragraph 2.a.(1) of SECTION II • WHO IS AN INSURED;;.
Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employee" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances.
This coverage is excess over any other valid and collectable lnsurance available to yq,ur "employee.•
W.. Broadened Personal and Advertising Injury
1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added tQ SECTION V - DEFINITIONS Item 14.:
h. mental injury, mental anguish, humiliation, or- shock, if directly resulting from Items 14,a. through 14.e.
CG 8 � 7 0 (Ed. 1 1 / 1 4 ) (Page 12 of 12).
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EXHIBIT A
Original Agreement
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for ,consumng setvices is made by and between lhe City of South San 14 2021 _ ° I� and Job Tram ( ConoullanrJ (roge!her SOmefimes refurmd to as the "Parties; as of April , _ (the E"ecttve Datej. sha
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ERVICES. Subject lo the terms and conditions set forth in this Agreement, Consultant and incorporated he
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services described in the Scope of Work attached as Exhibit A attached hereto al the time and place and in the manner specified iherein. I� conflict in the event of a or inconsistency between the terms of this Agreement and Exhibit A the Agreement shall prevail.
1.1 Term of Services. The tenn of this Agreement shall begin on the Effective Date and shall end on April 15._2022, the date of completion specified in _Exhibit A and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. The Agreement may be extended for additional 12 monlhs, upon mutual agreement by the Parties, and City Council appro val if the dollar amount warrants a need for such action. . . 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class -�
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1.3 1.4
Assignmant of Porsonnel. Consultant :shall assign only ? o�p�
tent pers�nnel
_
to perform "s;;ices ursuant to ilis Agreement. In the event that c,�. ,n its sole d1scret1on, at any nme duri� Ille term DI this Agreement desires the reassignment of any such pe;;;.ty s,
Consultant shall, immediately upon receiving notice from City of such desire O 1 , reassign such person or persons.
Time. Consultant shall devote such time to the performanc h
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b easonably necessary to meet t e s an ;�;;�:� s:ti�;: 1.1 a�d .11 above and to satisfy Consultant's obligations hereunder. . to a Consultant a sum not to exceed $403,916, Section 2. COMPENSA!ION .. City !:eby ag::ntai�e� in Consultant's proposal, for services to be notwithstanding any contrary mrfications may . A ment In the event of a conflict between th"Is
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compe11sa �llt � time and in the manner set forth herein Consultant for services rendered pursuan� to th1r Aor�:� f �
om City to Consultant for services rendered
The payments specified below shall be e on y pay
April 14, 2021
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pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
■ Seria identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred {800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The amount and purpose of actual expenditures for which reimbursement is sought;
■ The Consultant's signature.
2.2 Monthl,Y Pa_yment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost.
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2.3 2.4
Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement Are specific b the identified budget in Exhbit A - Scope of Work.
Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 ("Fonn 590"), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding truces from any nonCalifornia resident subcontractor and shall submit written documentation of compliance with Consultant's withholding duty to City upon request. .
2.8 Payment ugon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performeq as determined by the Director of Industrial Relations pursuant to the Director's authority urder Labor Code Section 1770, et seq. Each laborer, worker or mechanic employe� by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less ,i-tan prevailing rate of per diem wages. The difference between the prevailing rate of per piem wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedtJle of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776." Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
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the information in possession of the City. The location, quantity, and time of fumistlng those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currenfly maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers' Com,R,ensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance tor any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator ( as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS {$1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be perfomied under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall ind.1de but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev:11.14.2016]
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activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work.
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expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's ear1iest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
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4.5 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultait's insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer's liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the selfinsured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the selfinsured retention required to be paid as a precondition to the insurer's liability.
Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a "wasting" policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected.
Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant er its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been detennined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6.
6.1 STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entiUed to, and hereby agree to waive any and Consulting Services Agreement between [Rev:11. 14.2016] April 14, 2021 City of South San Francisco and Job Train Page 9 of 17
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6.2 Section 7.
7.1 7.2
7.3 7.4
7.5 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color. national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
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Section 8.
8.1 TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section
9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting._ City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
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Section 9.
9.1 9.2
9.3 9.4
8.6.1 Immediately tenninate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law.
Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. lnsaection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become Consulting Services Agreement between [Rev:11.14.2016] April 14, 2021 City of South San Francisco and Job Train Page 12 of 17 [ Docu�ign Envel
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the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as "Confidential," "Business Secret" or "Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the infonnation that a prospective bidder submits is a trade secret. If a request is made for infonnation marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entiUed to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code§ 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any 'Nritten materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; {ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and {iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows:
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Consultant:
City:
Job Train
1200 O'Brien Drive
Menlo Park, CA 94025
attn: Barrie Hathaway, President & CEO
(650} 330-6500
[email protected]
City of South San Francisco
400 Grand A venue
South San Francisco, CA 94080
Mike Futrell, City Manager
(650) 877-8502
[email protected]
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties ..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement.
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The Parties have executed this Agreement as of the Effective Date.
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CITY OF SOUTH SAN FRANCISCO Consultants
'NAME:B�
TITLE: President & CEO
Approved as to Form:
ltDocuSigned by:
l2:!�F�4468 ,--------
\,;IIY Anorney
2729962.1
Consulting Services Agreement between [Rev: 11.14.2016] City of South San Francisco and JobTrain Page 17 of 17
April 14, 2021
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EXHIBIT A
Partnership for Workforce Development
Project Scope of Work
For the initial phase of this project Job Train projects to serve at least 100 residents of South San Francisco each year in a rapid response mode focused largely on rapid employment and supportive, and service delivery, expanding to classroom trainings as funding is available. We anticipate launching initial rapid employment and supportive services July 1, 2021. Performance metrics will include: enrollment in job readiness services and rapid employment services; enrollments in other trainings; completion of trainings; job placement; average wages and employer engagement.
Services Provided to Residents
Because the full-scope workforce development strategy is yet to be developed, in parallel with the launching of the rapid response services in phase one, Job Train will take the lead in forming a strategy team with South San Francisco to identify key stakeholders, analyze community need, understand employment needs and trends, and develop a comprehensive, multi-year workforce development strategy for South San Francisco. We currently anticipate completing this strategy by the end of September 2021.
Job Train will seek partners to deliver services outside of our expertise. However, because Job Train currently operates a broad and deep array of services, we anticipate that the most urgent needs can be met utilizing our existing expertise. Following is a description of the primary services and programs currently being delivered by Job Train:
• Occupational/Work Readiness Assessments: JobTrain's assessment establishes a threshold for essential skills and personal readiness for clients ready to move into competitive employment. The assessments discover how clients would react in a given scenario, what they think is the most appropriate response to a particular set of circumstances, and their own on-the-job ethics and priorities. This assessment is a part of the clients Individual Service Plan (ISP). However, this assessment may not be needed for clients who have had a solid employment history and are just looking to find a better job.
• Career Coaching: Our career coach/advisors work with clients to understand their career aspirations and advises them on the education and experience needed to attain that career. If one of our clients does not know what career they are interested in, the advisor may give the person a career interest test or career aptitude test to help with the discovery process. • Work Readiness Workshops/Activities (group and 1:1): Our workplace readiness traits describe a number of commonly expected skills that employers seek from most employees. Work readiness skills are a set of skills and behaviors that are necessary for any job. These activities and workshops help our clients learn how to interact with supervisors and co-workers. They help reinforce the importance of timeliness and build an understanding of how our clients are perceived by others. Employers value employees who can communicate effectively and act professionally.
No matter what technical skills a job may require, every job requires good social skills/interpersonal skills.
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• Job Development Job Train Career Developers help students gain job skills during and after training, including providing resume assistance, mock interview skills and essential skills (soft skills) trainings. Career Developers also follow-up with graduates after graduation, to provide additional supports and guidance of career advancement. • Job Placement: Job Train Career Developers help individuals find a career path that has opportunity for advancement. For graduates of our full�time Career Trainings, clients are placed in jobs in Healthcare, Culinary Arts, IT Support, and the Building Trades. In FY20, 800/o of graduates were placed in a job with an average wage of almost $22 per hour. For clients who need rapid employment, Job Train staff connect provide individuals with job readiness services and place in employment matched to their skills.
• Career Training: Job Train full-time (11 weeks) Career Trainings are: Building Maintenance; Certified Nursing Assistant; Culinary Arts; IT Service & Support Training; Medical Assistant; and Project Build: Carpenters Pre-Apprenticeship. Essential Skills are embedded in Career Trainings, on topics such as goal setting, conflict resolution, and how to work in teams. Until we identify specific career training programs for South San Francisco, Job Train will provide access to these programs in Menlo Park.
• Skills assessment, evaluation, and support in upgrading basic job skills: Every new client is provided an orientation to the programs and services we offer at our career centers. The orientation is the beginning of our Employment Service Plan (ISP). During this engagement, we are assessing the client's employment and/or training preference, education or skills gaps, selfefficacy, and other barriers they have that could prevent them from achieving their goals. We use the CASAS and Wonder1ick tests to inform us of the client's current education levels in reading and numeracy. We offer skills upgrade classes {reading and math tutoring, GED or High School Equivalency) to improve their skills to make them more marketable to employers. The ISP allows for transparency and a roadmap to what is agreed to by the client and their case manager and strategies on which to proceed.
• Orientation and Case Management access to Career EDGE: Case managers orientation to our programs and services includes information to our online platform of services. Clients are given a tutorial on the classes and workshops that are conducted by Job Train staff-workshops e.g., interview preparation, zoom online interviewing etiquette, how to respond to difficult questions (incarceration, gaps in employment history). We provide access to Career EDGE-our online workforce development platform that allow clients to access the platform from their PC, laptop, iPad or cellphone. On Career EDGE, case managers as a part of the client's orientation/ISP development can assign modules to get their clients work ready. Modules include: interview simulator, resume simulator, job search strategies, a personal portal to store badges, resumes and cover letters and the ability for employers to search resumes for candidates, and schedule virtual interviews-all done on the online platform.
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Program Design and Maintenance/Improvements
• Market research and identification of employer needs: We have several tools we use to inform ourselves on market demands for workers and what employers need in terms of skills and competencies to fill their open positions. Technology is key to the work that we do in this space.
We have a very strong relationship with Linkedln and monthly we receive employment market data/research that keeps us abreast on the industries trending-we use this information to determine what career training programs to launch. We have a license for Workforce EMSI, a workforce development application that gives us labor market information that drills down to the county, city, job titles and skills in demand in real time. We also do our own intelligence to identify and engage employers to inform them about our programs and services and the talent we have or can train to fill their open positions. We assemble sector business round tables to inform us about trends in their industry and how we can partner to be a pipeline to fill open positions. We want to be the "go to" program to which companies first reach out when they need quality skilled candidates to fill their open positions.
• Employer Panels: Job Train has Technical Advisory Committee's (TAC) that are a part of our employer engagement strategy. The TAC advises us on trends in industries, current and future skill required in their sectors, and employers who hire our clients or have the capacity to hire our clients.
These employers from large and small business help and inform our program components and guide our implementation and growth. From these groups we: engage with employers who offer real-time perspective on employment trends, challenges and opportunities; build relationships with their companies so that we can increase hiring from our client pool; create a dialog with business/employer partners that may provide us with an opportunity to influence their hiring decisions such as working with us on solutions for employing our undocumented clients; better understand their hiring needs and open the possibility of Job Train creating custom rapidemployment training programs- providing this service to the employer and enhancing job opportunities for our clients; and, build partnerships with employers which allows us to focus on developing job opportunities as well as helping clients to advance in their companies. Our rapid employment mantra is: Get a Job, Get a Better Job, Get a Career. • Securing Funding: Job Train will take the lead in researching, evaluating and coordinating applications for ongoing sources of funding for this program. While this will be an on-going activity, Job Train has identified several sources of potential funding to begin the search for sustainability funding. These sources include Employment Training Panel (ETP), Cal Fresh Employment and Training (CFET), and tuition reimbursement through WDB/ETPL sources, among others. 3 I Docu�gn Envel?
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Summary of Project Timeline • 3 Phases
The project timeline (Figure 1) is aggressive due to the current economic climate and our collective sense of urgency. Phase I (Rapid Response) will be implemented no later than July 1, and sooner if possible.
Phase II {Strategy Development) is projected to require three months of stakeholder listening, partner collaboration and strategy development. The goal is to complete strategy development by September 30th, but we will allow more time if we conclude that we need more time to develop a comprehensive, well supported strategy. Finally, Phase Ill, the implementation of the plan developed through the strategy development phase, will occur shortly after plan approval.
Addressing COVID Realities
Since the COVID19 Shelter-In-Place restrictions were implemented on March 11, 2020, Job Train has converted all program delivery to virtual formats and implemented a series of technological tools to steadily improve our ability to operate in a virtual setting. As these SIP protocols lessen and eventually lift, Job Train will respond with increasing access to our traditional in-person approach with improvements that have been learned and implemented successfully over the last year. If necessary, we will implement the South San Francisco Rapid Response programs virtually, but our intention is to deliver them in-person, in South San Francisco as soon as possible.
Outcomes and Deliverables
Project outcomes and deliverables ( see Figure 2} is based only on the rapid response phase of the project.
Project deliverables are tied to the project plan and program outcomes are for the first year of the rapid response services.
Project Budget
The project budget (see Exhibit B) assumes a long-term partnership, which necessitates the hiring of a regional director to oversee au activities across all phases of the Partnership for Workforce Development.
In addition, two employment specialists will be hired to perform the projected capacity of at least 100 clients per year, delivering customized one on one employment counselling and job placement services. With the addition of JobTrain's online career portal, Career Edge, we anticipate the possibility of enrolling more clients who are comfortable with low-touch engagement while they focus on online training and resources.
The budget does not include $50,000 in leveraged value (cost covered by JobTrain's existing programs) for career training for up to 10 South San Francisco clients at JobTrain's Menlo Park headquarters in any of our six career pathway training programs. Current training pathways include: Medical Assistant, Certified Nursing Assistant, Information Technology, Project Build, Building Maintenance, and Culinary Arts.
Primary Contact
The primary point of contact for this project will be JobTrain's Chief Strategy Officer, Art Taylor, until the Program Director is hired. Art has overseen a similar program launch in San Jose over the last 18 months, bringing a wealth of relevant hands-on experience. Art's bio follows.
Art Taylor, Chief Strategy Officer
Art has 30 years of experience in program design and development, strategy, and planning across multiple sectors. He oversees geographic and program expansion and new strategic initiatives and was instrumental in opening JobTrain's Career Centers in East Palo Alto and Santa Clara County {in San Jose).
Prior to Job Train, Art worked with the San Francisco Public Utilities Commission, where he designed and authored Community Benefits Catalyst Policies and Programs in: Youth Public Sector Internships, Adult 4 c Docu�ign Enve�
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Workforce Development (water, wastewater, construction trades), STEM Education and Small Business Contractor's Assistance.
Art led JobTrain's expansion into East Palo Alto and San Jose. He identified and secured facilities to provide rapid employment activities, education and training programs and services. In planning for expansion, Art identified and engaged community-based organizations, existing workforce development organizations, workforce boards {NOVA and Work to Future}, education institutions, city officials and other community stakeholders to guide program planning, marketing, and outreach to constituents. For each expansion effort, a standing committee of community members were assembled to provide Job Train with real time community program and service needs. Art holds a Bachelor of Psychology from the University of Texas at Austin; a Bachelor's in Urban Studies and Planning, and a Master's in Public Administration and Public Policy credentials both awarded from San Francisco State University. 5 c Docu�ign Enve�
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Figure 1.
4/7/2021 So. San Francisco Workforce Development Project Plan Activity Oescri ption
Phase I - Rapid Response (3 months!
Hire and On-Board Staff
Regional Director (1)
Join the Rapid Employment Task Force
Employment Specialist (2)
Prepare for Launch of Rapid llesponse Phase
•dentify Services and �,ograms tor Rapid Response
Process oocumentatien
Career Edge Configuration and Implementation
Website Developmem
Salesforce Integration for SSF
D,nhboards
Reports
Impact Team Alignment/involvement
Outreach Planning
Identify Local Partnen
communications Strategy Development
Language Translations
Billing Process Development
Outcome Measull!s and RepoITing Development
Launch Rapid Response Program
Host a Launch Event
Phase 11 • SSf strategy Development (3 - Ii months)
Form Stratsgy Team
Develop a strategy timelme
Meet with key stakeholders (Li5tening Se;sions, Surveys, Interviews) Community M@mbers
Business Community
City officials
Local Service Providers
EducatiOn tnstitutlons
Government Agencies (NOVA, EDD ... )
Research Regional and Local Employment Trends (EMSI)
Jobs
Employers
Skills
Prepare Report to SSF "Strategy Team• ba,e d on fir1din gs Develop Workforce Strategy
Agree on required services and programs
Phased tim ellne
Agree on measurable outcomes. goals and ol:ijectives
Identify staffing requirements
Id entity key partnQ rs and allian ,es
Structured M.O.U.s where approprta,e
tdenttfy physical location for on-site services
Research Funding OppormnitiP�
Scope potential for sustainability
Oraf: Strategy Proposal
Communication plan to seek stakeholder feedback
Refine and revise plan with stakeholder feedback
J:inali2e Strategy with Stakeholder Support
Phase Ill- Full scale phased implementation
lmplemen;:strategy
April May June July Aug Sept Oct Nov Dec
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Figure 2.
4/6/Um So. San Fr.incisco Wor-kforce Development Project Plan Deliverables and Outcomes
JobTra.'n
Ddiverab!M
Systems Integration
Website Ocvclopment
Leam1"i Aeenda Development
0Jtre11eWMarl<etme Plan
Launch Rapid Response
listening �.on Summ atV
Oevelop Mult�Year Worlcforce and Econom:c: Oeveiopment Strat•BY artcomes -Rapid RC$1)(1nse Onl,
# Employer Partner Oevl'lc1>ment
Formal partner• ngagemtnt (t�rs)
Hinng Activit'/
Partne:r meet�np: and events
;, incoming Cfient Referrals/inquiries
# Enrolled Oients
# oi Servas O�illered(overall and per client)
# of Support· ,e Servi<:• Refe rra!s
Cle nt � mograph ics
# JobPl1>eem<nts
Plitcemcnt hformat,on (omp1oyer, I>!,>, w;iees, etc)
3 and 6 month retention follow � ISlld report
Due Notes/Dftaa
6/0CJ/202l tmp�ment Salestorce, c-er Edge and others as requred 6/'c£J/W2l Estabish a welt pago represent1ng South S&n Franci5Co services 6/Y>/'1.021 Identify primary res..arch QUestS1ns lor ongoing analyslsand rep«tini 5/30/"JiJ21 OellrerccmprehenSM! client ""d partner outreach p!en 7/1/2021 Start-up ofproirams by Jut( l. 2021
8/15/2021 Report on them,es and su�st ens from Hste nme se,:sions and intorviews 9/30/2021 Complete and p�sent by September 30, 2021 (i/ poss;l,le, moy talce tong� i ire41ency Vear 1 l>rojerted Ou"""- Nolle
Quarterf(
Quarterv
Quarter\'
Monthly
Month1·
Monthly
Monthly
Quartery
Monthti
Monthly
Quartori,,
7 15 Thrtt engagement ters
Teo •er information, targctsTBO
TSO For inform atlon, targets 711D
200 Cliflnts W!tl� to ensure aignment
100 Formally enn,/-,d cients
300 For formally enrolli!d clients
Asnttded
For information
6C A!:SUmini60'�pracement
For inform atjOn
75% Retention m..,. Include mutiplo jobs
D DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 ----·a·· -···---... -·-· -- .. ---- . --- ·-· ·- - ·-- ------- ·-· -· Start-Up
Personnel
Ooerational Costs
Marketing
EXHIBITS
Partnership for Workforce Development
Project Budget
Budget Detail
$81,108 Systems Integration, Website Development,
Career Edge Implementation, LeaminQ Agenda
$3,750
$5,800 Collateral, Publications, Social Media, Partner
Outreach
Subtotal $90,658
Rapid Response Proaram Oas
Personnel $270,900 Direct staff: Program Director, Employment Specialists
Operational Costs $10,750 Direct Staff Computers and Office Suoolies Client Suooorts $12,500 Direct suooorts for clients (e.g. travel vouchers) Subtotal $294,150
Strategy Development
Personnel $16,609 Art Taylor
Supplies $2,500 Meeting logistics, tools and supplies
Subtotal $19,109
TOTAL $403,916
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Start-Up
Personnel (Program Support)
Operational Costs
Marketing
Supplies
Subtotal
Rapid Response Program Ops
Personnel
Operational Costs
Client Supports
Subtotal
Client Supports
TOTAL
EXHIBITS
Partnership for Workforce
Development Project Budget
City of South San Francisco
April 2022 - April 2023
Budget Detail
$74,333 (1) New Reception
$3,750
$5,800 Collateral, Publications, Social Media, Partner
Outreach
$2,667
$86,550
$359,400 Direct staff: Program Director, Employment
Specialists
$10,750 Direct Staff Technology and Office Supplies
$15,000 Direct supports for clients (e.g. travel vouchers, training tuition, certification)
$382,650
$65,284
$469,200 South San Francisco Contribution
7 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
EXHIBIT B
First Amendment to the Contract
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND JOBTRAIN
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is made at South San Francisco, California, as of April 14, 2022 by and between THE CITY OF SOUTH SAN FRANCISCO ("City"), and Job Train ("Contractor"), (sometimes referred together as the "Parties") who agree as follows:
RECITALS
A. On April 14, 2021, City and Contractor entered that certain Professional Services Agreement ("Agreement") whereby Contractor agreed to provide workforce development support services in South San Francisco. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 1: Term. The term of the First Amendment shall expire on April 14, 2023.
3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $873,116, for services provided between April 14, 2021 and April 14, 2023, with the understanding that up to $403,916 has already been paid to the contractor.
Contractor agrees this is the City's total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
4. Scope of Services. The Scope of services is amended and attached as Exhibit B to this Amendment, referenced as the Second Year of Services.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Dated�ctober 7, 2022 I 12: 27: 17 PM PDT
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
DocuSigned by:
vt 1:a�lnr
E87EEC84CCC847E ...
City Manager
Approved as to Form:
October 7, 2022 I 2:25:36 PM PDT
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Start-Up
Personnel (Program Support)
Operational Costs
Marketing
Supplies
Subtotal
Rapid Response Program Ops
Personnel
Operational Costs
Client Supports
Subtotal
Client Supports
TOTAL
EXHIBITS
Partnership for Workforce
Development Project Budget
City of South San Francisco
April 2022 - April 2023
Budget Detail
$74,333 {1) New Reception
$3,750
$5,800 Collateral, Publications, Social Media, Partner
Outreach
$2,667
$86,550
$359,400 Direct staff: Program Director, Employment
Specialists
$10,750 Direct Staff Technology and Office Supplies
$15,000 Direct supports for clients (e.g. travel vouchers, training tuition, certification)
$382,650
$65,284
$469,200 South San Francisco Contribution
7 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Ernesto Lucero
City of South San Francisco
400 Grand Ave
South San Francisco, CA 94080
From: JobTrain
Contact: Barrie Hathaway
Jo�N
Email: [email protected]
Exhibit C
RE: Economic Advancement Center - Partnership for Workforce Development Dear Ernesto:
Job Train is pleased to continue our work into the second year of our partnership with the City of South San Francisco. This year it is our plan to widen and deepen the rapid employment services, career training, and supportive services provided from the Economic Advancement Center. Our first year brought wonderful results, which are still improving each day, including reaching 85% of our enrollment goal, 50% of our rapid employment goals and providing over 200 services in just the first¾ of our first year.
We have also learned several facts through our research that will drive and guide our scope of work for FY23.
• Educational attainment is lower in South City compared to the greater San Mateo County. High school diploma attainment rate has decreased in recent years. • Jobs in Manufacturing, Wholesale Trade, Transportation and Warehousing, and Professional, Scientific, and Technical Services make up a significantly larger proportion of the city's industry mix compared to the rest of San Mateo County and the national average. • 41 percent of the city's residents work in occupations that are typically associated with lower wages (administrative support, production, transportation, and nonprofessional service occupations such as personal services, building and grounds cleaning and maintenance, and protective services)
This scope of work aligns with the implementation of the long-term workforce development strategy we developed through input from the community, employers, and the city's project team. JobTrain's goal is to set the course for a long-standing partnership that will reduce unemployment and increase the economic well-being of South San Francisco residents.
Barrie Hathaway, CEO
1 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
EXHIBIT A
Partnership for Workforce Development
Project Scope of Work
JobTrain officially started seeing clients July 1. The first 2 ½ months were spend identifying a temporary location to provide programs and services and hiring our South San Francisco team. To date, Job Train has served 87 South San Francisco residents in a rapid response mode focused largely on rapid employment and supportive services, job placement, provided access to JobTrain's programs, services and career training through our Menlo Park location. We have to date, conducted 3 cohorts of Transportation, Distribution and Logistics pre-apprenticeship training at our South San Francisco office located in the Economic Advancement Center at 366 Grand Avenue.
Workforce Development Strategy (Implementation)
Working with South San Francisco's Economic and Community Development Department (ECDD), Job Train began developing workforce strategies and priorities for training and preparing unemployed and underemployed residents for employment during the economic recovery from COVID19. This strategy aligns workforce and training programs and services with the workforce needs now and in the future. In crafting this strategy, Job Train engaged in several local stakeholder meetings, discussions with business leaders, reviewed prior economic development and other planning documents, conducted indepth economic and trend analysis, and demographic profile of the city. Trend analysis and budgetary data analyses informed the development of a strength, weakness, opportunity, and threat (SWOT) analysis conducted with the city's ECDD. This workforce development strategy is meant to be flexible and adjustable based on feedback from the community and outcome attainment. In December 2021, a draft of the strategy was submitted to the city. The 3-year strategy will be revisited and adjusted on a semi-annual basis during this three-year period. As new workforce data, trends, emerging industries, and employer skills need change, so too will the workforce development strategy.
Our performance metrics will include enrollment in job readiness services and rapid employment services, enrollments in short-term skills upgrade trainings, completion of career pathway trainings, job placement, average wages and employer engagement.
FV22 Program Outcomes
Job Train began delivering remote services July 1,2021 and opened a temporary Career Center location at the Magnolia Senior Center. To date, Job Train has provided 87 clients with rapid employment and job readiness services, skills upgrade workshops, supportive services, job placement and job retention services. Our target goal of residents served in FY22 is 100. Currently, we have assisted and supported 28 residents find employment; and 9 enroll and complete career pathway and skills upgrade training.
The average wage for those who have secured employment is $22.70.
The residents seeking job search and career training services come from various cultural backgrounds and work experiences with a considerable number of individuals facing multiple barriers to employment, including limited English proficiency, not having work authorization in the US, and low levels of educational attainment relative to the workforce needs of growing industries of the area, especially in Healthcare, Biotechnology, and Information industries. Job Train has secured funding to launch its first South San Francisco career pathway training in the Health Care field. Based on national and county-wide data from the healthcare sector, medical assistants are an in-demand occupation needed in small medical offices, hospitals, and clinics. We will launch this career pathway training in late spring or early summer 2022.
2 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Services Provided to South San Francisco Residents
• Skills assessment, evaluation, and support in upgrading basic job skills: Every new client is provided an orientation to the programs and services we offer at our career centers. The orientation is the beginning of our Employment Service Plan (ISP). During this engagement, we are assessing the client's employment and/or training preference, education or skills gaps, selfefficacy, and other barriers they have that could prevent them from achieving their goals. We use the CASAS and Wonderlick tests to inform us of the client's current education levels in reading and numeracy. We offer skills upgrade classes (reading and math tutoring, GED, or High School Equivalency) to improve their skills to make them more marketable to employers. The ISP allows for transparency and a roadmap to what is agreed to by the client and their case manager and strategies on which to proceed.
• Orientation and Case Management access to Career EDGE: Case managers orientation to our programs and services includes information to our on line platform of services. Clients are given a tutorial on the classes and workshops that are conducted by Job Train staff-workshops e.g., interview preparation, zoom online interviewing etiquette, how to respond to difficult questions (incarceration, gaps in employment history). We provide access to Career EDGE-our online workforce development platform that allow clients to access the platform from their PC, laptop, iPad, or cellphone. On Career EDGE, case managers as a part of the client's orientation/ISP development can assign modules to get their clients work ready. Modules include interview simulator, resume simulator, job search strategies, a personal portal to store badges, resumes and cover letters and the ability for employers to search resumes for candidates, and schedule virtual interviews-all done on the online platform.
• Occupational/Work Readiness Assessments: JobTrain's assessment establishes a threshold for essential skills and personal readiness for clients ready to move into competitive employment.
The assessments discover how clients would react in each scenario, what they think is the most appropriate response to a particular set of circumstances, and their own on-the-job ethics and priorities. This assessment is a part of the clients Individual Service Plan (ISP). However, this assessment may not be needed for clients who have had a solid employment history and are just looking to find a better job.
• Career Coaching: Our career coach/advisors work with clients to understand their career aspirations and advises them on the education and experience needed to attain that career. If one of our clients does not know what career they are interested in, the advisor may give the person a career interest test or career aptitude test to help with the discovery process. • Work Readiness Workshops/Activities (group and 1:1): Our workplace readiness traits describe several commonly expected skills that employers seek from most employees. Work readiness skills are a set of skills and behaviors that are necessary for any job. These activities and workshops help our clients learn how to interact with supervisors and co-workers. They help reinforce the importance of timeliness and build an understanding of how our clients are perceived by others. Employers value employees who can communicate effectively and act 3 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 professionally. No matter what technical skills a job may require, every job requires good social skills/interpersonal skills.
• Job Development: Job Train Career Developers help students gain job skills during and after training, including providing resume assistance, mock interview skills and essential skills (soft skills) trainings. Career Developers also follow-up with graduates after graduation, to provide additional supports and guidance of career advancement. • Job Placement: JobTrain Career Developers help individuals find a career path that has opportunity for advancement. For graduates of our full-time Career Trainings, clients are placed in jobs in Healthcare, Culinary Arts, IT Support, and the Building Trades. In FY20, 80% of graduates were placed in a job with an average wage of almost $22 per hour. For clients who need rapid employment, Job Train staff connect provide individuals with job readiness services and place in employment matched to their skills.
• Career Training: Job Train full-time (11 weeks) Career Trainings are: Building Maintenance; Certified Nursing Assistant; Culinary Arts; IT Service & Support Training; Medical Assistant; and Project Build: Carpenters Pre-Apprenticeship. Essential Skills are embedded in Career Trainings, on topics such as goal setting, conflict resolution, and how to work in teams. Until we identify specific career training programs for South San Francisco, Job Train will provide access to these programs in Menlo Park.
Program Design and Maintenance/Improvements
• Employer Panels: Job Train has Technical Advisory Committee's (TAC) that are a part of our employer engagement strategy. The TAC advises us on trends in industries, current and future skill required in their sectors, and employers who hire our clients or have the capacity to hire our clients. These employers from large and small business help and inform our program components and guide our implementation and growth. From these groups we: engage with employers who offer real-time perspective on employment trends, challenges and opportunities; build relationships with their companies so that we can increase hiring from our client pool; create a dialog with business/employer partners that may provide us with an opportunity to influence their hiring decisions such as working with us on solutions for employing our undocumented clients; better understand their hiring needs and open the possibility of Job Train creating custom rapid-employment training programs-- providing this service to the employer and enhancing job opportunities for our clients; and, build partnerships with employers which allows us to focus on developing job opportunities as well as helping clients to advance in their companies. Our rapid employment mantra is: Get a Job, Get a Better Job, Get a Career.
• Securing Funding: Job Train has secured a grant from the California Workforce Development Board with the support of State Senator Josh Becker which will be allocated to our workforce development activities in South San Francisco. We have applied for and received $200,000 in state Workforce Accelerator Grants, and have several grants being process to secure additional 4 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 funds for our work. These sources include Employment Training Panel (ETP), and tuition reimbursement through WDB/ETPL sources, among others.
JobTrain Staff
The primary point of contact for this project will be JobTrain's Regional Director, Julia Horiuchi. Julia has led the operation first at the Magnolia Senior Center and the move into the Economic Advancement Center.
• Barrie Hathaway, JobTrain's President, and CEO leads the strategic direction with the project team--keeping an eye on the big picture of our work in South San Francisco, and how that work can spark a regional workforce development strategy that aligns and complements the workforce efforts in other cities in North San Mateo County. Barrie is a seasoned and passionate leader in the field of economic and workforce development and has built a career advising the field.
• Art Taylor, Chief Strategy Officer, led JobTrain's expansion into South San Francisco. Art directs and guides the team with the community outreach strategy, collects and reviews archive plans and documents, the collection of data, analytics and serves as the chief liaison with the city officials. Art works with our impact and evaluation team as they gather demographics, local and regional workforce and economic trends, projections, and business sector performance data. Art supports the project team, with expertise in program design and development, strategy, and project planning.
• Julia Horiuchi, Regional Director manages the implementation of the business and stakeholder engagement strategy, lead the operation of the new Career Center, and guides any adjustments or shifts in the strategy where needed. With her team of Employment Specialist, Julia will take her experience as a fortune 400 recruiter and together they will work with residents who need skills upgrades, work readiness activities, career training, job search strategies and job placement through our rapid employment model.
• Lisa Kulka, Research, and Impact Manager is an integral part of the project team. Lisa is responsible for the management and coordination of internal and external research. With an eye towards impact, Lisa keeps an eye on the big picture and when the data and research analysis requires a shift in direction, she provides skillful counsel with real-time information which can influence the strategy used and activities performed to provide this workforce development strategy.
• Amanda See, Employment Specialist is responsible for direct program delivery to individuals seeking job readiness coaching and rapid employment resources in Spanish and English. The Career Center benefits from her past work in Human Resources with the City of Redwood City and her experience designing and delivering workforce development programs in King County. • Walter Manuofetoa, Employment Specialist and longest tenured JobTrain employee is responsible for direct program delivery including rapid employment services, job placement and career coaching. Walter's community orientation, being born and raised in north San Mateo County, and his previous work with the Peninsula Conflict Resolution Center make him an asset to the Career Center's operations.
5 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Summary of Activities and Outcomes Projected for FY23
The project activities in year 1 were aggressive due to the current economic climate and our collective sense of urgency. In year 2 you will see our plan to maintain an aggressive approach to this work as identified in the 3-year Workforce Development Strategy we drafted. (The strategy is working its way through the city's Community Economic Development Division for final approval process). With the additional resources we have secured, we will expand our staffing to accommodate the increased number of residents served and the enhanced activities, programs and services offered.
FY 23 Project Budget Summary
The project budget (see Exhibit 8} necessitates the hiring of one a front desk Receptionist and one additional Employment Specialist/Supportive Service staff person to assist with the increased number of residents we project to serve, and to work with residents needing support services with e.g., securing identification, work attire, starter tools, transportation support, test certifications and tuition. In addition, we will offer a healthcare career pathway training (Medical Assistant) for residents which will require that we hire an instructor and a career counselor. The capacity of the Medical Assistant class will be 20 per cohort and, once established, will offer 4 cohorts per year. We will increase our number of clients served by 25 and continue delivering customized one on one employment counselling and job placement services. With the addition of JobTrain's online career portal, Career Edge, we will continue to enroll more clients who are comfortable with low-touch engagement while they focus on online training and resources.
The budget for FY23 assumes the city will maintain its current level of funding at $403,917. Funds totaling $65,284 not used in FY22 due to a delay in finding a temporary location and the hiring of staff will roll over to this scope's budget. We will:
Add new (1) Front Desk Receptionist for the Economic Advancement Center Add new (1) Employment Specialist/Supportive Service Counselor Add new (1) Medical Assistant career pathway training to our service offerings at a cost of $260,000 dollars a year [4 cohorts]. The cost of the training will be covered by funding Job Train received from the California Workforce Development Board. [staff required (1) instructor and (1) career pathway counselor]
Add 3 - 4 cohorts of Transportation, Distribution and Logistics Pre-apprenticeship training-cost covered by Job Train securing $200,000 State Workforce Accelerator Grants.
Add $50,000 in leveraged value (cost covered by JobTrain's existing programs) for career training for up to 10 South San Francisco clients at JobTrain's Menlo Park headquarters in any of our six career pathway training programs. (Current training pathways include Medical Assistant, Certified Nursing Assistant, Information Technology, Carpenter's Pre-apprenticeship, Building Maintenance, and Culinary Arts.) 6 DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
EXHIBIT C
Second Amendment
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759
SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND JOBTRAIN
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is made at South San Francisco, California, as of April 14, 2023 by and between THE CITY OF SOUTH SAN FRANCISCO ("City"), a municipal corporation, and Job Train ("Contractor"), (sometimes referred together as the "Parties") who agree as follows:
RECITALS
A. On April 14, 2021, City and Contractor entered that certain Professional Services Agreement ("Agreement") whereby Contractor agreed to provide workforce development services in South San Francisco. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. On April 14, 2022, City and Contractor entered that certain First Amendment to Agreement ("First Amendment") whereby Contractor agreed to provide workforce development services in South San Francisco. A true and correct copy of the First Amendment and its exhibit is attached as Exhibit B.
C. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 1: Term. The term of the Second Amendment shall now expire on June 30, 2023.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 2C93C2BC-4664-40F0-83A 1-3BA8E7111759 Dated:
May 22, 2023 I 9: 13: 14 PM PDT
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