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Home My WebLink About2007-223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-223 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE CONSULTANT SERVICES AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ERISS CORPORATION, A CALIFORNIA CORPORATION, TO PERFORM A SBETA LABOR MARKET SURVEY AND A SBETA WEB BASED APPLICATIONS I TOOLS AND WORKFORCE REFERENCE SYSTEM PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1: The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City the following Consultant Services Agreements with ERlSS Corporation, a California Corporation: I) Agreement to perform a SBET A Labor Market Survey, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by reference as fully as though set forth at length; and 2) Agreement to provide Web Based Applications I Tools and Workforce Reference System, a copy of which is attached hereto, marked as Exhibit "B", and incorporated herein by reference as fully as though set forth at length. Section 2: These purchases are exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.01O.B.3 of said Code "Purchases approved by the Mayor and Common Council". Section 3: ERlSS Corporation is a consultant having special skill and knowledge in the performance of labor market surveys, and delivery of complete Web Based Applications I Tools and Workforce Reference System, and the City of San Bernardino desires to enter into Consultant Services Agreements with ERlSS Corporation. Section 4: The authorization to execute the above referenced Consultant Services Agreements is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 11/ III III 11/ III 11/ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION OF THE MAYOR'AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE CONSULTANT SERVICES AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ERISS CORPORATION, A CALIFORNIA CORPORATION, TO PERFORM A SBETA LABOR MARKET SURVEY AND A SBETA WEB BASED APPLICATIONS I TOOLS AND WORKFORCE REFERENCE SYSTEM PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regtj.lar meeting thereof, held on the 2nd day of July ,2007, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES x ESTRADA .. x BAXTER x BRINKER DERRY -X...- x KELLEY x JOHNSON x MCCAMMACK 18 19 20 The foregoing resolution is hereby approved this 21 a...J.., J /.;;. e.t A J ~ . Racliel Clark, City Clerk ~ '2> day of Julv ,2007. 22 23 Approved as to form: 24 25 26 27 ~~~~ Patri k \ Morri~ Mayor 'li:itv...of San Bernardino JAMES F. PENMAN, City Attorney By:-L~~ f. r~ 28 {I , 2007-223 CONSULTANT SERVICES AGREEMENT SBETA LABOR MARKET SURVEY THIS AGREEMENT is made and entered into this..i...-e day of --I.. ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter cit ERISS Corporation, a California corporation ("CONSULTANT"). , 2007 ("City"), and WITNESSETH: A. WHEREAS, CITY proposes to have CONSULT ANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULT ANT desire to contract for Labor Market Survey as described in the Scope of Services, attached hereto as Exhibit "A"; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Proposal and this Professional Services Agreement (hereinafter" Agreement"), the terms of the Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULT ANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULT ANT further represents that no CITY employee will provide any services under this Agreement. 1.3. Warrantv. CONSULT ANT warrants that it shall perform the services required by this F:\CALKINSlAgreementsIERlSS-Labor Snrvey.Agreement. wpd 1 Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULT ANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Deleeation and Assienment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULT ANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Comoensation. Except as provided herein, CONSULT ANT shall be paid a maximum of $25,000 in accordance with that paragraph entitled "Cost for Services," as set forth in Exhibit" A." F:\CALKINSlAgreemenrsIERISS-Labor Survey.Agreement. wpd 2 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in the Proposal unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method ofBillim!. CONSULT ANT may submit invoices to CITY for approval. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TERM AND NOTIFICATION. 3.1. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A," with two options for the services set forth in said Exhibit, unless the Agreement is previously terminated as provided for herein. 3.2 Termination. CITY or CONSULT ANT may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULT ANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULT ANT in its performance of this Agreement including, but not limited to, finished or unfinished background investigations, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE 4.1. Minimum Scone and Limits of Insurance . CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, F:\CALKlNSlAgreementsIERISS-Labor Snrvey.Agreement. wpd 3 1- products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limitinl!. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULT ANT may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Al!feement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. F:\CALKINSlAgreementsIERISS-Labor Survey.Agreement.wpd 4 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Barbara Nyegaard, President ERISS Corporation 16644 West Bernardo Drive, Suite 100 San Diego, CA 92127 Telephone: (866) 491-3747 ext. 202 CITY MANAGER City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Fax: (909) 384-5138 5.3. Attornevs' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage F:\CALKlNSlAgreementsIERISS-Labor Survey.Agreement.wpd 5 to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULT ANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULT ANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULT ANT nor is officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULT ANT and its officers', agents' and employees' work forthe CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5.8 Conflict of Interest Disclosure: CONSULTANT or its employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. ResDonsibilitv for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. ProhibitedEmDlovment. CONSULT ANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement lII.ld in the performance of its obligations hereunder except as expressly provided herein. F:\CALKlNSlAgreementsIERISS-Labor Snrvey.Agreement.wpd 6 5.12. No Third Partv Beneficiary Ril!hts. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13. Headinl!s Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by all of the parties hereto or theirrespective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. Counteroarts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 1/1 11/ 1/1 1/1 11/ 1/1 1/1 F:\CALKINSlAgreemenIsIERISS-Labor Survey.Agreement.wpd 7 5.18. Coroorate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A municipal corp ration CONSULTANT aJ€ !3o..rbo..l'6-. tJYE-j'..o..rJ) ao Name and Title ATTEST: ~~ /~.~ Rachel G. Clark, City Clerk APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney F:\CALKINSlAgreementsIERISS-Labor Survey. Agreement. wpd 8 r---. Scope of Services Labor Market Survey 1. The Employer Base and Area: Using our Computer Aided Telephone Interviewing (CATI) system, ERISS will conduct a survey of approximately 2,000 employers with 5 or more employees within the City of San Bernardino and outlying areas (Colton, Fontana, Grand Terrace, Highland, Ontario and Rlalto). A list of the zip codes is enclosed as Appendix A. 2. Proposed Project Timellne: ERISS is the only vendor that guarantees a 12-16 week delivery for conducting a job market survey of the 2,000 employers with five or more employees. We also guarantee and show proof that our cost per response is at least one half the cost of any other vendor can guarantee. ACTION Pre Survey Activities (Includes Pre Surve Marketin & uestionnaire Desi n Begin Survey Operations (Survey Ca lis/Data Collection) Project completion and delivery nMEUNE From the date the project Is awarded throu h the first da of surve calls Calls will be completed in 30 Business Da s 12 - 13 weeks from the first day of Surve calls 3. The Employer Database: ERISS will provide a commercially available database of local employers based on the specific number of employees' size categories for the City of San Bernardino Region. ERISS conducts a quality assurance review Including an examination of employer records for correct Standard Industrial Classification SIC, company name, size and other relevant data points. This database integrates with our current survey programming processes and the employers are targeted based on their SIC, Size and O*Net Occupational code. ERISS will attempt telephone contact with all valid employers in the database. ERISS only verifies and corrects information of responding employers. The Web Application contains a feature that allows users of the system (employers, workforce professionals, staff, etc.) to submit updates / changes to information contained in the employer record such as .the name of the company, the primary contact at the company and their title, address, fax number, size and industry of the company. This Is an excellent way of maintaining the database as current as possible once the survey is complete and the products have been delivered. 4. The Survey Questionnaire: ERISS has developed a survey instrument for your review based upon our standard job market survey questionnaire. The questionnaire is enclosed as Appendix B. Up to eight custom non-occupational specific questions may be included. During the Pre-Survey Activities phase of the project, ERISS will work with you on developing a customized set of questions that will enable you focus on your specific local needs. 5. Fax Alert: ERISS has developed a Fax Alert for your review. The Fax Alert will be sent to all employers with a fax number at the beginning of the Survey and throughout the survey period when requested by employers. The one page Fax Alert explains who, what, when, how long, as well as the benefits of the survey to the employer. The Fax Alert is enclosed as Appendix C. 6. Pre-Survey Marketing: ERISS has developed the following Pre-Survey Marketing Plan based on our previous projects. ERISS will work with you on preparing and disseminating the marketing materials such as Press Releases and the Fax Alert as well as a letter from the Mayor to the local businesses informing about the importance of the project and their participation. We will do everything we can to inform the community about the project prior to and during the Survey calls. The better the marketing the better the calls will be received by the employers. Limited only to our efforts, time and resources available some examples of Pre-Survey Marketing efforts conducted in the past are: Q A "Fax Alert" document will be faxed at the beginning and during the survey to each survey. Q A "thank you" email scripted to highlight the benefits of the new web application. Q An Employer Information Web Site containing the Alert Document, the Survey Questionnaire, the Purpose and Benefits of participating, a Press Release and any other marketing material supplied by you. 7. Description of the Survey Interview Process: Using our Computer Aided Telephone Interviewing CAT! system, ERISS will attempt to contact every employer within the database during the 6 weeks of live calls and continues calling until it reaches a representative response level. All interviews are conducted in a combination of two phases: Q Phase 1: All employers are contacted in random order until an attempt has been made to contact every employer in the database. Q Phase 2: In this follow-up phase, all employers with a busy signal, no answer or callback statuses are re-contacted. Occupational displays and selections are favored towards those occupational "buckets" that still have not been filled. The orogram is designE'rl to continually seek data where needed. 8. Description of Post-Survey Processing of Data and Web Application Building: The ERISS statistical staff will conduct an analysis of the aggregate data for correctness, to include a salary outlier analysis and validation process. The following is a detailed description of the process. Upon completion of statistical analysis, ERISS will build the aggregate data into a suite of interactive, web applications known as USWorks. With all data complete and cross-referenced, data tables are up-scaled to a Microsoft SQL server. We then gather all local contact information, and URL links, sub- regional area designations and naming conventions, etc. and program it into USWorks. A private-labeled interface Is then designed and Integrated to showcase the sponsor (or sponsors) identity. Finally the Web site is activated. 9. Expected Response Rate: Using our methodology, ERISS reaches "representativeness" between 20- 30% response rate of the targeted employers. Costs for Services WPS Business Outreach Survey $25,000 Payment Terms 1. One half of the survey fees and 100% of the web application fees due upon signed contract receipt. 2. The balance of the fees are due upon completion of the final survey and receipt of invoice by the City of San Bernardino ETA. Appendix A -Survey Region Survey Region Zip Codes IZip Code ICltv 92324 Colton, CA 92334 Fontana, CA 92335 Fontana, CA 92336 Fontana, CA 92337 Fontana, CA 92313 Grand Terrace, CA 92346 Highland, CA 91758 Ontario, CA 91761 Ontario, CA 91762 Ontario, CA 91764 Ontario, CA 92376 Rialto, CA 92377 Rialto, CA 92401 San Bernardino, CA 92402 San Bernardino, CA 92403 San Bernardino, CA 92404 San Bernardino, CA 92405 San Bernardino, CA 92406 San Bernardino, CA 92407 San Bernardino, CA 92408 . San Bernardino, CA 92410 San.Bernardino, CA 92411 San Bernardino, CA 92412 San Bernardino, CA 92413 San Bernardino, CA 92414 San Bernardino, CA 92415 San Bernardino, CA 92418 San Bernardino, CA 92423 San Bernardino, CA 92424 San Bernardino, CA 92427 San Bernardino, CA .' Appendix B - Sample Survey Questions Proposed Labor Market Survey Questions Contact Verification 1. Currently, how many employees do you have at this location? 2. How many do you expect to have at this time next year? 3. May I have your name? 4. May I have your title? 5. May I have your fax number? (if we don't have it already) 6. May I have your email address? (Fallback: "So we may have our staff contact you regarding services provided by the City of San Bernardino Employment and Training Agency") Staffing Questions (The following questions will be asked for each occupation in the staffing pattern) 7. How many <insert occupation> do you have now? 8. How many do you expect to have in 90 days? 9. How many will you need to hire in the next 90 days? 10. How many do you expect to have in the next six months? 11. Are you having difficulty finding qualified applicants for this position? Non-QccuDatlon SDeclflc Questions - 12.1n the next 12 months, does your company anticipate.... . Expanding/Hiring (Triggers Question #13) . DO'NI1,;i;'.ifl9 (Triggers Qu:,:,stiml :f.tl.:t) . Relocating outside of the county , Clc'Sing (rr!:]:;!::!rs Q1i'~3tkn #:1.4) . None/No change . Don't know B.If Expanding/Hiring, "You previously indicated that you anticipate Expanding/Hiring. Would you be interested in listing your job orders at no charge with the Employment and Training Agency?" (FALLBACK: "As a thank you for participating, you will be provided with a free personalized Human Resources website at the conclusion of this survey, where you can post your job orders for free with the City of San Bernardino ETA") . Yes . No . Don't know . Already post with the Employment and Training Agency 14.11" D;n;:},31;;:ing fJI CI'Jsi;ig, "The City of San Bernardino Employment and Training Agency provides free services to employers who are laying off workers, as well as the workers being laid off. Would you be interested in the ETA providing employment transition services for workers you will be laying off?" . Yf:!i . No . Don't know a. If "YES", "When would be the right time to contact you?" . 30 days . 60 days . 90 days . Other (allow text input) 1S.Have you worked with the City of San Bernardino ETA in the past? . Yes . No . Don't know a. If "YES", "Were you satisfied with the services provided?" . Yes . No 16.0f the following, which would you consider to be the most common defiCiency among recent job applicants or new hires? . Reading and Writing Skills . Basic Work Habits . Technical Skills . Management Skills . Communication Skills . Customer Service Skills . Basic Computer Skills . None . Don't Know 17.As a public service, the Employment and Training Agency assists local employers with employment related issues. Which of the following services would you be interested in? . Local salary and supply/demand information . Help with screening and hiring . Information on Tax Incentives for hiring . Employment skills assessment . Training for existing employees . Custom training programs . Other . None . Don't Know r .' 18. Would you be interested in providing paid short-term work experience for youths ages 16-21? . Yes . No . Don't know 19.Would you be Interested in participating in an Employment and Training Agency sponsored focus group with your industry peers? . Yes . No . Don't know I . . Appendix C - Proposed Fax Alert 5th Annual Major Labor Market Study for City of San Bernardino Area Help Us Help You When We Call The City of San Bernardino Employment and Training Agency is coordinating its 5th Annual Labor Market study of local businesses in the City of San Bernardino and surrounding cities. The survey will begin approximately (DATE) and will provide you and your business with free access to comprehensive Job Market / Labor Market information through your own personalized online Human Resources Web Page. The results of the study will provide you with: Local wage data for the occupations most important to you Local occupation data on positions of interest to you Local, regional and statewide training programs to enhance the skills of your employees and much more One-Click Job Orders connecting you to qualified applicants A wealth of local tools and information connecting you to the services proVided by the City of San Bernardino Employment and Training Agency, all FREE OF CHARGE. Our research team will be contacting your business by telephone to collect information on speCific occupations within your company. The phone call should not take more than ~ 7 minutes. Please invest a few minutes of your valuable time to help us create an invaluable tool for you and the other businesses in the City of San Bernardino. For more information on this important project visit: www.usworks.com/sbeta If you have any questions about this project you may contact Jake Spoor of the City of San Bernardino Employment and Training Agency at (909) 888-7881, or George Martinez of ERISS Corporation at (866) 491-3747, ext. 212, CustomerCare@eriss.com Thank you for your time and cooperation < 2007-223 CONSULTANT SERVICES AGREEMENT SBETA WEB BASED APPLICATIONSrrOOLS AND WORKFORCE REFERENCE SYSTEM THIS AGREEMENT is made and entered into thi~day of ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter cit ERISS Corporation, a California corporation ("CONSULTANT"). , 2007 ("City"), and WITNESSETH: A. WHEREAS, CITY proposes to have CONSULT ANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for Web Based Applicationsffools and Workforce Reference System as described in the Scope of Services, attached hereto as Exhibit "A"; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULT ANT shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Proposal and this Professional Services Agreement (hereinafter" Agreement"), the terms of the Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULT ANT further represents that no CITY employee will provide any services under this Agreement. F:\CALKlNSlAgreementsIERISS-Web Based App.Agr.wpd 1 1.3. Warrantv. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULT ANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive A!!l'eement. CONSULT ANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULT ANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid a maximum F:\CALKlNSlAgreementsIERISS-Web Based App.Agr.wpd 2 of $60,500.00 in accordance with that paragraph entitled "Cost for Services," as set forth in Exhibit "A." 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in the Proposal unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Bill in!!. CONSULTANT may submit invoices to CITY for approval. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULT ANT's invoice within forty-five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TERM AND NOTIFICATION. 3.1. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A," with two single-year options for the services set forth in said Exhibit, unless the Agreement is previously terminated as provided for herein. 3.2 Termination. CITY or CONSULTANT may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULT ANT in its performance of this Agreement including, but not limited to, finished or unfinished background investigations, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULT ANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE 4.1. Minimum ScoDe and Limits of Insurance . CONSULT ANT shall obtain and maintain F:\CALKlNSlAgreemenlSIERlSS- Web Based App.Agr. wpd 3 during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULT ANT may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any F:\CALKINSlAgreementsIERISS-Web Based App.Agr.wpd 4 inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Barbara Nyegaard, President ERISS Corporation 16644 West Bernardo Drive, Suite 100 San Diego, CA 92127 Telephone: (866) 491-3747 ext. 202 CITY MANAGER City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Fax: (909) 384-5138 5.3. Attornevs' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULT ANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULT ANT shall protect, defend, F:\CALKlNSlAgreementsIERISS-Web Based App.Agr.wpd 5 indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Indeoendent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT nor is officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5.8 Conflict of Interest Disclosure: CONSULTANT or its employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. Resoonsibilitv for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Emolovrnent. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and F:\CALKlNSlAgreementsIERISS-Web Based App.Agr.wpd 6 negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Partv Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULT ANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning orinterpretation of this Agreement. 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. CounteI:parts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. III III III III III EICALKINSlAgreementsIERISS-Web Based App.Agr.wpd 7 5.18. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A municipal corporation &OOw;1!A- CONSULTANT ~ &"rwc..AJv€Ja......,rd) CEO Name and Ti{le ATIEST: R~~Cit~ie~ APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney t~ }~~_..~ F:\CALKlNSlAgreementsIERISS- Web Based App.Agr. wpd 8 Scope of Services Web Based Applications and Tools Delivery of the complete USWorks Web Solution Suite includes: . The ERISS Job Market Survey covering approximately 2,000 of your local employers with 5 or more employees . USWorks Job Seekers™ - two web-based self-service career systems that incorporate real-time job market and openings information. ERISS is currently the only company in the U.S, that can deliver real-time market information no older than four weeks old at any time . USWorks Business Online™ - a password-protected, personalized web site for employers in your area, providing them instant information all in one place and featuring ERISS's unique one-click "magnets" to your one stop centers and self-service candidates. . USWorks Business Services Manager (BSM) - The USWorks Business Services Manager™ (BSM) is a Business Contact & Relations Management System designed specifically for workforce organizations and is the foundation of an exceptional Business Service Model. The Workforce Performance System (WPS™) The ERISS Business Outreach Surveys are conducted in a rapid-response approach, providing the ongoing collection and real-time dissemination of workforce intelligence, allowing the WIB(s) and your partners to continually stay in touch with area employers. ERISS's methodologies and approach allow for more flexibility, effiCiency and survey volume. Based upon your targeted industries to be identified for this outreach, ERISS will contact, on behalf of the partners, no less than 2000 employers during the contract period, achieving a guaranteed minimum employer response rate of 25%. All data is upsized each Friday afternoon during this phase into the Business Services Manager system, with full completion no later than 12 months from receipt of signed agreement. By attempting contact with each of the targeted employers, the outreach process will automatically serve to gather valuable information about area employers to help segment the market, build profiles for targeted communication messages, further your grant targets with real-time data, and provide viable leads for your Rapid Response and Business Services teams. It will also help bolster brand awareness by introducing employers to local services offered uniquely by the City of San Bernardino ETA. The interviews will be utilized as a marketing tactic to alert area employers about the services available through the WIB(s) and its agencies, positioning this brand as the premiere entity for "All Things Workforce and Economic Development". The Workforce Performance System (WPS"'), was developed to provide workforce investment agencies a systematic and streamlined approach for servicing jobseekers and employers, utilizing actionable data delivered within 48 hours after collecting it from the business. ERISS targets specific businesses to collect current openings, hiring forecasts and other service needs The following is a brief description of the primary components and functions of this systematic approach: . A process to accurately and systematically define and target a region's employer market . A component to systematically reach out and engage the targeted employers using ERISS's Computer Aided Human Resource Interviewing system . Personal interviews with employers produce occupation-specific hiring and layoff alerts that are fed directly to your Business Services Manager system . Customized and personalized employer web sites, which display the logos of your WIB and your partners, complete with monthly salary updates and trends, "one-click" job posting capabilities and HR resources, including a place for WIBs to post their news and events - all at no charge to the employers. This component, Business Online, communicates with the Business Services Manager in a one-to-one relationship (as an employer posts a job order, your staff is immediately notified via email of that need AND of the registered USWorks jobseekers that match. . A continuous messaging component that keeps WIBs and One Stops in front of the local employers with "news they can use" including updated local salary information and trends on a monthly basis. . An O*Net-based real-time skill matching component that matches the "inventory" of jobseekers to job openings uncovered above as well as a daily extraction of newly posted job orders that are matched and emailed to jobseekers as well. . An on-line, real-time system that allows designated staff to access and manage the business information identified and oversee the progress and metrics of the business outreach services as a foundation of a robust business services mode. Employer and Jobseeker Management Based on Stated Needs In order to effectively and efficiently accomplish this process, ERISS developed its one-of-a-kind USWorks Business Services Manager™ (BSM) web application. Having served the workforce development industry for over 15 years, ERISS is aware of the growing need for demand-driven solutions, strategies and tactics based upon real-time employer needs. The Business Services Manager was created to not only capture these needs in a manageable and user-friendly interface, but to empower a team of business services staff members with an actual profile of each employer's Hiring Outlook, Survey Responses, Current Openings, Forecasts, and Participation interests. The USWorks Business Services Manager™ (BSM) is a Business Contact & Relations Management System designed specifically for workforce organizations and is the foundation of an exceptional Business Service Model. This web application is hosted and managed by ERISS on our servers. Designated staff can view business staffing patterns and business-specific survey responses. When job developers contact businesses, they are now making an informed contact. Populated with local businesses, BSM provides authorized staff with a password- protected system that helps coordinate and manage communication and activities with local businesses and job seekers. All relationships with businesses are managed to avoid duplication of contact and to better service employers. This is the application that provides you with an extensive array of management reports. Summary of special features: . Management of WIA Common Measure process because of the capacity to set email notification remiders for placements to employers with responses directly to placement staff. . Management of a central data base of detailed business record information which includes; Name, address, phone, fax, em ail, size of business, industry of business, contact names and titles, and business web site . Capacity to add, edit and delete records, record notes and view history . Capacity to print activities for inclusion in paper files as needed . Management of pending actions such as appointments . Capacity to record custom information such as what workforce board programs and or services the business participates in . Ability to send emails to contacts (these are automatically recorded in the history section for the business) plus create and send em ail campaigns to targeted businesses . Structure to send businesses personal invitations to their Business Online site via email (these are automatically recorded in the hisitory section for the business) . Ability to record Job Orders and view Resumes . Automatic matching of Job Openings and Resumes . Near real-time access to hidden Job Market data . Near real-time access to confidential survey responses . Ability to assign business records to staff users . Capacity to access to Salary Trend data . Capacity to assign records to specific staff for follow up and outreach by a number of different criteria such as compnay size, industry, zip code, city, county or by how a particular employer responded to one of the Survey questions. Staying Engaged with Businesses USWorks Business Online™ is the "flip-side" of USWorks for Job Seekers or Job Seeker Comprehensive. Each local employer will receive a personal, customized site that provides them with a wealth of current information, tools and resources all provided to them on your behalf as a gift for participating In the survey process. As staff adds employers to your exclusive data base, new sites customized sites will be activated. ERISS provides for the on-going management of these sites on behalf of our customers at no additional cost. Every business In your area will have a personalized site listing those occupations relevant for that business. For each surveyed business, we update information about those occupations so that your staff will have the most current Information available at a detailed level not available anywhere else. Businesses will have one- click access to information on their occupations and be able to: . Obtain Critical local hiring and retention decision information . View matched local resumes from the USWorks Job Seeker applications . Gather information about current salary information updated every 4 weeks for occupations in their businesses . Utilize a one-click job order I Applicant Magnet attracting qualified resumes . Utilize a one-click job order entry system . Communicate with local businesses using the News feature . View management reports that provide the number of registered Businesses, number of times they visited their site as well as the date they last visited. . Connect and communicate seamlessly with USWorks Jobseeker Comprehensive™ and Business Services Manager™ applications Empowering Jobseekers \...,-:, [',',.:::'<:;, 1;' ;"'l,S'. ;'i"" to, ,-' -",k t .:'itF~ . - I- I I I I I I~ e.tI r.1l':~te Oilf-('ick rll.r:phrarl Milgrf't~" . ~ ,,,,,,,'," .'.". ",".1,- _ r..."",',. "', "t', ! -c ~ Sl!~r;f!arre~!-\rml' ;al..rylr..1d<: '\,.... ,'Or 7r.,)~r.._;I"'.'"..,.':~'''..d ...,.-,', U ~f-e 8f!"..'il~, f'r.:IJ(~li~rI (, h:I"fi..r'J(e .hrl:"',"'.'-.~.1< w',- ~1 "....'lei,,... 11 Hi!. Tl)flls F.. f1f:~IJ,lr(",> SIIB'.'ln!..~4..'"IlI h:lI; ","1", ;;~'r-,Tn,'. ,.,..r.""c_.1 "".,.',, ~,.- .\,':".~T""'.< 1: it I .' I - , ,p IJSWorks Job Seeker Express'"M is a powerful web based tool for Job seekers to have access to self-directed job search. This web application allows for interacting with the information collected throuQh the ERISS@ iob market survey plus quick access to the data and all of the career exploration and job search tools and features. Job Seekers can also post resumes! Features of Job Seeker Express™ include: Provides Job Seeker population with a full one stop appliaction - access to LMI, Job Leads, Career Exploration tools and resources, and a Community '''''"'''0''..'" Directory Provides Job Seekers with the ability to Post - Activate their resumes tracked and matched againist businesses who have posted Job Openings using USWorks'M Business applications. Provides Management Reports with number of registered Job Seekers, number of times they visited, the date they last visited, and if they have activated their resume · Connects - Communicates seamlessly with USWorks Business Online and Business Services Manager applications · Provides a Career Exploration tool - Gives Job seekers access to local labor market information which they may not have access to elsewhere. For example, salary data for occupations, hiring trend data, education and work experience requirements. · Allows for searching and application to Job Openings. Job Magnets enable Job seekers to receive email notification when a new job is posted · Reviews occupational descriptions and definitions (resume writing and career exploration) · Reviews lists of skills and possible tasks for occupations (resume writing and career exploration) · Provides access to directory of childcare centers, training providers, one-stop offices, and much more. · Ability for Administrative Staff to communicate with Job Seekers using the "News" feature. Jobseekers can be informed about upcoming job fairs, open house, etc. . . . )0','1';" . '~i",ji ,;.<::_;" . ~.;"..,.-,..: ?'';' >Flvorlte, M.rk~t!l'.rtoI '.TMI,I<Ile,ou",," ~ L':,:Eq;'~'m L,' " ~r-1"~~"'" ,il.' Wii:" ..' ~~~';~>:~~~,~';,~.~:;:I:~~~;~~:~~':'~'~' . ',. '" "."~",;I,:.~,;'..",,,",~,,,,,"w, ..._.... ".".. ,~',._..u,.._...,~._ "(":'):-"iI: Vie',' .-,",,'. JtII.........fwocu,.aoll;:',<".',l"'.':~ 1lIIo...;allo....rnwr.aa To.. lIII"li"lffrom aIllIr..... ..clid<....ltIoic:onlllh.boaomritil p.gofw..""'......""....t......, SNrdl.... 50 ........u.s. Z4a4I J~101 -....~1.1~ DTITlf COI>I''''' LllUTlON '~I:.,,,,I~.,.,>,'i" MCHl1uIIIar.s,rtt<n US-l'l,aIiPn 'T:,";",.",' IlCH~S,~ US-R.,UlfIIM ""U",;',:,,'<',-'.r..., 1tWl/OMl!.sT09CAREfR US. I'l, BOMf.. T'-". C~ SPRBlGS '~'''';'.':~,,'.'''' =.ST(lPCARUit us.....fT/ll'l'EltS 1)I.,.....rlt\l:bIIWNnIliC4lJinfu"""'.....lj.b.plnrlOf'''~"dj.rl!n j.b> I TumJobllllllJllllklbeinltJmllldcl_~._ I ":'. L,. ,"'''.,', I";;~~;:;';~' . I '.';?g I USWorks Job Seeker Comprehensive™ is a web-based client management application for use by workforce professionals. It provides workforce professionals the ability to process a unique client workability assessment and has the capaCity to hyper-link to any specialized customer-designed assessment tool. Activities in this application are entered into the on-line history of each client, but can also be printed for inclusion as necessary in paper files. l Because of the ability to control access to this application, support service partners and training providers can have limited access to report client activities and accomplishments. Job Seekers can also post resumes! Other powerful features: Provide Management Reports to reflect the number of registered Job Seekers, number of times they activated their resume, etc. Provide job seekers access to LMI, Job Leads, Career Exploration tools and resources, and a Community Directory Provide for skills gap analysis Provide job seekers with the ability to post and activate their resumes, tracked and matched against businesses who have posted Job Openings using USWorks Business Online™ applications Connect and communicate seamlessly with USWorks Business Online™ and Business Services Manager™ applications Provide access to market data which jobseekers and case managers may not have access to elsewhere. For example, current salary data for occupations, hiring trend data, education and work experience requirements. Searches for and applies to Job Openings. Job Magnets enable Job seekers to receive email notification when a new job is posted Reviews occupational descriptions and definitions (resume writing and career exploration) Skills and tasks for occupations (resume writing and career exploration) Provides Access to directory of childcare centers, training providers, one-stop offices, and much more Enable staff to communicate with job seekers using the "News" feature. Jobseekers can be informed about upcoming job fairs, open house, etc. . . . . . . . . . . . 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Project Work Plan (Graphic Representation) The following deliverables, work samples and product suite descriptions will demonstrate a graphical sample of the work and applications described in the Proposal Narrative. Sample 1: Business Services Manager Employer Profile Page Emplover PI ofile Page 'n' , ''''If,~,,~ ~~;, t?",1 ;:'t~~,:a __m;.~ Contact Detail ErIlPLOYERS' TRt.Ii'>JH'lG PES()I~:RCE 9330118771 Tel: (661) 324-9675 Fax: (661) 336-6858 SIze: 50-99 Industry: 8331 -lob training and related services WVo.I"N <etronline.com Contact Information -'~"'-"1'i-:J. It,',",r'lt~..,,;,Hi'. ;;,~.,. _.' ,.c:......."";. ,_;;;.,~..,:,.~ HR Contact:Eddie DOfT:inguez HR Title: Deputy Director HR Email: 9ddied@cQ.kern.ca.us HR Phone: (661) 336-6957 ExsaJtive Contact: 'v'erna Lev/is Executive Title: Executive Director EKecutive Email: ver:-."Jal@l:o.kern.ca.us Executive Phone: (661) 336-6849 Additional Contact 1: ."'nne Meert Additional Contact 2: Candy Getman Additional Contact 1 Title: Dept,o.nalyst II Additional Contact 2 Title: Deputy Director Additional Contact 1 Email: Additional Contact 2 Email: rneerta@co.kern.ca.trS r;.:::nd\'Q@co.kern,cc.I"::3 Additional Contact 1 Phone: (661) 336-6:j22 Additional Contact 2 Phone: (661) 336-65C8 Date of last visit to Business Online: 01/29/2::107 Visits: 3 Into rest/Participation: CJ Federal CGntractor o Focus Group :.=J Former Off8n!~8r ''1t~,'!J<'\~~r^I~. ~\':;l;~ 'l;:i'".l:J :~~J Inc-!i"jidu.3Is with Dis.3bilities Utilization of the Business Services Manager, based on stated needs by employers in Step 1, provides your staff with the ability and "informed contact" prerequisites to service employer customers and build service relationships throughout the year. Product flexibility and the ability to capture specific parameters on an employer further enhance the power of this system. Once the "intelligence pool" is determined, Business Services Manager is customized to populate and manage against that data, based upon specific project goals and engagement objectives. Sample 2: Viewing Job Orders and Current Openings Empfu ver Profile Page, ,r " ' < E:':1P1.0YERS' TF'.6,,~f,lfHG 0:.E~;Ci)PCE 9330118771 Tn"ll"'i;l ~~~~ Tel: (551) 324-9575 Fax: (551) 335-6858 Size: 50-99 Industry: 8331 - Job training and related services W\,\,"N ,1:)tt"cnl!nE<,co:n JDb Orders Current Openings Ocwplltlon Salary Trend Dltte Number of loclltlon Matches Graph Posted/Updltted Openings CQunselDrs 0 12/07/2005 1 Bakersfield, ['v'j,?"".] CA Enter a Job Title or Select from List Below: I Search J List Typical Positions in Industry Occuplltlons Job Orders C");.;(I:S13Iors 1 @ @ @ @ @ f! Lc;t!,IJdi,',r ,:::d I'JCi!(!!; ;;;j'tr.';>' ','::)(:1,31 and H:Jrn:?n St?-!"fi~8 ,'':.';:;iSf~3!'lts ':;")(:',;1\ ","/clt"l(er; . Beher ,/,\.:,.:;:i:.,t::'1tfCS . "1'.I(,{[;,) T"", "'--,, ::'-i'," Market Data \;) III d d d o Tools Delete ~ ~ ~ 11 11 ~ ..:J When an employer posts a job opening, your staff is alerted immediately, via email, and will see the Current Openings on their SSM Profile page. As well, staff has the ability to post job orders at the click of a button on behalf of the employer, documented in the History for that employer. U[ Sample 3: Tracking Activities and Visits [mJJloYl'r I'rolll.' J'dtjP ( v 'lJ"~'lt ~..~ Ef-.'1PLO'(ERS' TR':'U-.j]r_Jr:; PE:;OUFCE 9330118771 Tel: (651) 324-9675 Fex: (661) 336-6858 [m,O?pJ Size: 50-99 IndUStry: 8331 - Job training and related services ."...."l.l'.!oJ ,etronline .c~.:' ril Activities . Notes Company: Employers' Training Resource Contact: Eddie Dominguez Phone: (~61) 324-9675 EloCt: User: ETR1, Kern Activity: Select An Activity',," Related to: Select Relation Notes: :_'o~>{'i('~.<' ';c':::''.1 ;:;~, Phone Contact Visit Mail Business Referral 00 Not Contact Email Notes Job Order " :;;.0;1 .;....... Referral Placement Select Time Zone nlJr'"..tinn {in minlJtAC;:" Date: EUlphJYI'r t'rllfll," I'.HJ\' Time: .,,,...,,,..~ ."j)','-,:,,>:, -_.~ Employer: Employer ID: 2001 28th street Bakersfield, CA 93301 [rn"';;;JJ County:l<em Webslte: "N'N\'V .et:'I~riljn,=, ,';'Drn Assigned User: ETF.:.1J f<em i!l'""'''''''''f' ",~" _d'",F'r' P"F""'!"l!'Il"'" """'<"'~':j\l Actions: ~,1, ""~J l.f~" ;;.:D"} ;,~ ;l-tl U:I;.J.:;.:..t:tr. -._~lI1-~ 1[i-\.~ de.} t. - }/:"_ i' , _;O._.~_':-"'_ Er'.1Pu-::(~PS' TF/:.lf-JHF3 PESC>I..IR(:E 9330118771 Tel: (661) 32+9675 Fex: (661) 336-6858 Size: 50--99 Industry: 8331 - Job training and related services History History of ActivitieS/Notes for Employers- Training Ra5ourca: ... Entries are initially sorted from newest to oldest. ... Change the sorting column by selecting the column from the dropdown. >II Click on a specific activity to view the details. Sort by: Last Date Recorded Descending !GO'J page: 1: 12/07/2006 - 11/29/2006 [1-15of23] Date Recorded 121071200610:39 AM 111301200602:50 PM 11130/200602:50 PM 111301200902:50 PM i',;l. Related to Self Service Internship Rapid Response R.apid Response ........u- Business Online, Employer ETR1, Kern ETR1, Kern ETR1,Kern ""tlYlty J:;b ':"-,~!,:,;r F.sf~,I"r::1 f:..~.j" I" c", ~ Sample 4: Viewing Survey Responses a. Hiring Outlook "'" Survey Answers Confidential Survey Responses Date Collected: 11/28/2006 : Today's Date: 01/30/2007 Question 1. In the next 12 months, does your company anticipate... Response: Expanding/Hiring Question 2. You previously indicated that you anticipate ExpandingfHiring. Would you be interested in listing your job orders at no charge with the Foothill Workforce Investment Board? Response: Yes Question 3. Would you be interested in experienced workers transitioning from other companies? Response: Yes Question 4. The Foothill Workforce Investment Board provides free services to employers who are laying off workers, as well as the workers being laid off. Would you be interested in the Foothill Workforce Investment Board providing employment transition services for workers you will be laying off? Response: No Data Question 5. When would be the right day and time to contact you? Response: No Data Question 6. Have you worked with the Foothill Workforce Investment Board in the past ? Response: No Question 7. Were you satisfied with the services provided? Response: No Data Question 8. Which of the following business issues are currently key concerns or challenges for your business?Please answer Yes or No to any that apply... Response: Availability of Qualified Labor, Regulatory concerns/Permitting and Zoning, Facility Expansion or Relocation Question 9. As a public service, The Workforce Investment Board assists local employers with employment related issues. Which of the following services would be most critical towards helping your company grow over the next year?Please answer Yes or No to any that apply... Response: Local salary and supply/demand information, Help with screening and hiring, Information on Tax Incentives for hiring, Custom training programs HIring Outlook Planned Staffing Changes as Indicated by the Survey Current Staff Planned Planned Occupation Staff Next gO Days HIring Layoff Date Collected Matches Next gO Days Next 90 Days C:2rier,~! and 10 11 2 0 1 /23/2007 (:;::'8r.3tons M.3r'13Jr,~,(,:; "~I ,d 10 12 2 0 1 /23/2007 -;(.:. '":d!8'; i'/1 ::lrd,l::~(:; 1 1 1 0 1 /23/2007 Sample 5: Tracking Referrals and Placements Once a jobseeker is noted as a "Match" to a job order, simply send their resume to that business and document as a "Referral", ,>purl f{P'.tlllll' to f IHpIHYI'I', II <'ll!lHHI I-{IH.fJllll p ) To (Name): To (Email):eddiedCco.kem.ca.us From: rob.darkOeriss.com SUbject:: Resume for Counselors from USWorks Business Services ManafJer This 18 a job:l!le,eker res11Ine that 2DI!ltchelll w1th your job orl1e!r :tor Counselors. Click here :tor resume details: http://www.usworks.com/reQuest/jobmagnet.cfm1U-103002&o_211D 1000 I:t t.be jobaeeker bas . resume, it vl11 be viewable within the resume detall.. Thank you. Employers' Training Resource I_~~~~ F ml"oy~'r "tufilp PdYP Emplover: ErAPLCrrERS' TF','C..Ir'..l[/.~G Pi.:::31.::.'IJF,CE Tel: (661) 324-9675 Emplover 10: 9330118771 Fa2C: (661) 336-6858 2001 28th Street Size: 50-99 Baklilrsfield~ CA 93301 [in<mJ Industry: 8331 - Job training and related services County: Kern Webslte: '~':V''''''N ,etrf)I,lif'"':a .con'-I Assigned User: "'"""n~' t, Actions: ;;m~!:J-':,i!";,, Referrals '" PlaCBments Referral/Placement ':,dd ;.;. P8felT21 /;.dd ~ Pla~emf?nt Placement of E)(isting Referrals: 'lob.....AkAr Nama Orrlloatlon ~Ob!;Rl!lkAr ~1I'I.-II.:Iob!;I!IAkl!lr PhnnM Intllrvll!lw DAb and nmll Debbi.'O! P,Odrigul?Z Not Available Not Available (661) 635-2514- 11/30/2006 at 3: 00 Dr-;:.bb;e R,odrigl..lE;Z Advertising Manager Not Available (866) 324-37....7 11/29/2006 at 2: OOpm Dan-ell '3sphus Social Worker Not Available (661) 336-6923 11/28/2006 at 2:....5 Placements Made: 3ob~lI!tlP.lkl'lr Nllme D8bbie Rodnguez D:",n-ell S;:~phus OC'.r.IIDII'IiOft Advertising Manager Social Worker 'llllllh"ieBkl!lr Em.-II Not Available Not Available :Jnhsel!lker phon.. (866) 491-3747 (661) 336-6928 PIIlIlr.Ament DlIIl"A 11/29/2006 11/28/2006 When the individual is hired, track the Placement (including the starting wage), and our system sends retention emails to the employer at a pre-determined time, helping to verify and document at critical pay-points. Sample 6: Business Online One-Click Job Order Form Juu Ortft.r . I EIMiJobO,der I I Print I Your Job Posting will scan for NEW resumes (resumes posted after you activate the job order) related to Counselors. You will be notified of matches as they occur. To view e.isting matches, dick on the [View E.isting Matches Now] link below. The Job Order is now .on L UpdeleJobO,der I I Date Posted/Updated: 12/07/2006 TunJobO.derOff I I CreateA,Sep<ll'oIeJobO,der f'v'je'vv Existino tvlatches r".Jo\:.,l [Vie':...' r:1.o:rkcl: Datal rVi,~w TCll:ds &_ R.e501...lrCeS1 C:nr'npnny I["~-hn'l~tiun: Company Name: Employers- Training Resource -r Indicates this information will not be disclosed to the job seeker . ;f: Name of Person TuminQ On the Magnet: Kern ETRl Email AddressofPersonTurningOntheMagnet:rob.ctark@eri$"$.com CG~1tu;[:t: I~-;fi);"h,;'Jtkn: [J Disclose to the Job Seekers our company address. Contect me via (check all that apply): [J Emai!: c~kem.ca.u. o Phone: 661-324-9675 o Fax: 661-336-6858 Attention to: [J Web Form: WWIN. I want to be contacted by: o Errll:,lovel~~' Trai"in,"J R'B01ji~Ce :]'],b D'o~~:'_~:~.~i:-i::~;r'~: Job T:t1~~~ Number of positions availalble: Job Location - City J Zip and State: Hours: Job posted at: Counselors Bek..,fieId 93301 CA Description: Ful Time RegoJer (more than 30 In/wk. mOle then 6 month, I www.etronline.com Cauneelo~s. Assist Soci~ G~oup Wo~ke~s 5nd Cal!!lewOJ::ke~s vim developinq, oJ::qanizinq, and conductinq Pr:Oq.tDS to p.tevene and .tesolve p~obleas ~elevant to ~ubsten.ce abuse and. huaan Job Start Oate (mm/dd/YYH): ~jiI' .1 .'" -, ':,~":' '.;'.; A__I:._.L:__ .-,_.:__ .......... When an employer activates a job order, this is immediately reflected in that employer's profile in Business Services Manager, a real-time communicative system from business to staff. The employer may view jobseeker candidates, market data for the occupation, and communicate directly with your team as to what they are looking for and when, all with the click of a button. Sample 7: Salary Scanner Monthly Employer Messages In addition we provide a year-round Marketing Communications service complete with email messaging to attract employers and keep them coming back to you. There are no staff requirements, no hardware or software requirements - we take care of it all. Dear <Employer Contact>, This is your monthly salary update for occupations typical in the Computer integrated systems design industry in your area. Salary trends are current through January, 2007. Estimates are based upon an analysis of new job orders posted on line in December. . Computer Proqrammers . Computer Applications Software Enqineel-s and Web Developers . Computer System Softw,are Enqineers . Computer Security Specialists . Network Systems and Data Communications Analysts . Multimedia Develooers or Desiqners Simply click on an occupation to view the current salary graph for your area. If you wish to change or add to the list of occupations we track for you, click here. This will take you to a web site created just for you. Once you enter, you will see a list of occupations you can delete from and add to. We will keep you updated every month. USWorks Salary Scanner™ (patent pending) - Real Time Wage Data USWorks Salary Scanner scans millions of on- line job postings and tracks and updates 250,000 combinations of job classifications and locations across the United States - everY 3-4 weeks and is included In all ERISS web applications. These changes are updated on all USWorks web sites to reflect the salary trend information for your local occupations. --.'. ,. -----------------.- i';::_","~..:~"",Vi',l.:n '-'!I.:',I'-"':."r' ''-'';'":.;''' :'::r---'---,..-..~.:--:1.: ~:. ~.::; JJ ~ . .... ~/ i"'," .! ';'co'1.. . .' ,. " i "ex 1 ' '-". :~..,L' /,' J~. '~:., in: I~':: ' I' - I . I .", c..-, .i~., F~o''''~' \0' '-'-'~";~ ;'''''.1{' This kind of information and technology is not available anywhere else and it provides a key reason for employers to come back again and again to the web site provided by you. Our patent-pending Salary Scanner continuously scans and classifies millions of current, on-line job openings across 300 Metropolitan Statistical Areas. The results are displayed in Business Online and helps employers keep a pulse on the current job market. Cost for Services Business Online (1 year of service, unlimited employer sites): Business Services Manager (1 year of service, 10 users): Jobseeker Comprehensive (1 year of service, unlimited users) Jobseeker Express (1 year of service, unlimited users) Consulting, Support and Training: $14,000 $19,500 $14,000 $11,000 $2,000 · Includes one day of on site consulting, presentations to local chambers and other organizations of your choice that can help promote the site tools and resources. · Includes initial two-day training session and quarterly visits on best practices Total Price: $60.500 Pricing is based on one WIB area. Additional WIB's may be added to further regional collaboration. Price per additional WIB: $19,500 for 10 users, $30,000 for unlimited users (per year price). For unlimited user access, the price for Business Services Manager increases by $11,500 versus current quote. Per-WIB contribution to be determined by customer (if applicable) Return on Investment . Immediate real-time job openings from the "hidden job market" . Dynamic solutions to assist your current staff with their operations · Ongoing consultation to dynamically address your region's needs, strategies and performance goals · An enhanced, demand-driven approach based on real-time employer data and stated DEMAND. . A turnkey solution towards servicing jobseekers and employers · Reporting functions to empower your staff, yet manage to performance measures . A database of employer-specific needs, structured towards "Resolution and Engagement" . Executive Summary of the City of San Bernardino Workforce region that will allow you to showcase what you have done, how you have set the bar, and what other areas can do to follow your example · Publicity and media exposure to not only showcase your success, but garner the attention and support of surrounding regions with shared objectives This is a complete turnkey package. No software, hardware or system support is required. ERISS hosts the entire system at its headquarters in California. - --------, ---, . . Payment Terms 1. One half of the survey fees and 100% of the web application fees due upon signed contract receipt. 2. The balance of the fees are due upon completion of the final survey and receipt of invoice by the City of San Bernardino ETA.