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HomeMy WebLinkAboutC-6312 - Municipal Staffing Agreement• • 0 AZWTemP5 Municipal Staffing Solutions Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES, INC., dba MuniTemps, with its Corporate Mailing Address at MuniTemps Corporate Lockbox, PO Box 718, Imperial Beach, CA 91933 ("STAFFING FIRM"), and the CITY OF NEWPORT BEACH, with its principal municipal office located at 100 Civic Center Dr., Newport Beach, CA 92663 ("CITY") agree to the terms and conditions set forth in this Municipal Staffing Agreement (the "Agreement"). STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will: a. Recruit, screen, interview, and assign its employees ("Assigned Employees") to perform the type of work described on Exhibit A under CITY's supervision at the locations specified on Exhibit A; b. Pay Assigned Employees' wages and provide them with the benefits that STAFFING FIRM offers to them; c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; CITY's Duties and Responsibilities 2. CITY will: a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services, and intellectual property; Properly supervise, control, and safeguard its premises, processes, or systems, and not permit STAFFING FIRM employees to operate any vehicle or mobile equipment (unless authorized under section 2.f. below), or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM's express prior written approval or as strictly required by the job description provided to STAFFING FIRM; c. Provide Assigned Employees with a safe work site and provide appropriate safety information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site; d. Not change Assigned Employees' job duties without STAFFING FIRM's express prior written approval; and e. Exclude Assigned Employees from CITY's benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees' compensation or benefits. Rev. 8/12 Page 1 " Temps' Corporale Mailing Address: PO Box 718, Imperial Beach, CA 91933 Phone: 1-866-406-6864 • Fax: 1-866-498-6678 Municipal Staffing Soluflons Websile: w .rmmitemps.com f. CITY is authorized to direct STAFFING FIRM's employees to drive CITY vehicles and equipment if CITY assumes liability for STAFFING FIRM's employees under CITY's auto insurance policy and names STAFFING FIRM as "additionally insured". Payment Terms, Bill Rates, and Fees 3. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A and will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM will invoice CITY for services provided under this Agreement on a Semi -Monthly basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CITY's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes STAFFING FIRM to bill CITY for those hours. If a portion of any invoice is disputed, CITY will pay the undisputed portion. 4. STAFFING FIRM shall email invoices and supporting timesheets directly to the CITY's Accounts Payable office with a copy sent to any designated Department of the CITY. 5. STAFFING FIRM may assign two classes of Employees at CITY: (1) "Executive" Employees are presumed to be exempt from laws requiring premium pay for overtime, holiday work, or weekend work. These Employees are assigned on a fixed monthly salary contract which will be paid and pro rated on a bi-weekly pay cycle. When assigned Employee completes project at CITY, CITY will be required to pay the pro rated amount of the monthly salary contract agreed to in Exhibit A as of the full week ending last day worked at the CITY. (2) "Non -Executive" Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. STAFFING FIRM will charge CITY special rates for premium work time only when an Assigned Employee's work on assignment to CITY, viewed by itself, would legally require premium pay and CITY has authorized, directed, or allowed the Assigned Employee to work such premium work time. CITY's special billing rate for premium hours will be the same multiple of the regular billing rate as STAFFING FIRM is required to apply to the Assigned Employee's regular pay rate. (For example, when federal law requires 150% of pay for work exceeding 40 hours in a week, CITY will be billed at 150% of the regular bill rate.) 6. STAFFING FIRM may also provide "direct hire" (executive search) services if requested by the CITY. The direct hire fee is $10,000 for positions with annual salary "less than" $100,000 and $15,000 for positions with annually salary "greater than" $100,000. A separate Exhibit "A" would be provided for any direct hire services requested by CITY. Confidential Information 7. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their CITYs. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CITY's confidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. Cooperation 8. The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Rev. 5/13 Page 2 ^^ EMTe m ps1 Corporate Mailing Address: PO Box 718, Imperial Beach, CA 91933 Phone: 1-866-406-6864 • Fax: 1-866-498-6678 Municipal Staffing Solutions Wehsite: w .munitemps.com Indemnification and Limitation of Liability 9. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CITY and its directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by STAFFING FIRM's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of STAFFING FIRM or STAFFING FIRM's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 10. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFING FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by CITY's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or willful misconduct of CITY or CITY's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 11. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages. 12. As a condition precedent to indemnification, the party seeking indemnification will inform the other party within 15 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter. 13. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Miscellaneous 14. Notwithstanding any other provision of this Agreement to the contrary, the provisions of paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement. 15. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 16. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 17. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 18. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. Rev. 5/13 Page 3 JAZ Temps'' Municipal Staffing Solutions Corporate Mailing Address: PO Box 718, Imperial Beach, CA 91933 Phone: 1-866-406-6864 • Fax: 1-866-498-6678 Website: w .munitemps.com 19. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 20. CITY will not transfer or assign this Agreement without STAFFING FIRM's written consent. 21. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 22. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party. 23. The provisions of this agreement shall be entered into according to the laws of the State of California. Term of Agreement 24. This Agreement will be for a term of 12 months from the first date on which both parties have executed it. This agreement may be extended for 12 additional months by mutual agreement of both parties. The Agreement may be terminated by either party upon 15 days written notice to the other party. Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. CITY OF NEWPORT BEACH Signature b -&g % I A, Y -,S Printed Name Title Date APPROVED AS TO FORM: Cr Y ATTORNEY'S OFFICE na+s• 4/7.a/i.S GOVERNMENT STAFFING SERVICES, INC. Signature Johvu Herrera, CPA Printed Name 1Pres1 deo,t / CED Title o9/zs/2o2s Date 0Q. 4"a 5 Rev. 5/13 Page 4 C) 0 z 3 co N 0 m iT D CD 0 y N N N ono a Q O N M. (D(GD 'O d v�v wa N OL 0 Cl 0 3 0 C C n. =3 N 7 c, (D o O CL 0 7 3 m o c o N O a O O y a O 7 y an y O m 3 O ova 5.00 7 7 (D N m 3 � 7 � O. D) C " w 5-3 (D 7 ll! (D O fU O O. iD (D 7 CL C O 'O J z Fn, (D s m O a y O SU (D y N (D 3 J C5 D d m 73 m d3 �M y � � 0) N N 9 z m v m o ID' (D (D m C a � —,<o. .< (D C) N O p n 7m o d (D y G)ofv_ C G) O y N(D D C (D y O d (D ri y S � J m m O y N N O J O CL (D D N C 7 y Oo s3,7O N J. N J 3 g C O 0 3 J o C (; y - O O C 7 O � 0 d c y 7 7 O 3�a N J � �CD 3 v O y �v� (D o g D Q C N O zi C7 C N m O cD Ol 00 0 o � to N v' 0 Cl CSI co N x 2 73 0 n m CD N N 7 CL o 0 T o - v o m m 0 c � C N 7 d O X c 7 O M w O cD Ol 00 0 o � to N v' 0 Cl CSI N 0 (D CL O z (D Q N 0 fA N O O 0 O N O 6 O _. =r O O ti, 0 CD S (D CO Q) x m � 3 fDy fD N (D K Q 7' y _. N (D 7 7 O d X (D (D 3 m CD C- 7 O W, C.)CD `G 0 -. O -h n °' m N m v o 7 0 (Q y co 0 L I cn m co co B c 0 S 3 '0 D OO 10 � � r 3 OVD w O O G m z 9 m z ch D :2 z G) m 0 m Z n N d m 1 CU C 3 (D D .r _ GOVESTA-02 PPISANO ACORO' CERTIFICATE OF LIABILITY INSURANCE A7 D/YYYY) DATE/15/2 9//15/215/2 015 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 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 CTK North American Insurance Services, LLC 1240 North Lakeview Avenue, #240 Anaheim, CA 92807 CONTACT NAME: PHONE 714 779-2000 FAX (714) 779-4129 AIC No Ext : ( ) AIC, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Co. of IL 27855 INSURED INSURER B: American Guarantee and Liability Ins. Co. 26247 INSURER C : Government Staffing Services INSURER D: 05/10/2016 P.O. Box 718 Imperial Beach, CA 91933 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. /NSR LTR TYPE OF INSURANCE ADDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE T OCCUR PRA969906303 05/10/2015 05/10/2016 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 29000,000 X POLICY 1:1JEC7 F71 LOC j PRODUCTS - COMP/OP AGG $ 2,0009000 $ OTHER: AUTOMOBILE LIABILITY BINED INGLE LIMIT $ 1,000,000 COMaccidentS Ea BODILY INJURY (Per person) $ A ANY AUTO PRA969906303 05/10/2015 05/10/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON -OWNED HIRED AUTOS AUTOS Pea cidentDAMAGE $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE UMB946734703 05/10/2015 05/10/2016 DED X I RETENTION$ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Crime PRA969906303 05/10/2015 05/10/2016 2,500 Deductible 1009000 A Professional Liab PRA969906303 05/10/2015 05/10/2016 $1 m/$2m DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Schedule of Named Insured(s) Government Staffing Service dba: Herrera & Associates Staffing Services Government Staffing Service dba: Munigroup Government Staffing Service dba: Munitemps Government Staffing Service dba: Munistaff CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach City Cristal McDonald THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Center Drive AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD