HomeMy WebLinkAboutContracts & Agreements_188-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Temporary Staffing
("Agreement")is made and entered in this October 1, 2014 ("Effective Date"), by and
between the City of Redlands, a municipal corporation("City)"and Labor Ready
Southwest, Inc. ("Consultant"). City and Consultant are sometimes individually referred to
herein as a"Party"and, together, as the "Parties."In consideration of the mutual promises
contained herein,City and Consultant agree as follows:
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide temporary staffing services (the
"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and
Consultant represents that it has the skill and the professional expertise necessary to
provide the Services to City at a level of competency presently maintained by other
practicing professional consultants in the industry providing like and similar types
of Services.
1.3 The term of this Agreement shall commence on the effective date of this
Agreement and terminate on June 30, 2016,
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in
Exhibit"A,"which is attached hereto and incorporated herein by reference.
2.2 Consultant and City shall comply with applicable federal, state and local laws and
regulations in the performance of this Agreement including, but not limited to State
prevailing wage laws.
ARTICLE 3—RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates the Human Resources/Risk Management Director,or authorized
designee, as City's representative with respect to performance of the Services, and
such person shall have the authority to transmit instructions,receive information,
interpret and define City's policies and decisions with respect to performance of the
Services.
3.3 City will make responsible provisions for Consultant to enter upon City-owned
property to perform the Services.
3.4 City agrees to provide a safe workplace for all temporary personnel provided
pursuant to this Agreement. City further agrees to abide by all applicable state and
federal employment laws, including but not limited to,Title VII of the Civil Rights
Act of 1964,the Age Discrimination in Employment Act,Americans with
Disabilities Act, the California Fair Employment and Housing Act, and the
California Labor Code. City shall accurately keep and submit timecards for all
temporary personnel.
3.5 The temporary personnel provided under this agreement will be included in the
City's safety program for Solid Waste Collections; this program includes periodic
safety meetings and general safety awareness discussions.
3.6 City staff will provide adequate supervision; accurately records all work hours,
including overtime; provide any meal and rest breaks as required by law; notify
Consultant when a job is subject to prevailing wage requirements, and provide a
correct and current wage determination(rate sheet). City will hold Consultant
harmless for any back wages,penalties, fines, and reasonable markup from any
failure to properly identify prevailing wage work.
3.7 Without prior written agreement of Consultant,City will not entrust Consultant
temporary employee(s) with the care of unattended premises, custody or control of
cash,credit cards, keys,or other similar valuables or authorize Consultant
temporary employee(s) to operate machinery, heavy equipment, or motor vehicles.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perfonn and complete the Services in a prompt and diligent
manner as described in Consultant's proposal to City which is attached hereto as
Exhibit"A,"and incorporated herein by this reference.
4.2 If Consultant's Services include deliverable electronic visual presentation materials,
such materials shall be delivered in a form, and made available to the City,
consistent with City Council adopted policy for the same. It shall be the obligation
of Consultant to obtain a copy of such policy from City Staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not
exceed the amount of One Hundred Thousand Dollars ($100,000)per fiscal year.
The City shall negotiate each temporary employee's hourly rate on a case by case
basis with Consultant, and in addition to such hourly rate,pay the Consultant the
percentage "mark up"as shown in Exhibit"A".
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description
of the Services performed,the dates the Services were performed,the number of
hours spent and by whom, and a description of reimbursable expenses related to the
project. City shall pay Consultant no later than thirty(30) days after receipt and
approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail.Notices sent
by mail should be addressed as follows:
City Consultant
Amy Martin, Director Kenn Kaplan
Human Resources Department Labor Ready Southwest, Inc.
City of Redlands 18 W. Colton Ave.
35 Cajon Street, Suite 222 Redlands, CA 92374
PO. Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United
States Mail. Changes may be made in the names and addresses of the person to
whom notices and payments are to be given by giving notice pursuant to this
section 5.3.
ARTICLE 6--INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the
duration of its performance of the Services. Consultant shall not perforin any
Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and
endorsements evidencing such insurance prior to commencement of the Services.
Insurance policies shall endeavor to provide cancellation or modification of the
policy except upon thirty(30)days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that
meets statutory requirements with an insurance carrier acceptable to City, or
certification to City that Consultant is self-insured or exempt from the workers'
compensation laws of the State of California. Consultant shall provide City with
Exhibit"B,"entitled "Workers' Compensation Insurance Certification,"which is
attached hereto and incorporated herein by this reference prior to occupancy of the
Premises.
6.3 Consultant shall secure and maintain commercial general liability insurance with
carriers acceptable to City.Minimum coverage of One Million Dollars
($1,000,000)per occurrence and Two Million Dollars($2,000,000)aggregate for
public liability,property damage and personal injury is required. City shall be
named as an additional insured and such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City.
6.4 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars($1,000,000)per occurrence, combined single limit bodily injury
liability and property damage liability. This coverage shall include all Consultant
owned vehicles used in connection with Consultant's provision of the Services,
hired and non-owned vehicles, and employee non-ownership vehicles.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims,losses or liability,
including attorneys' fees,arising from injury or death to persons or damage to
property occasioned by and negligent act or omission by, or the willful misconduct
of, Consultant,or its officers,employees and agents in performing the Services.
6.6 City shall indemnify,hold hannless and defend Contractor,and its officers,and
employees and agents, from and against claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property to the
extent occasioned by any negligent act,omission or failure to act by City, or its
elected officials,employees or agents,to abide by any applicable state or federal
employment laws.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest
in any real property that may be the subject of this Agreement or any other source
of income, interest in real property or investment that would be affected in any
manner or degree by the performance of Consultant's Services. Consultant further
covenants and represents that in the performance of its duties hereunder, no person
having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the
Political Refonn Act because Consultant:
A. Does not make or participate in:
(i) the making of any City governmental decisions regarding approval
of a rate,rule or regulation,or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City permits,
licenses,applications,certifications, approvals,orders or similar
authorization or entitlements;
(iii) authorizing City to enter into,modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and
to which City is a party,or to the specifications for such a contract;
(v) granting City approval to a plan, design,report, study or similar
item;
(vi) adopting or granting City approval of policies,standards or
guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity,participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under
Government Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests,Consultant shall complete and file a Fair Political Practices Commission
Form 700, Statement of Economic Interests,with the City Clerk's office pursuant
to the written instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and
other relief,be entitled to the recovery of its reasonable attorneys' fees, including
fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written
approval of City and in strict compliance with the terms and conditions of this
Agreement.
8.3 Records, drawings, designs, cost estimates,electronic data files, databases and any
other documents developed by Consultant in connection with its performance of the
Services,and any copyright interest in such documents, shall become the property
of City and shall be delivered to City upon completion of the Services, or upon the
request of City. Any reuse of such documents,and any use of incomplete
documents, shall be at City's sole risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and
shall perform the Services as an independent contractor. The City shall supply all
necessary tools and instrumentalities required to perforin the Services. Assigned
personnel employed by Consultant are for its account only, and in no event shall
Consultant or personnel retained by it be deemed to have been employed by City or
engaged-by City for the account of, or on behalf of City. Consultant shall have no -
authority, express or implied,to act on behalf of City in any capacity whatsoever as
an agent,nor shall Consultant have any authority, express or implied,to bind City
to any obligation.
8.5 Unless earlier terminated as provided for below,this Agreement shall terminate
upon completion and acceptance of the Services by City. This Agreement may be
terininated by City, in its sole discretion,by providing not less than five(5) days
prior written notice to Consultant(delivered by certified mail,return receipt
requested) of City's intent to terminate. If this Agreement is terminated by City, an
adjustment to Consultant's compensation shall be made, but(1)no amount shall be
allowed for anticipated profit or unperformed Services, and(2) any payment due
Consultant at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Consultant. Upon receipt of a
termination notice,Consultant shall immediately discontinue its provision of the
Services and,within five(5) days of the date of the termination notice,deliver or
otherwise make available to City, copies(in both hard copy and electronic form,
where applicable)of project related data, design calculations,drawings,
specifications,reports, estimates, summaries and such other information and
materials as may have been accumulated by Consultant in performing the Services.
Consultant shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of
three(3) years,or for any longer period required by law, from the date of final
payment to Consultant pursuant to this Agreement. Such books shall be available at
reasonable times for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference,represents
the entire agreement and understanding between the Parties as to the matters
contained herein, and any prior negotiations, written proposals or verbal
agreements relating to such matters are superseded by this Agreement. Except as
otherwise provided for herein, an amendment to this Agreement shall be in writing,
approved by City and signed by City and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this
Agreement and shall not affect, impair or invalidate the remaining sentences,
clauses,paragraphs or sections contained herein, unless to do so would deprive a
Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS LABOR READY SOUTHWEST INC
Logan Bradley
_ Approved by legal
2014.09.1615:41x:29
By: By: -07'00'
Pete Aguilar, Mayor Logan Bradley I Contract Services Assistant
Attest:
ie-1�4
Sam Irw'eCiClerk
EXHIBIT "A"
Name of primary contact person who will be assigned to handle the City's
requests.
Kenn Kaplan ---Training Branch Manager
909-307-3779
Kkaplan@laborready.com
Response time in filling the City's requests:
1-10 employees Z hour
10-20 employees 3 hours
20+ employees Dependent upon actual volume, 3 hours—24
hours
Hours of operation -
Mon-Thurs: 530am-6:00pm
Friday: 5:30am-6:00pm
Saturday&Sunday: On-Call
Labor Ready is available 24/7 to respondto emergencies that may arise orto
support last minute staffing needs. Labor Ready operates adedicated message
center that isavailable 24/7 to relay messages to our branch staff. In addition you
will have accessto branch manager and the district manager's cell phonefor
emergency response.
Category 2
Light Industrial (Maintenance Worker)
Heavy Industrial (Solid Waste Collector, Solid Waste Truck Drivers,
Backhoe Operators
Pay rate is$9.00 per hour
Bill rate$14.69
Minimum hoursto bepaidfor lessthan eight(8)hours worked.
Labor Ready has minimum of four hours perworker per shift.
Any fees involved in hiring a temporary employee assigned to the City.
Labor Ready firmly believes in doing everything in its power to help our workers grow
both personally and professionally and we do not stand in the way of their
success. If one of our workers isfortunate enough to be offered a full-time position,
we do not charge any fees to our workers or our customers for hiringthem on.
Background check services and pricing,if any. Indicate whether or not background
checks are verified against a local,state,or national database.
Labor Ready has partnered with a nationwide vendor offering National Criminal
File Search and Social Security Verification with results made available in less
than 24 hours. On average, results are received within less than lhour of
submittal. There is no additional cost for this service.
Drug screen services and pricing,if any.
Labor Ready hasthe capability to perform 5 panel"in house" drugtesting with
urinalysis kits.The process and results are immediate.There isnoadditional
charge for this service.
Description of application screening,testing and selection procedures. Specify the
computer software programs used for testing candidates.
Labor Ready utilizes a nine page application that asksthe prospective employee
to list all of their personal contact data as well as past work experience. Past
work experience will be entered into our operating system for ease of locating the
perfect candidate.The employment application includesthe I-9 page, which is
required to verify that all employees are able to legally work in the United States.
Labor Ready utilizes the services of Merchant's Integrity,Inc, the innovative
leader in electronic pre-employment screening to effectively reduce
employment risk. The 73- question survey assesses behavior,not personality,
and screens for violence,drug use, theft,lyingand entitlement mentality.
When workers fill out an application a safetytest must betaken and safety films
also are shown daily in all of our branches.
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
Name of Company Date:
By:
Name
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