HomeMy WebLinkAboutContracts & Agreements_130-2014_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 July 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 tern of this Agreement shall commence on the effective date of this Agreement and
terminate on September 30, 2014.
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 snake 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
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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 record all work hours, including
overtime; provide any meals 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 perform 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 Twenty Five Thousand Dollars ($25,000). 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:
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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 perform 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 listed 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 claims, losses or liability, including attorneys' fees,
arising from injury or death to persons or damage to property to the extent occasioned by
and negligent act or omission by, or the willful misconduct of, Consultant, or its officers,
employees and agents in performing the Services.
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6.6 City shall indemnify, hold harmless 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 Reform
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
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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 temporary staffing agency acting as an
independent contractor and shall perform the Services as an independent contractor. Neither
City nor its agents shall have control over the conduct of Consultant, except as herein set
forth. City shall supply all necessary tools and instrumentalities required to perform 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 terminated 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 no amount shall be allowed for anticipated profit or
unperformed Services. 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.
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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.
By: By:
Pete Aguilar, Mayor
Attest:
Logan Bradley
Z'XeV ,(gBOR REAHV Approved by legal
a TRUEBLUE company 2014,06.3014:47:13
Sam Irwi 60 Clerk -07'00'
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EXHIBIT"A"
LABORBEADY.
a TRUEBLUE company
Name of primary contact person who will be assigned to handlethe City's requests.
Kenn Kaplan-Training Branch Manager
909-307-3779
kkaplan@laborready.com
Response time infilling the City's requests.
1-10employees lhour
10-20employees 3 hours
20+employee Dependent upon actual volume, 3 hours-24 hours
Hours of operation —address how before or after-hour requests would be handled
byyouragency.
Mon-Thurs: 5:30am-6:00pm Friday:
5:30am-6:00pm Saturday&Sunday:On-
Call
Labor Ready is available 2417 to respond to emergencies that may arise orto support last
minute staffing needs. Labor Ready operates a dedicated message center that is available
24/7 to relay messages to our branch staff. In addition you will have access to branch
manager and the district manager's cell phonefor emergency response.
Pricing — List your agency's fees/markup provisions. Also provide samples
of benchmark positions,the rate paid the employee and the bill rate.
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 $14.43
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Minimum hours to be paid for less than eight{8}hours worked.
Labor Ready has a minimum of four hours per worker per shift.
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Any fees involved in hiring a temporary employee assigned tothe 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 is fortunate enough to be offered a full-time position, we do not charge any
fees to our workers or our customers for hiring them on.
Background checks 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 1hour of submittal. There is
no additional cost for this service.
D rug sc ree n services and pricing,if any.
Labor Ready has the capability to perform 5 panel"in house" drug testing with urinalysis
kits.The process and results are immediate. There is no additional charge forthis 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 asks the 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 includes the 1-9 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, lying and entitlement mentality.
When workers fill out an application a safety test must be taken and safety films also
are shown daily in all of our branches.
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EXHIBIT "B11
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
X I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against Iiability for Workers' Compensation or to undertake self-
insurance
elfinsurance 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.
Labor Ready Southwest, Inc. Date: 6/3012014
i
Logan Bradley
•• •• ."` �•.-+•v Contract Services Assistant
2014.06.30 14:33:04-07'00'
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