HomeMy WebLinkAboutContracts & Agreements_142-2013_CCv0001.pdf PROFESSIONAL SERVICES AGREEMENT
FOR TEMPORARY STAFFING SERVICES
This agreement for temporary staffing services ("Agreement") is made and entered into
this 16th day of July, 2013 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Labor Ready ("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 I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide temporary employment personnel services
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(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, 2014.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in
Consultant's proposal to City which is attached hereto as Exhibit "A" and incorporated
herein by this reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act and the Fair Employment and Housing Act.
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 will make reasonable provisions for Consultant to enter upon City-owned property
to perform the Services.
33 City designates its Quality of Life Director, or the Director's 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.
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3.4 City agrees to provide a safe workplace for all temporary placements provided by
Consultant 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 each temporary placement.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of One Hundred Thousand Dollars ($100,000). City shall pay Consultant a fixed
hourly rate for each temporary employee provided by Consultant, as shown in Exhibit
"A.95
4.2 Payments by City to Consultant shall be made within thirty (30) days after receipt and
approval by City of Consultant's invoice, by check payable to Consultant. Invoices shall
be sent to City on a weekly basis.
4.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
City: Consultant:
Quality of Life Department Labor Ready
City of Redlands 18 West Colton Avenue
PO Box 3005, Suite 222 Redlands, CA 92374
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 are to be given
by giving notice pursuant to this section.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 All 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 all 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. All insurance policies shall include a
provision prohibiting modification of coverage limits or cancellation of the policy except
upon thirty(30)days prior written notice to City.
5.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance in an amount which meets the statutory requirement with an insurance carrier
acceptable to City.
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5.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain
comprehensive 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.
Certificates of insurance and endorsements shall be delivered to City.
5.4 Professional Liability Insurance. Consultant shall secure and maintain professional
liability insurance in the amount of One Million Dollars($1,000,000)per claim made.
5.5 Commercial Blanket Bond. Consultant shall maintain bond coverage, with minimum
limits of Five Hundred Thousand Dollars ($500,000) liability.
5.6 Hold Harmless and Indemnification.
A. Consultant shall indemnify, hold harmless and defend 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 any act, omission or failure to act by Consultant, its officers, employees and agents in
performing the Services.
B. City shall indemnify, hold harmless and defend Consultant, and its officers,
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 any 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 6 -GENERAL CONSIDERATIONS
6.1 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
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relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use
of in-house counsel by a Party.
6.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, provisions and conditions of this
Agreement.
6.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any 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.
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6.4 Unless earlier terminated as provided for below, this Agreement shall terminate on June
30, 2014.
6.5 This Agreement may be terminated by City, in its sole discretion and without cause, by
providing five(5) business days' prior written notice to Consultant (delivered by certified
mail,return receipt requested) of intent to terminate.
6.6 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.
6.7 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
6.8 This Agreement, including the Exhibit 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. Any amendment to this Agreement shall be in
writing,approved by City and signed by City and Consultant.
6.9 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS LABOR READY
By: By:
Pete Aguilar', Mayo —K6hn Kaplan, Branch Mauager
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ATTEST:
Sam lrw4tit, Clerk
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EXHIBIT"A"
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1 'READY
1.UNDERSTANDING SCOPE OF SERVICES—Please describe your understanding of the services
to be performed and/or the product to be provided.Specific areas to address In the proposal
response Include the followings
a.Name of primary contact person who will be assigned to handle the City's requests.
Kenn[Caplan,April Baptists or Naomi Vasquez
b.Response time In filling the City's requests.
Response time after an order Is placed
1-10 employees 1 hour
10-20 employees 3 hours
20+employee Dependent upon actual volume,3 hours—24 hours
c.Hours of operation—address how before or after-hour requests would be handled by your
agency.
Mom-Thurs:5:30am-6.Dopm
Friday:5:30am-6.00pm
Saturday&Sunday.tan-Call
Labor Ready Is available 2417 to respond to emergencies that may arise or to 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 cel
phone for emergency response.
d.Pricing—List your agency's feastmarkup provisions.Also provide samples of benchmark
positions,the rata paid the employee and the bill rate.
Bill Rate$12.84 all positions
e.Minimum hours to be paid for less than eight(8)hours worked.
The minimum number of hours to be paid for a shift of less than eight hours Is four:
f.Any fees Involved In hiring a temporary employee assigned to the City,
Labor Reaeves in dohV everything in its power to help our workers grow bout personally and
professionally and we do not stand in the way of their success.if one of our workers Is forturuft enough
to be offered a ft#41me position,we do not charge any fees to out workers or our customers for hires
them ort.
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1ANORRENDY
g.Background checks services and pricing,if any.indicate whether or not background checks are
verified against a local,state,or national database.
No background checks for these positions
h.Drug screen services and pricing,If any.
Drug screens will be done post accident only.
1.Description of application screening,testing and selection procedures.Specify the computer
software programs used for testing candidates.
Application Process
Labor Ready uSGzes 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. The
employee also signs an acknowledgement that indemnifles the customer they are working for from
personal injury or liability claims,as they are an employee of labor Ready not the customer.
Right Match Dispatch
We do not send out workers first come,first served.Our application process identifies the past work
experience of every prospective temporary worker.This allows us to make sure that we are matching the
right employees and abilities to your job requirements.
Behavioral Screening
Labor Ready utilizes the services of American Tescror,Inc,the Innovative leader In electronic pre-
employment screening to effectively reduce employment risk.The 73-question Tescor survey assesses
behavior,not personality,and screens for violence,drug use,theft,lying and entitlement mentally.
J.Sample reports that match the criteria listed In the Agency Reporting section of the Scope of
Services(Exhibit A).
Please see attached"Labor Ready_Report&Invoice Samples'
.1"Off READY
k.Other qualifications that make your firm unique.
Every day thousands of Labor Ready temporary employees help businesses succeed And each day,our
Labor Ready branch staff provides jobs for people willing and able to perform an honest day's work for an
honest days pay.That's what we consider our greatest success:We put people to work We no other
company and we provide opportunities for personal and professional growth to everyone Involved.
Labor Ready perfected the on-demand business model for temporary help,establishing the worlds
largest general labor workforce.Because of our expert management of this resource,Labor Ready can
respond to yaw general labor needs.Our capabilities Include:
• Quick response,Including early momings and weekends.
•
Placement of large numbers of people In general labor positions for all Industries.
•
Specialization In tough-to-fill.high-tumover positions.
We offer complete mina account management through curwebsite,www.LaborReady.com.As an eCustorneryou
can use al or any of our onffne services according to your needs and preferences.Our online services Include the
followiry
• Orderworkers onthe
• Monitor your web orders 2417
• Oadernand reporting system:aging,invoice reprints,consolidated billing and more are offered and ernsiled to
you erectly
•
Invoices available for review 2417
' Make your payments online
• eal ft:have your bills emailed to you instead of getting them by mal
2.EXPERIENCE AND QUALIFICATION OF FIRM--Please list similar services successfully
accomplished within the fast three years.
Republic Services
The City of Loma Linda
The City of Yucaipa
8 years successful years with The City of Redlands
Job duties Include swampinglassisting refuge truck drivers with commercial waste.Unlock Garbage bin
enclosures.Place dumpster in position for the driver to dump.Replace and lock enclosures and move to
next locatlom
Repairing garbage bins.Replacing,plcking up and delivering new or repaired garbage bins to residences.
Cleaning It►e City Yard and maintaining(cleaning)equipment
Landfill job duties include litter control.Picking up trash that has blown into the orange groves and
warehouse areas around the landfill. Preparing the landfill for inspections and each day`s end.Sorting
recycling and materials.
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3.KEY PERSONNEL—Please provide names and qualifications of key personnel assigned to the
project,9 any In addition to primary contact person.These contacts should be available for
emergency communication 24 hours per day,seven days per week and contact Information
should include numbers for outside of regular business hours.
Kenn Kaman 951-834-8813
April Baptista 908-557-3081
Naomi Vasquez 909-893-8635
4.REFERENCES—Provide list of references from past and current clients within the last three years.
Public sector clients are preferred,but not required.Please verify accuracy of contact information.
The City of Redlands:
Louie Miranda 909-201-9477 City Yard Supervisor
William Vakiavta 961-8835937 Landfill Supervisor
Rodney Padias 909-841-4427 Landfill Supervisor
Republic Services:
George Wilkes Site Supervisor 951-203-5517
Leis Aylls Ske Supervisor 951-970-2009
Archie Washington 909-841-4752
Walden Structures:
Michael Dominid CFO 909-389-9100 x137
Gerardo Rios Plant Manager 951-403-5051
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