Loading...
HomeMy WebLinkAboutContracts & Agreements_159-2009_CCv0001.pdf mow: AGREEMENT TO FURNISH TEMPORAR EMPLOYMENT PERSONNEL SERVICE This agreement for temporary employment personnel services{"Agreement") i m dlandsade nd, rand between the City o entered into this 13`"day of October,2009{"Effective Date" ,by between and a municipal corporation ("City") and Finesse Personnel Associatesand,,tooether�,as he"Parties." Consultant are sometimes individually referred to herein as a Party g In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I -ENGAGEMENT OF CONSULTANT hereby engages Consultant to provide temporary employment personnel services{the 1.1 City "Services"}. ant 1.2 The Services shall be performed by Consultant ionan a professional expertise necessary t dprovide tthe represents that it has the skill and the pr ofessioother racticing Services to City at a level °i industry rovid ency -presently g like land similar types of Services. professional consultants in the ry p ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly and inedarpoatd herein by this proposal to City which is attached hereto as Exhibit reference. l laws and atins in I comply with all applicable Federal State 1 mitedto, the and aAmegr clans 2.2 Consultant shalot with the performance of this Agreement including, b 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. C will make reasonable provision for Consultant to enter upon.City-owned property to 3.2 City perform the Services. designee, as 3.3 City designates its Human. Resources Director,nce of the Services,and such person rform on shall have City's representative with respect to pe the authority to transmit instructions,receive information,interpret and define City's policies and decisions with respect to performance of the Services. City agrees to provide a safe workplace for all temporary placements provided pursuant to 3.4 this Agreement. City further agrees to abide by all applicable state and federal employment 1:ca.d m`A r n nts,C`is esse Personnel. rU l y Title VII of the Civil Rights Act of 1964, the Age ir laws, including but not limited to, Discrimination in Employment Act, Americans with Disabilities Act, the California keep Employment and Housing Act, and the California Labor Code. City shall accurately eep Placement- and submit timecards for each temporary 3.5 During the term of this Agreement,and for a period of(1)year following the termination of loyment any employee of this Agreement,City shall not solicit or attempt to solicit,for anyone else to do so on its Finesse Personnel Associates;and City shall not request or allow behalf. ARTICLE 4-PAYMENT AND NOTICE formance o 4.1 The total compensation for Consultant's perofthe shall negotiate each temporary amount of Thirty-Two Thousand Dollars (532,000). Yin to ee's hourly rate on a case by case basis with Con Ishown and n Exhibit" A." such empy hourly rate,pay the Consultant the percentage mar up to Consultant shall be made within fourteen(14) days after receipt and 4.2 Payments by City heck a able to Consultant. Invoices shall approval by City of Consultants invoice,by c p y be sent on a weekly basis. 4.3 All notices shall be given in writing by per delivery or by mail. Notices, sent by mail should be addressed as follows: Human Resources Department City: City of Redlands P©Box 3005 Redlands,CA 92373 Consultant: Finesse Personnel Services 2900 Adams,Building C. Suite 13 Riverside, CA 92504 osit in the United States Mail, When so addressed, such notices shall be deemed given uponon po whom notices are to be giv1en. Changes may be made in the names and addresses of the pets by giving notice pursuant to this section. ARTICLE 5 -INSURANCE AND INDEMNIFICATION r the 5.1 All thall n insurance required by this Agreement shall be maintained by any Services orvices unless duration and of its performance of the Services. Consultant s evidencing such insurance prior to un 'I all required insurance listed below is obtained by Consultant Consultant shall provide u City with certificates of insurance and endorsements commencement of the Services. All insurance policies shall include a provision prohibiting 2 1.',ca�,djm�Agreemeaifs\Finesse t'ersonnel. oc �ry F of coverage limits or cancellation of the policy except upon thirty (30) days modification g prior written notice to City. 5.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability atutory insurance throughout the duration of this Agreement in anThe insurance policy shallmount which meets the include requirement with an insurance carrier acceptable to City days prior written a provision prohibiting cancellation of said policy except upon thirty(30) notice to City. 5.3 Hold Harmless and Indemnification. A. Consultant shall indemnify,hold harmless and defend City,and its elected officials,and ainst an and all claims, losses or liability, including employes and agents, from and ag y occasioned by attorneys' fees,arising from injury odeath onsulltant its officergs, employee to es and agents in any act, omission or failure to y performing the Services. B. Ci shall indemnify, hold harmless and defend Consultant, and its officers, and city em ng loyees and agents, from and. against any and ns oradamage to property liability,occasioned�by p or death to persons attorneys fees,arising from injury or its elected officials, employees or agents, to any act, omission or failure to act by City, abide by any applicable state or federal employment laws. intain in 5 Comprehensive General Liability Insurance. Consultant comprehensive general liability insurancef with throughout the duration of the Agreement compr g carriers acceptable to City. Minimum coverageofOnlfor public liabion Dollars lity, property occurrence and Two Million Dollars (. City named aggregate damage and personal injury is required. City shat be named as an additional Insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. 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 prior to commencement of the Services. ssional iability 5 5 Professional Liability Insurance. Consultant shall setup the amountf Onand maintain e Million Dollars insurance throughout the duration of this Agreemen l,ppp,000) per claim made. Certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the Services. all to ility 5.6 Business Auto Liability Insurance. Consultant Dollasmaintainl000,000) peruoccurre occurrence, coverage, with minimum limits of One Million damage liability.This coverage combined single limit for bodily injury liability and property g shall include all Consultant owned vehicles used onthe h ri proje poled shall non-owned a ce vehicles, and employee non-ownership vehicles. T he provision prohibiting modification of coverage limits or cancellation of the policy except {30 days prior��ritten notice to City. Such insurance shall be primary and non- provision thirty ) } 3 �� I.'ca'djni',Agteements"ixincsseF'ersc7nnz]. oc z Ci shall be named as contributing to any insuranceor self insuranceif cte of 1 abilitymaintained in ane and endorsement shall be an additional insured and cert delivered to City prior to commencement of the Services. ARTICLE b - GENERAL CONSIDER ATIC?NS iti ns 6.1 In the event any action is commenced to enforce or addition interpret to any casts and other the terms or rel reof this Agreement the prevailing Party shall, in. 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 and condi priorh the vison ons of this Agreement. and in strict compliance with the terms,pro a files, 6.3 All documents, records, drawings, designs, casteto selectronic Ag°em tat and anydcopyright and other documents developed by Consultant pursuant of City and shall be delivered to City interest in such documents,shall become the property upon completion of the Services,or upon therequest o City.e risky reuse of such documents and any use of incomplete documents will b City's 6.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services. All ent shall Consultantel oranyppersonnel yed Consultant are for its account only, and in no e retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. 6.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by ty inated by City, in its sole discretion and without cause, by 6,6 This Agreement may be term Providingg five(5) business days' prior written notice to Consultant(delivered by certified mail,return receipt requested) of intent to terminate. adto Consultant's l be 6.7 If this Agreement is terminated by City,an justn►eated rofit or unperformed seon rvices,land. made,but(l)no amount shall be allowed for anticipated p (2) any payment due Consultant at the time of termination may Ca sbe adjusted to the extent of any additional costs to City occasioned by any default by l services 6.8 Upon receipt of a termination notice,Consultant tion deliver or otherwise affected,and within five(5)days of the date of the te�inaimmediatelyall l make available to City,copies(in both hard copy and electronic form.,where applicable)of any data, design calculations, drawings, specifications,been accumulated by Consultantrin such other information and materials as may have sle-SIM. performing the Services required by this Agreement. Consultant shall be compensated on a pro-rata basis for workcompleted up until notice of termination. 4 an'. l.'ca cl1m`Areefnents';Finesse i'wrsonnel.dcx r and accounts of all payroll costs and expenses related to the 6.9 Consultant shall maintain books ll reasonable times for examination by City at Services. Such books shall be available at a the office of Consultant. 6.1.0 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. 6.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 1\ca,djinLAgreenientvFinesse PersonneLdoc IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS FINESSE PERSONNEL ASSOCIATES $ By. N.5 Enr' c . artinez, C' M ager Attest: 1 J City Cferk ' I:ca'djm,tatgreeiiients,t'Inesse Personnel-d e i EXHIBIT "A" i FINESSE PERSONNEL ASSOCIATES STAFFING SERVICES FOR CITY OF REDLANDS � i Temnorar�Placements Fees for temporary placements will be billed at a Service Rate of 30%of the hourly Pay Rate. The City shall not be liable for any fees for any temporary employee who has not passed the City's"background check." For example: $11/hr. Pay Rate=$15.40fhr. Bill Rate. Temporary placements will be invoiced weekly and payable within 7 days of the City's receipt of an invoice. Tema to Hire Process our contract to hire program is a 520-hour(90 day working days)process that allows the City, as an employer to evaluate a potential new employee while on the job before deciding whether to offer full or part-time regular employment. Under our contract to hire program, the Service Rate is 30%and during this time Finesse Personnel will handle the payroll,taxes, criminal background check, references and insurance for the employee. At the end of the probationary period the City may take the employee directly onto City staff at no additional cost. If for some reason the employee does not fit the City's needs prior to the completion of 520 hours.we will find you a replacement immediately. TeMp to Hire Liquidation Process Liquidation fees will be invoiced to the City, if the City decides to hire the temporary employee before the employee has completed 520 hours. The liquidation fee is due within 15 calendar days of that date. If the City uses a temporary employee from Finesse Personnel, and ends the assignment before hiring the employee,the City may not hire the employee back an its own or through any other affiliate,unless 12 months(365 days)or more has passed. If the City does,the full liquidation. fee for that position is due and payable to Finesse Personnel Associates. The City's hiring of our employee constitutes the City's agreement with the terms and conditions stated herein. Guarantee Policy for Liquidations There will be no guarantee extended on Finesse employees hired through our liquidation process. This policy is based on your qualification of the employee's work ethic, skill level,productivity s and reliability during the temporary work assignment. 1 c A-1 Liquidation Fees Our liquidation fee is determined by the amount of hours an employee has completed on any given temporary assignment. Considered hours will be those worked by the proposed hire employee only. This schedule is as follows: 41 — 172 hours completed on assignment= 15%of annual gross salary of said employee 173 —344 hours completed on assignment= 12%of annual gross salary of said employee 345— 519 hours completed on assignment= 10%of annual gross salary of said employee 520+ hours completed on assignment=No additional fees will be assessed A-2