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HomeMy WebLinkAboutContracts & Agreements_115-2012_CCv0001.pdf PROFESSIONAL SERVICES AGRFFMFNT FOR TEMPORARY STAFFING SERVICES This agreement for temporary staffing services ("Agreement") is made and entered into this 13th day of July, 2012 ("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 I'l City hereby engages Consultant to provide temporary employment personnel 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. ARTICLE 2-SERVICES OF CONSULTANT 11 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 provision for Consultant to enter upon City-owned property to perform the Services. 33 City designates its Human Resources/Risk Management 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. 3.4 City agrees to provide a safe workplace for all temporary placements 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 each temporary placement. ARTICLE 4-PAYINVIENTAND NOTICE 4.1 The total annual compensation for Consultant's performance of the Services shalt not exceed the amount of Thirty Thousand Dollars (S30,000). 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." 4.2 Payments by City to Consultant shall be made vvithin fourteen (14) days after receipt and approval by City of Consultant's invoice,by check payable to Consultant. Invoices shall be sent 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: I luman Resources Department City of Redlands PO Box 3005 Redlands,CA 92373 Consultant: Labor Ready 18 West Colton Avenue Redlands,CA 92374 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. Consultant shall endeavor to provide at least thirty(30) days prior written notice to City in the event of cancellation of any insurance policy. 5,2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. Consultant shall endeavor to provide at least thirty (30) days prior written notice to City in the event of cancellation of any insurance policy. 53 Hold Harmless and Indemnification. A. Consultant shall indemnify,hold harmless and defend City,and its elected officials,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 Consultant,its officers,employees and agents in performing the Services, B, City shall indemnify, hold harmless and defend Consultant, 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, 5.4 Comprehensive General Liability Insurance, Consultant shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars (S,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. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall he delivered to City prior to commencement of the Services. 5.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of One Million Dollars ($1,000.000) per claim made. Certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the Services. 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 relief,be entitled to the recovery of its reasonable attorneys'fees, including fees for use of in-house counsel by a Party. 6?21 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, 63 All documents, records, drawings, designs. cost estimates. electronic data files, databases- and other documents developed by Consultant pursuant to this Agreement, 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 will be at City's sole risk, 6A 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. 6.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 6.6 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. 6.7 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. 6.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all services affected, 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 any 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 required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination, 6.9 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, 6,10 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 ofthe State of California, IN WITNESS WHEREOF, dulG• authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Labor Readv Southwest,Inc. Christopher Schenck > t Contracts Administrator 2012.07.7 8 09:54:57 I3}': �' Lay, -07'00' _nr_que M tinez, ity Mlanager Attest: ("6v Clerk ZABOR READY. Depenoable Temporary Labor OFFER TO SUPPLY TEMPORARY WORKERS Customer Name: CITY OF REDLANDS REDLANDS- 1585 Customer Address: P.O.BOX 3005/FINANCE DEPT,Redlands,CA US 92373 Quote: (0158681 Contact: LOUIE Effective Date: 01/03/2012 Customer Email: Expiration Date: 12/31/2012 The rates for using Labor Ready workers to perform the following job duties,under workers'compensation classification 9403 at SOLID WASTE will be as follows: Clean Up,Debris Removal Base Rate $12.84 Per Regular,Straight-Time Hour Refuse Collection Base Rate $12.84 Per Regular,Straight-` ime Hour Customer Signature: Date: Name: Tide: t. Labor R RcWmj8fflWg&. Included in Labor Ready's Regular Bill Rate are all wages,withholdings,FICA,Medicare,payroll taxes,unemployment insurance and workers'compensation insurance as required by law for supplied employees.If the workers' compensation classification above references a"WRAP"code,referring to a controlled insurance Program,the Regular Bill Rate does not include any charges related to workers'compensation insurance.This billing rate for services is Labor Ready branch specific and may require different pricing at Labor Ready branches throughout the country. 1 Customer RcsRQns'&Hitk& Customer must provide adequate supervision,accurately record all hours worked,including overtime; provide any meal and rest breaks required by law,notify Labor Ready when a job is subject to prevailing wage requirements,provide a correct and current wage determination(raw sheet). Customer will hold Labor Ready harmless for any back wages,penalties,fines, and reasonable markup ft-om any failure to properly identify such prevailing wage work. 3. Adjustrurat of BA Rates. The hourly bill rates set forth in this Agreement shall be in effect through the expiration date above,at which time the said bill rate will be subject to adjustment by Labor Ready to reflect increases in Labor Ready's actual and government mandated costs for wages,withholding amounts,taxes,assessments,and workers'compensat'on insurance coverage.On January I st of each caletWar year,the above bill rate will increase to reflect the cost of living percentage increase over the previous year.Further,if at any time should there be any increase in the governmentally mandated minimum wage,on the date the minimum wage increases,the bill rate will increase to reflect the costs associated with the minimum wage increase.Should them be a need for any other increase, Labor Ready will provide 30 days notice by mail and/or appointment. 4. 54ftlylt Since our workers will be under your supervision,they need to be included in your safety and health program and you are required to comply with safety regulations and provide any necessary site-specific safety training and equipment Labor Ready conducts a 20 point pre-employ ment safety screening and provides general safety awareness through our Health&Safety Program. We can also provide drug and background screening at your request for an additional fee. 5. We RgnA Dimingsaig Labor Ready is an equal opportunity employer and complies with the rules,and regulations related to equal employment opportunities.Our policy is"Best Match Dispatch",regardless of sex,race,or age. Customer agrees that it will not discriminate on the basis of sex,race,age,or any other protected category, 6, PjymmtL Our work week runs Saturday through Friday;terms of payment are NET SEVEN(7)DAYS FROM DATE OF INVOICE.There is a 4-hour minimum per worker per day unless the order is canceled at least 2 houas;in advance.Overtime and double time bill rates will be charged as applicable at l.5 and 2 times the Regular Bill Rate,respectively. 7. P GUA JR&NTE_L If you are unhappy with any worker for any reason,simply let us know within the first two hours. You will not be billed for that worker,and we will send out a replacement immediately! Labor Ready Signature: Date: 01103/2012 This Quote expires if not accepted within seven 7)days.