HomeMy WebLinkAboutContracts & Agreements_100-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of temporary staffing services ("Agreement") is made
and entered in this 15th day of June, 2021 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and AtWork Personnel Services, a California
corporation ("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 services for City
(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
2 1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by
reference,
2 2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to any applicable State
prevailing wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City designates Tommi Ng, Assistant Human Resources/Risk Management Director, as
City's representative with respect to performance of the Services, and such person shall
have the authonty to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the descnption set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference
4 2 The term of this Agreement shall be for a period of three (3) years from July 1 2021
through June 30, 2024 (the "Initial Term") City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended
Term"), on the same terms and conditions, by providing written notice to Consultant at
least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.
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4 3 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 three hundred thousand dollars ($300,000) for the period of three years of the
Initial Term, and shall not exceed the amount of two hundred thousand dollars for the two
additional one-year renewal options bringing the total compensation payable to an
amount not -to -exceed five hundred thousand dollar ($500,000) City shall pay Consultant
on a time and materials basis up to the not to exceed amount in accordance with Exhibit
"B" titled "Fee Schedule Title" which is attached hereto and incorporated herein by
reference
5 2 Consultant shall submit monthly invoices to City describing the Services performed
dunng 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 Services City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in wntmg. Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered marl, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the elate sent by facsimile or electronic marl transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section.
CITY.
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
Phone (909) 798-7531
CONSULTANT.
Judy Contreras, Regional Director
AtWork Personnel Services
1 1 801 Pierce Street Ste. 200
Riverside, CA 92505
choey@atwork.com
Phone (951) 297-3591
Fax. (951) 588-5517
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage
Consultant for the duration of its
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required by this Agreement shall be maintained by
performance of the Services. Consultant shall not
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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 pnor to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior wntten notice to City
A. 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 execute and provide City with Exhibit "C,"
titled "Workers' Coinpensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B Comprehensive General Liability insurance with earners acceptable to City in the
minimum amount 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
C 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 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
D Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior wntten consent of City In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor
6 2 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 any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents m performing the Services.
ARTICLE 7 — CONFLICTS OF IN I LREST
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
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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 a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant 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) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant 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 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 I 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. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8 3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth Consultant 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
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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 authonty, express or implied, to
bind City to any obligation.
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant 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 5 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 6 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, any
amendment to this Agreement shall be in wntrng, approved by City and signed by City
and Consultant.
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8 8 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
ATWOR ' PER;(EL SERVICES
By
Paul T Banch, Mayor Ju�F Co ,/eras, Regional Director
AIIEST
e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Approach and Methodology
1. Compliant Employment Practices
AtWork complies with all state federal and local requirements pertaining to employees including
Workers Compensation, ACA, California Paid Sick Leave, and California Injury and Illness
Prevention Program. AtWork is an equal opportunity employer and does not discriminate on the
basis of any protected category
Current focus is on maintaining safe and effective operations in light of COVID-19 restrictions
and adjusting operations in compliance with CDC COVID-19 recommendations as they evolve
AtWork offices have implemented remote work protocols and binned in -office personnel to half
capacity or less. Employees have been provided personal protection equipment in the form of
face coverings, and have been provided information on COV[-19 safety and prevention.
practices as well as hand sanitizes stations. Face coverings must be worn inside offices at all
times if there is more than one person in the office. Furniture has been distanced appropriately
Internal employees submit a daily Health Questionnaire to FIR and anyone with symptoms or
other nsk factors is asked to quarantine 14 days before returning to the office
To further limit exposure, a 100 percent electronic Recruiting and onboarding process has been
implemented, essentially eliminating the need for candidates to visit our offices in person If and
when an in -person visit becomes necessary, it will be by appointment and after completion of a
Health Questionnaire to help ensure employee safety
2. Staff Training
Internal employees undergo a two -week training period which focuses on operations,, processes,
systems, company culture, Mission & Core Values, customer service standards, and of course the
specific details of their job Training is conducted by senior staff and members of the executive
management team.
Assigned employees are carefully vetted to ensure they possess the skills and experience
required by our clients AtWork provides all candidates a clencal safety and/or light industnal
safety video followed by a comprehension test, which they must pass to proceed with the hinng
process. AtWork also ensures clients, in their direct supervisory role of our employees, follow
proper safety and training protocols as they would with their own employees. AtWork will
conduct an onsite inspection as part of this commitment, and also to ensure appropriate Workers
Compensation codes are being used.
3. Work Location and Staff Allocation
The City of Redlands account will be serviced primarily out of our Riverside location. Riverside
office operations are supported by a management executive and six senior recruiting staffers.
Due to the COVID-19 situation, office occupancy has been curtailed to SO percent and shifts
spread out, and our internal employees have been provided the technology and tools to operate
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remotely as needed, until conditions improve Employee productivity has not been impacted by
the pandemic
AtWork was well prepared for the pandemic, and took steps to mitigate its impact on operations
through the early implementation of social distancing, remote work, and electronic on boarding
protocols.
4. Approach to Accomplish Scope of Work Requirements
AtWork's procedures and technology are perfectly suited to accommodate all City of Redlands
requirements as descnbed in the Scope of Work. AtWork is an equal opportunity employer and
does not discriminate based on any protected category AtWork will diligently and professionally
fill City of Redlands job orders with qualified candidates, per City of Redlands requirements and
will not subcontract or offshore any of the work. AtWork's approach to meeting the contingent
hiring needs of City of Redlands is as follows
I Sourcing and Recruiting
When City of Redlands submits a job order to AtWork, Assistant Branch manager
Shannon Lunn will be the City of Redlands' point of contact (POC) Orders may be
submitted via email Ms Lunn shall determine the best approach to filling the order
AtWork understands speed is of the essence- but does not take shortcuts to finding the
right applicant.
As an independent AtWork Franchisee, our company believes in a "whatever it takes" approach
to fill job orders with success and excellence The process is carried out as follows, and varies as
client needs dictate
a. City of Redlands submits a job order Assistant Branch manager Shannon Lunn
confirms job order details with the City of Redlands Point of Contact and obtains any
additional information relevant to effectively filling the position.
b Begin the search Ms Lunn and her team will start with her offices existing active
candidate pool, a curated list of exemplary applicants who we know will make great
candidates. Ms Lunn and staff will then search AtWork's proprietary database which
contains thousands of applicants' information. They will also search for candidates and
review resumes through Monster, Indeed, CareerButlder, Craigslist, CalJobs and more, as
needed.
c Advertising. Simultaneously, an appropriately -calibrated marketing and advertising
recruiting campaign is activated. Depending on the position type, vanous channels,
organic and paid, will be utilized to attract candidates to apply AtWork utilizes advanced
recruiting software form ApplicantStack, which let's AtWork recruiters simultaneously
post ads to dozens of Job boards including the nationwide AtWork Job Board, Google for
Jobs, Indeed, CareerButlder, Glassdoor Linkedln, Monster and more. Craigslist is also
utilized as needed. Job postings are routed to AtWork SoCal's Facebook and Twitter
accounts. As needed, AtWork will also run paid, targeted campaigns on Facebook and
Craigslist. Since AtWorkSoCal has an established web presence and follows standardized
posting procedures, our ads are picked up or "scraped" by hundreds of smaller job boards
as well Our goal is to fill City of Redlands' orders as quickly and efficiently
d. Candidate recruiting, vetting and onboarding: Ms Lunn and team will make contact
with possible candidates, usually by telephone or email, to determine level of interest,
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confirm qualifications, and then arrange a video conference call, or in -person interview to
move the candidate forward in the application process They will venfy professional
references and employment history at this point and address any gaps or inconsistencies
in the resume They will also determine if the candidate has any family relationship with
any City of Redlands employee or official and obtain approval before proceeding with
can di date
Volume orders, Expedited orders, Special orders Additional staff familiar with the City of
Redlands account will be assigned to the recruiting effort in support of Ms Lunn's activities to
assist in managing larger job orders, those that need to be expedited, or orders requiring the
implementation of additional resources to fill Additional staff may include Senior Account
Manager Karen Kaplan as well as staff recruiters, depending on situational needs
If the candidate is green lighted as a good possibility and professional references check out, they
are immediately sent on boarding documentation for review and e-signature The candidate is
sent an email containing a link to their own candidate portal Once in the portal, the candidate is
provided a 1 1st of tasks which include completion of various required documents, including an
authonzation for a background check and/or drug test, and Form-19 Most candidates complete
the process in one day
Candidates may return to the portal as needed to complete their digital paperwork or upload
required documentation such as Identification and proof of eligibility to work in the United
States. Once the candidate completes their assigned tasks, Ms Lunn is notified by the
ApplicantStack system. AtWork then verifies eligibility to work in the United States and submits
the background check to our sister company At Backgrounds for processing in compliance with
City of Redlands standards. When results come back, usually within 24 hours, the candidate is
officially an AtWork employee. Naturally, some background checks can take longer depending
on exact components requested by clients. For example, education verifications directly through
the educational institution tend to take longer
For drivers, AtWork shall ensure candidates possess required CDL and endorsements depending
on exact position.
e Skills testing: AtWork utilizes E-Skill, the leader in on -demand skills testing. Testing
details depend on client requirements and position type, and may be customized. Test
results are provided along with resumes when a candidate is submitted to City of
Redlands for consideration
f Candidate Submitted to City of Redlands Ms Lunn will then submit qualified
candidate resumes to the City of Redlands and coordinate any further interviews as
required by the City If no further interviews are required, Ms. Lunn will provide the
employee the necessary information to report on time, in proper attire and at the location
specified by the City of Redlands, ready to work. AtWork will stnve to designate a
qualified employee at least two days prior to assignment start.
g. Addressing the Challenges of Hiring During COVID-19 through technology.
COVID-19 has undoubtedly changed hiring practices, with in -person contact with
multiple people presenting significant risk. By design, AtWork's systems support a fully
electronic recriutinent process from initial application to placement at client locations
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Through our ApplicantStack application and onboarding process, there is no need for
applicants to make an in -person visit to our offices If an in -person visit is necessary,
AtWork has activated COVID-19 protocols which include visitors by appointment only,
any visitors complete a COVID-19 health questionnaire, all employees complete a daily
health questionnaire, plexiglass barriers have been installed, furniture has been distanced,
surfaces are regularly disinfected and the number of people permitted in the branch has
been limited to SO percent capacity Because our systems support complete remote work
functionality, AtWork nunimizes COVED-19 risk through the implementation of remote
work protocols.
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EXHIBIT "B"
Fee Schedule
Category 1
• Accounting Clerical (Accounting Clerk, Accounts Payable Clerk,
Purchasing Clerk)
• General Clerical (Office Assist ant, Office Specialist)
• Skilled Clerical/Administrative (Administrative Assistant, Senior
Administrative Assistant)
• Accounting Technical (Accounting Technician, Accounts Payable
Technician)
• Customer Service Technical (Customer Services Representative)
• Information Technology Technical (Client Services Specialist)
• Geographic Information Systems (GIS) Professional (GIS Analyst,
GIS Specialist )
• Information Technology Professional (Database Analyst, System s
Analyst, Programmer)
• Custodial (Janitorial)*
• Specialty Management (Public Sector Discipline e g. Planning,
Purchasing, Water Utilities, Engmeenng, Human Resources, Risk
Management, Fire, Police, Public Works)
Category 1
Mark up
42%*
*Except Custodial (Janitorial). Markup is 69% for the position as it has
a higher Workers Compensation rate than other positions listed in
Category 1
Category 2
• Light Industrial (Maintenance Worker)
• Heavy Industrial (Solid Waste Collector, Solid Waste Truck
Drivers, Backhoe Operators)
Category 2
Mark up
69%
Mark up
Includes
AtWork's Rate includes account management, recruiting and general
administrative expenses and mandated federal, state and local taxes and
Workers Compensation insurance It also includes Affordable Care Act
and California Paid Sick Leave expenses, a line item for which AtWork
normally charges 4%. Markup rate also includes a criminal records
background check.
Conversions - Vo Fee alter 520 flours
Hours of Service Performed by Temporary
Em•Io ee
Conversion Fee Based on Annual Salary
0-160hours
20%
161 320 hours
18 %
321 480 hours
15 %
481 519hours
12%
520-- 720 hours
Waived
$0
721 +hours
Waived
$0
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EXHIBIT "C"
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
1 am aware of the provisions of Section 3700 of the Labor Code which requires every
eT p1oyer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and 1 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 1 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 Ctty with a certificate of consent to self -insure, or a certification of workers
compensation insurance.
1 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.
ATWO K _PERSO` II f:L SERVICES
Date
Jud j ..onti. as, Regional Director
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