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HomeMy WebLinkAbout2015-010 Muni Temps , PU em Municipal.-Staffing, Soluflons Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES, INC., dba MuniTemps, with its Corporate Mailing Address at MuniTenips Corporate Lockbox, PO Box 718, Imperial Beach, CA 91933 ("STAFFING FIRM"), and the CITY OF ATASCADERO, with its principal municipal office located at 6500 Palma Avenue Atascader® CA 93422 ("CITY") agree to the terms and conditions set forth in this Municipal Staffing Agreement(the "Agreement"). STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will: a. Recruit, screen, interview, and assign its employees ("Assigned Employees") to perform the type of work described on Exhibit A at the locations specified on Exhibit A; b. Supervise the temporary staffing services provided under this Agreement; c. Pay Assigned Employees' wages and provide them with the benefits that STAFFING FIRM offers to them; d. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; e. Prior to assigning any employees to perform any work for City, STAFFING FIRM will identify potential candidates to CITY that are 'Retired Annuitants" from the California Public Employees Retirement System (CaIPERS). CITY's Duties and Responsibilities 2. CITY will: a. Review quality and quantity of work performed by Assigned Employees and ensure professional work standards and technical requirements are performed to satisfaction of the CITY. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit STAFFING FIRM employees to operate any vehicle or mobile equipment (unless authorized under section 2.f. below), or entrust them cash, checks, , credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM's express prior written approval or as strictly required by the job description provided to STAFFING FIRM; b. Provide Assigned Employees with a safe work site and provide appropriate safety information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site; c. Not change Assigned Employees' job duties without STAFFING FIRM's express prior written approval-, and d. Exclude Assigned Employees from CITY's benefit pians, policies, and practices, and not make any offer or promise relating to Assigned Employees' compensation Rev. 8/12 � _.v..�.__..._..�..._.......__...._ ..�..�. Page 1 i G s � E._r r.��n,.�C'". c�parro J3,al rad ::�a'cu. I'�j::r_h. B i ooiinf 3m r�C4 9193 �' _e �� k�.enxi�o4afra'�Rg'satuire„_ e. STAFFING FIRM's employees may drive CITY vehicles and equipment if CITY assurnes liability for STAFFING FIRM's employees under CITY's auto insurance policy and names STAFFING FIRM as"additionally insured". Status of STAFFING FIRM and Assigned Employees 3. STAFFING FIRM enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Consultant and its officers (collectively hereinafter the "Consultant"), will perform the temporary staffing services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent business, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement, including Assigned Employees, will not be considered employees of City for any purposes. Consultant shall obtain no rights afforded to City employees, including, but not limited to, rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights_ The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant. Payment Terms, Bill Rates,and Fees 4. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A and will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM will invoice CITY for services provided under this Agreement on a Semi-Monthly basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CITY's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes STAFFING FIRM to bill CITY for those hours. If a portion of any invoice is disputed, CITY will pay the undisputed portion. 5. STAFFING FIRM shall email invoices and supporting timesheets directly to the CITY's Accounts Payable office with a copy sent to any designated Department of the CITY. 6. "Executive"Employees are presumed to be exempt from. laws requiring premium pay for overtime, holiday work,-or weekend work. These Employees are assigned on a fixed monthly salary contract which will be paid and pro rated on a bi-weekly pay cycle. When assigned Employee completes project at CITY, CITY will be required to pay the pro rated amount of the monthly salary contract agreed to in Exhibit A as of the full week ending last day worked at the CITY. 7. STAFFING FIRM may also provide"direct hire" (executive search)services if requested Rev. S/13 Page 2 �.. �'�C" [:v:Fn: la,�ho7l rp t`i €r s,110'or.'i!� rn pcncl 8c,octiU:-9I�3: l eIYt s'ti,exric}�::ih'er�-e&te c:I-&ot'.19s•a,3¢ " f�rnicfpaf.5%c tEne SaiuSons- � -r�....wv munrivr:w.cnm by the CITY. The direct hire fee is $10,000 for positions with annual salary "less than" $100,000 and $15,000 for positions with annually salary "greater than" $100,000. A separate Exhibit"A"would be provided for any direct hire services requested by CITY. Confidential Information 8. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and/or entitles and their representatives. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law, including the California Public Records Act. No knowledge,possession, or use of CITY's confidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. Cooperation 9. The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Indemnification and Limitation of Liability 10. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CITY and its directors, officers, agents, representatives, elected officials and employees harmless-from-all claims, losses, and liabilities (including reasonable attorneys' fees)to the extent caused by STAFFING FIRM's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of STAFFING FIRM or STAFFING FiRM's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 11. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFiNG FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees)to the extent caused by CITY's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or willful misconduct of CITY or CiTY's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 12. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise)and regardless of how characterized, even if such party has been advised of the possibility of such damages. '13. As a condition precedent to indemnification, the party seeking indemnification will inform trhe other party,within 15 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter. 14. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Rev. 5/13 Page 3 f'*,e^f- C`- Co={ar{t6 t int cir- , VM {• `..�t _J j:•.— 1GB3-ac3 dr -r 1-3o�-Er La7F � �'AActrsici�{C;triirsc�.5at.3Vecns ->!...o M m r,;tti.-�:bn Miscellaneous 15. Notwithstanding any other provision of this Agreement to the contrary, the provisions of paragraphs 9- 13 shall remain effective after termination or renewal of this Agreement. 16. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 17. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 18.This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 19.The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. 20.The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 21.CITY will not transfer or assign this Agreement without STAFFING FIRM's written consent. 22.Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier,addressed as shown on the first page of this Agreement. 23. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, {lot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party. 24.The provisions of this agreement shall be entered into according to the laws of the State of California. Term of Agreement 25. This Agreement will be for a term of 12 months from the first date on which both parties have executed it. This agreement may be extended for 12 additional months by mutual agreement of both parties. The Agreement may be terminated by either party upon 15 clays written notice to the other party, t ��' n;nar*�tu rvcllzea;fi�.-1r�c'a PO t+ar 7 EmPc+*gid t,�-it� t Q r _ fitiline. 1 066.'.Od aCod' 1 i£!d�!iQ 6e r Authorized representatives of the pat-ties have executed this Xe-`r�ement be€QtRf to express the parties' agreement to its terms. CITY OF ATASCADERO GOVERNMENT STAFRNG SERVICES, INC- Signature Signature Rache€ie Rickard John Herrera, CPA City Manager President / CEO 2 ,19%2615 2/19/2015 Rev. 5/1.3 Page 4 C d m m - x ¢ w c a c ti a U C Q U 2� �G c D G R�5 x ti) Q _ L G E m C J '•� m - - - u`i zi u gra rl _ ti a r - tn v � c r c - 9 " � n if �r L WIx 7F, Eli 1 ?. m LU C \ LoLov. r4 c ul D. c c o_ w - � j u-Z _ U F � m C[1 d 2 Q ry m � m _C .0 m Q U .0 w O CJ 1` 0 U O r� N dam u co E m r aaN E � m co CO C� 10 oQ o m d - Ob 10 E O co81 m y L u a c a O m o m E <CG E t73 m o c n E E U E L n K - p - (D -o E �•- ? z c 9 � w C o yy`o v _ o m 5 °a O N CO E QN ca U c = a m m N m 2- Rf CD o m w 'a E � E6 EL �to a£ m c aE am L' 0.c° a) 12 o _.6 '" 3 0 v -p N. U 7 q' - C N E m ° z a L m o t o Y N m m e •, c m $ 2 m c m U x.✓9 �.. © i- .� `• N c c a E m rmc rca ? u o c "'...`"'"'� L'' �, •'�_/1.,�. is.t=� o ° co U C7 U U n v a wZ, fly D I °r w o a c >• o E > �! 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