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HomeMy WebLinkAbout1994-02-15; City Council; 12591; UPDATING TEMPORARY EMPLOYMENT AGENCY CONTRACTSAB # B?- MTG. 2-L5:94- DEPT. HR 1 TITLE: DEF UPDATING TEMPORARY EMPLOYMENT CIT AGENCY CONTRACTS CIT a 3 z 0 0 F a e z 3 0 0 I . Resolution NO. -7Li-53. 2. Three (3) contracts listed above. 8 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 1'7 18 l9 20 21 22 23 . 24 25 26 27 28 e 0 RESOLUTION NO. 94-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR TEMPORARY EMPLOYMENT AGENCY SERVICES. WHEREAS, the City Council has determined that it is desirable and necessary to retain temporary employment agency services for use throughout the City. NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That the City Council approves an agreement authorizing the retention of Volt Temporary Services as a temporary employment agency. 3. That the City Council approves an agreement authorizing the retention of Thomas Temporary Services as a temporary employment agency. 4. That the City Council approves an agreement authorizing the retention of Manpower Temporary Services as a temporary em p I oy m en t ag ency . 5. That funds are available in the departmental operati budgets for fiscal year 1993-94. 'n 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 l9 20 21 22 23 . 24 25 26 27 28 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 3 day of FEBRUARY , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fir NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City klerk (SEAL) 0 0 AGREEMENT THIS AGREEMENT, made and entered into as of the 17th day of FEBRUARY 1994 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Volt Temporary Services, hereinafter referred to as "Agency REClTALS City requires the services of a temporary employment agency to provide short term temporary assignments as needed by the City; and the Agency possesses the necessary skills and qualifications to provide the short-term temporary assignments required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City and Agency agree as follows: 1. AGENCY'S 0 BLIGATIONS The Agency will agree to provide the City with individuals to work short-term temporary assignments as required by the City. 2. CITY OBLIGATIO NS The City shall provide the Agency with a centralized contact in the Human Resources Department for placement of temporary agency employees within all Ci departments. The City shall have no obligation to use agency services exclusively or use 1 Rev. 912 0 0 certain amount of services. 3. FEES TO BF PAID TO AG ENCY The fees to be paid to the Agency will be based upon the rates assigned for each of the following classifications: GI ASSIF CATIONS l2lulKm PAYROLL RAT& Account Clerk, Jr. $1 0.50-1 1.20 X 1.32 Yo Account Clerk, Sr. $1 1.90-1 2.60 x 1.32 % Clerk Typist $9.45-1 0.80 X 1.32 Yo ReceptionistlCashier $9.45-1 0.80 X 1.32 Yo Secretary $1 0.80-1 3.50 X 1.32 Yo Executive Secretary $1 3.50-1 6.20 X 1.32 Yo Engineering Aid- Entry $1 2.1 5-20.25 X 1.32 Yo Computer Program mer $20.25-47.25 X 1.32 Yo Skilled Maintenance Worker $1 1.20-22.50 X 1.35 Yo - 1 .So% (depending on duties) Custodian $8.40-1 3.05 X 1.35 Yo *The above rates shall remain in effect for duration of contract barring any unforese increases in insurance rates and minimum wage. The Agency will provide the City with a 30 day written notice before such an increase is to occur. The City may terminate this agreement upon the end of the 30 day written notice if the increases not acceptable to the City. 2 Rev. 912 e e 4. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. T contract may be extended by the City Manager for 3 additional one (1) year periods parts thereof, based upon satisfactory performance and the City's needs. The Agency shall submit to the City the bill rates for the next years' services r later than July 1, 1994. If the City Manager accepts the rates, the Contract shall be amended and renewed for an additional one (1) year period. The same procedure to be followed for the additional (1) year periods. The parties may indicate the rene by appending this document in writing indicating such renewal. 5. PAYMENT OF FEES The Agency will generate invoices based on actual hours worked on a week basis. Invoices will automatically reflect: Name of Employee Job Classification Hourly Billing or Payroll Rate Number of Hours Worked Department Name Invoices will reflect one City department per invoice, and will be sent to the Human Resources Department for verification. The Human Resources Departmenl will submit to the appropriate department for authorization of payment. Invoices wil paid by the Finance Department upon receipt of approved payment within 10 worki days. 3 Rev. 912 e 0 , 6. COVENANTS AGAINST CO NTINGENT FEES The Agency warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Agency, to solicit or secure this agreement, and that Agency has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerag fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from thl agreement price or considerations, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 7. NONDISCRIMINATION CLAUSE The Agency shall comply with the state, federal and local laws regarding nondiscrimination. 8. TERMINATION OF CO NTRACT In the event of the Agency's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance notifying the Agency by certified mail of the termination of the Agency. 9. DISPUTES If a dispute should arise regarding the performance of work under this agreeme0 the following procedure shall be used to resolve any question of fact or interpretatic not otherwise settled by agreement between parties. Such questions, if they becor 4 Rev. 9/2: e 0 identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Agency or the City's Huma Resources Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both patties. The City 's Human Resources Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedu shall prohibit the parties seeking remedies available to them at law. IO. sus PENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) day: written notice to the other party. In the event of such suspension or termination, upor request of the City, the Agency shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks completr and the compensation to be made. 11. STATUS OF THE AGENCY The Agency shall perform the services provided for herein in Agency's own way an independent contractor and in pursuit of Agency's independent calling, and not i an employee of the City. Agency shall be under control of the City only as to the re: 5 Rev. 9/21 e W to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons provided to the City by the Agency for services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Agency is an independent contractor of the City. The payment made to the Agency pursuant to the contract shall be the full and complete compensation to whic the Agency is entitled. The City shall not make any federal or state tax withholdings behalf of the Agency or its employees or independent contractors. The City shall not be required to pay any workers' compensation insurance on behalf of the Agency 01 employees or independent contractors. The Agency agrees to indemnify the City fo any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Agency or any employee of the Agency for work done under this agreement. The Agency shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and agencies that are included in this agreement. 12. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Agency or Agency's agents, employees, or representatives. Agency agrees to defend, indemnify, and save frec 6 Rev. 9/2 0 0 and harmless the City and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of allege( defects in any plans and specifications, and any cost, expense or attorney's fees whir are incurred by the City on account of any of the foregoing. 13. ASSIGNMENT OF CO NTRACT The Agency shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 14. SUBCONTRACTING If the Agency shall subcontract any of the work to be performed under this contra1 by the Agency, Agency shall be fully responsible to the City for the acts and omissi0 of Agency's subcontractor and of the persons either directly or indirectly employed t the subcontractor, as Agency is for the acts and omissions of pelsons directly employed by agency. Nothing contained in this contract shall create any contractu; relationship between any subcontractor of Agency and the City. The Agency shall bind every subcontractor and every subcontractor of a subcontractor by the terms o this contract applicable to Agency's work unless specifically noted to the contrary ir the subcontract in question approved in writing by the City. 15. PROHIBITED INT EREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of this agreement, shall become directly or indirectly interested person; 7 Rev. 91; 0 0 in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 16. VERBAL AGREEMENT OR CO NVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Agency to any additional payment whatsoever under the terms of this contract. 17. SUCC ESSORS 0 R ASSIGNS Subject to the provisions of Paragraph 12, "Hold Harmless Agreement," all terms conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, an1 assigns. 18. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abot 19. INSURANCE The Agency shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's compensation ar a Rev. 912 0 W employers liability insurance from an insurance company authorized to do business ir the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 9 Rev. 9/22 0 0 The City shall be named as an additional insured on these policies. The Agency shall furnish certificates of insurance to the City before commencement of work. Executed by Agency this 5th day of October , l@-? AGENCY: VOLT TEMPORARY SERVICES CITY OF CARLSBAD, a municipal ipq.!%;fL /? .y; Ofl?L.tY, 'fgn her Margie Corpuz-O'Neill (print name here) Vice President, Contracts & Sales Admin. Volt Temporary Services (title and organization of signatory) ATTEST: . ALETHA L. RAUTENKRANZ dA City Clerk Janella K. Simps& Assistant Secretary (Proper notarial acknowledgment of execution by AGENCY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution cert by the secretary or assistant secretary under corporate seal empowering that office bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY L Q.L Deputy City Attorney 2/16 1% 10 Rev. 9/: e m AGREEMENT THIS AGREEMENT, made and entered into as of the Ehday of FEBRUARY, 1994, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Thomas Temporaries, hereinafter referred to as "Agency." PEC ITA LS City requires the services of a temporary employment agency to provide short- term temporary assignments as needed by the City; and the Agency possesses the necessary skills and qualifications to provide the Short-term temporary assignments required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenar contained herein, City and Agency agree as follows: 1. AGENCY'S 0 BLlGATlONS The Agency will agree to provide the City with individuals to work short-term temporary assignments as required by the City. Agency employees are not permittt to operate motor vehicles in the course of carrying out City assignments. 2. CITY OBLIGATIONS The City shall provide the Agency with a centralized contact in the Human Resources Department for placement of temporary agency employees within all Ci departments. 1 Rev. 9/; 0 m The City shall have no obligation to use agency services exclusively or use a certain amount of services. 3. fl The fees to be paid to the Agency will be based upon the rates assigned for each of the following classifications: C LASS I F I CAT1 0 NS Account Clerk $8.79-9.56 x 1.21 Yo Assistant Bookkeeper $1 0.20-1 1.47 x 1.21 Yo Clerk Typist (35 wpm) $8.28-8.67 x 1.21 Yo Clerk Typist (50 wpm) $9.24-9.94 x 1.21 Yo Receptionist $7.96-8.54 x 1.21 O/O Receptionist-why ping $8.28-8.98 x 1.21 Yo Rece ptioni st/swi tc h board $8.98-1 0.20 x 1.21 Yo Secretary-w/word processing $1 0.20-1 0.53 x 1.21 Yo Secretary-w/word processing/ $1 0.20-1 1 -04 x 1.21 Yo Executive Secretary $10.83-1 1.47 x 1.21 Yo Executive Secretary/Multiple $1 1.47-1 2.46 x 1.21 % E!.uAuE PAYROl I, RATFS & dictaphone Softwares *Rates effective from June 1 , 1993 through May 31, 1994, with the exception of an) unforeseen increase in state or federal minimum wage requirements, mandated unemployment charges, Workers’ Compensation increases, or employer paid tax increases. The Agency will provide the City with a 30 day written notice before su( an increase is to occur. The City may terminate this agreement upon the end of thc day written notice if the increases are not acceptable to the City. 2 Rev. 9/: 0 w 4. DURATION OF CO NTRACT This agreement shall extend for a period of one (1) year from date thereof. Tht contract may be extended by the City Manager for 3 additional one (1) year periods o parts thereof, based upon satisfactory performance and the City's needs. The Agency shall submit to the City the bill rates for the next years' services nc later than July 1, 1994. If the City accepts the rates, the Contract shall be amended and renewed for an additional one (1) year period. The same procedure is to be followed for the additional (1) year periods. The parties shall indicate the renewal by appending this document in writing indicating such renewal. 5. PAYMENT OF FEES The Agency will generate invoices based on actual hours worked on a weekl] basis. Invoices will automatically reflect: 0 Name of Employee 0 Job Classification 0 Hourly Billing or Payroll Rate 0 Number of Hours Worked 0 Department Name Invoices will reflect one City department per invoice, and will be sent to the Human Resources Department for verification. The Human Resources Department will submit to the appropriate department for authorization of payment. Invoices wil paid by the Finance Department upon their receipt of approved payment within 10 working days. 3 Rev. 9/2 a W 6. COVENANTS AGAINST CONTINGENT FEES The Agency warrants that their firm has not employed or retained any compar or person, other than a bona fide employee working for the Agency, to solicit or secu this agreement, and that Agency has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokera fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall ha\ the right to annul this agreement without liability, or, in its discretion, to deduct from I agreement price or considerations, or othetwise recover, the full amount of such fee commission, percentage, brokerage fees, gift, or contingent fee. 7. NONDISCRIMINATION CLAUSE The Agency shall comply with the state, federal and local laws regarding nondiscrimination. 8. TERMINATION OF CO NTRACT In the event of the Agency's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperforrnancc notifying the Agency by certified mail of the termination of the Agency. 9. DISPUTES If a dispute should arise regarding the performance of work under this agreeme the following procedure shall be used to resolve any question of fact or interpretatil 4 Rev. 912 e W not otherwise settled by agreement between parties. Such questions, if they becom identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Agency or the City's Hum; Resources Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City 's Human Resources Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieve( party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedi shall prohibit the parties seeking remedies available to them at law. 10. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) da) written notice to the other party. In the event of such suspension or termination, upc request of the City, the Agency shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks complc and the compensation to be made. 11. STATUS OF THE AGENCY The Agency shall perform the services provided for herein in Agency's own wa- an independent contractor and in pursuit of Agency's independent calling, and noi 5 Rev. 91: 0 W an employee of the City. Agency shall be under control of the City only as to the rex to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons provided to the City by the Agency for services under this agreement shall not be considered employees of the City for any purpose whatsoevc The Agency is an independent contractor of the City. The payment made to the Agency pursuant to the contract shall be the full and complete compensation to whic the Agency is entitled. The City shall not make any federal or state tax withholdings behalf of the Agency or its employees or independent contractors. The City shall no1 be required to pay any workers' compensation insurance on behalf of the Agency 01 employees or independent contractors. The Agency agrees to indemnify the City fo any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Agency or any employee of the Agency for work done under this agreement. The Agency shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and agencies that are included in this agreement. 12. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Agency or Agency's agents, employees, or representatives. Agency agrees to defend, indemnify, and save fre 6 Rev. 9/: e W and harmless the City and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of allegec defects in any plans and specifications, and any cost, expense or attorney's fees whir are incurred by the City on account of any of the foregoing. 13. ASSIGNMENT OF CONTRACT The Agency shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 14. SUBCONTRACTING If the Agency shall subcontract any of the work to be performed under this contrac by the Agency, Agency shall be fully responsible to the City for the acts and omissio of Agency's subcontractor and of the persons either directly or indirectly employed t the subcontractor, as Agency is for the acts and omissions of persons directly employed by agency. Nothing contained in this contract shall create any contractu: relationship between any subcontractor of Agency and the City. The Agency shall bind every subcontractor and every subcontractor of a subcontractor by the terms 0' this contract applicable to Agency's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 15. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of this agreement, shall become directly or indirectly interested persone a Rev. 9f2 0 W in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 16. VERBAL AGREEMENT OR CO NVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modi6 any of the terms or obligations herein contained nor entitle the Agency to any additional payment whatsoever under the terms of this contract. 17. SU CCESSORS OR ASSIGNS Subject to the provisions of Paragraph 12, "Hold Harmless Agreement," all term conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, ar assigns. 18. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abo 19. INSURANCE The Agency shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's compensation a 8 Rev. 91; e W employers liability insurance from an insurance company authorized to do business i the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be cancelec without thirty (30) days prior written notice to the City sent by certified mail. .... .... .... .... ,... .... .... .... .... .... .... .... .... 9 Rev. 912 0 w The City shall be named as an additional insured on these policies. The Agency shall furnish certificates of insurance to the City before commencement of work. Executed by Agency this AGENCY: THOMAS TEMPORARIES 21 sr day of om- c 119, 43 CITY OF CARLSBAD, a municipal By: (sign he/e) ATTEST: w C.WUd (print name here) -- QR~f;dr LI-HQ.EMJXW&- n A/, I - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT = STATE OF CALIFORNIA ) ) / I COUNTYOF k&:/ ?%%L* Y/&kL L NAM~TITLE OF OFFICE - €6, -JAN&E. NOTARY pue0c. On jf/2gL{$ before me, ,k&d& - i FA, 1 personally appeared, personally known to me (or proved to me on the dsis of satisfactory evidence) to be the person(s) whose nai subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tl- capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or the entity upon behalf ( person($ acted, executed the instrument. WITNESS my hand and official seal. / y'&!&dk;n c ,A .7h,! //Ad- (SEAL) NOTARY PUBLIC SIGNATU~E - OPTIONAL INFORMATION - ' TITLE OR TYPE OF DOCUMENT 1 .5r22,/2& DATE OF DOCUMENT qy; j //3 NUMBER OF PAGES '8 SIGNER(S) OTHER THAN NAMED ABOVE / e w The City shall be named as an additional insured on these policies. The Agency shall furnish certificates of insurance to the City before commencement of work. Executed by Agency this 21 5r day of oc;Tb%f a J l9,. 93 AGENCY: THOMAS TEMPORARIES CITY OF CARLSBAD, a municipal By: (sign hde) ATTEST: EN-E cwise-rs (print name here) (title an organization of signatory) By: JP/CL t;p f' ,# q--& (Proper notarial acknowledgment of execution by AGENCY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certifi by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: PRWWT. -rH DJb%45W& City Clerk E Doreen R. Pen ie Assistant Secretary, Thomas Temporaries RONALD R. BALL I city3 BY Deputy City Attorney L 2lIL (w 10 Rev. 912: 0 w AGREEMENT THIS AGREEMENT, made and entered into as of the 22nd day of FEBRUARY 1994 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Manpower Temporary Services, hereinafter referred to as "Agency ." RECITALS City requires the services of a temporary employment agency to provide shod term temporary assignments as needed by the City; and the Agency possesses the necessary skills and qualifications to provide the short-term temporary assignments required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City and Agency agree as follows: 1. AGENCY'S 0 BLIGATIONS The Agency will agree to provide the City with individuals to work short-term temporary assignments as required by the City. 2. CITY OBLIGATIONS The City shall provide the Agency with a centralized contact in the Human Resources Department for placement of temporary agency employees within all C departments. 1 Rev. 9/E 0 0 The City shall have no obligation to use agency services exclusively or use a certain amount of services. 3. FEES TO BE PAID TO AGENCY The fees to be paid to the Agency will be based upon the rates assigned for each of the following classifications: CLASSlFlCATlONS L!lumuS - Account Clerk $1 1.22-1 3.20 X 1.27 Yo Clerk Typist $8.98-1 1.64 X 1.27 Yo ReceptionistlCashier $8.65-9.98 X 1.27 Yo Secretary $1 1.97-1 5.30 X 1.27 Yo Executive Secretary $1 4.63-1 9.29 X 1.27 Yo Custodian $9.38-1 1.1 2 X 1.41 Yo CAD Drafter $1 4.63-1 8.62 X 1.27% CAD Designer $22.61 -31.92 x 1.27 % Document Control Clerk $1 1.97-1 7.29 X 1.27 Yo Computer Programmer $33.25-59.85 x 1.27 Yo $1 1.97-17.29 X 1.27 Yo Network Admi ni st rat0 r $1 9.95-25.27 X 1.27 Yo Engineering Aide $1 3.30-1 8.62 X 1.27 Yo Skilled Maintenance Worker $15.1 0-21.1 4 X 1.41 Yo Computer Technician *Mandated Burden Increases: The Agency reserves the right to pass along any di cost increases mandated by the federal, state, or local government. The Agency v 2 Rev. 912 - 0 0 * provide the City with a 30 day written notice before such an increase is to occur. The City may terminate this agreement upon the end of the 30 day written notice if the increases are not acceptable to the City. 4. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for 3 additional one (1) year periods c parts thereof, based upon a review of satisfactory performance and the City's needs. The Agency shall submit to the City the bill rates for the next years' services nc later than July 1, 1994. If the City Manager accepts the rates, the Contract shall be amended and renewed for an additional one (1) year period. The same procedure i: to be followed for the additional (1) year periods. The parties shall indicate the renewal by appending this document in writing indicating such renewal. 5. PAYMENT OF FEES The Agency will generate invoices based on actual hours worked on a week1 basis. Invoices will automatically reflect: Name of Employee Job Classification e Hourly Billing or Payroll Rate Number of Hours Worked V Department Name Invoices will reflect one City department per invoice, and will be sent to the Human Resources Department for verification on a weekly basis. The Human 3 Rev. 91: t 0 e - Resources Department will submit to the appropriate department for authorization of payment. Invoices will be paid by the Finance Department upon their receipt of approved payment within 10 working days. 6. COVENANTS AGAINST CO NTINGENT FEES The Agency warrants that their firm has not employed or retained any compan! or person, other than a bona fide employee working for the Agency, to solicit or secur this agreement, and that Agency has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokera! fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall havt the right to annul this agreement without liability, or, in its discretion, to deduct from tt agreement price or considerations, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 7. NONDISCRIMINATION CLAUSE The Agency shall comply with the state, federal and local laws regarding nondiscrimination. 8. TERMINATION OF CONTRACT In the event of the Agency's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformancl notifying the Agency by certified mail of the termination of the Agency. 4 Rev. 91: a 0 9. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Agency or the City’s Huma Resources Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City ‘s Human Resources Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (1 0) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedu shall prohibit the parties seeking remedies available to them at law. 10. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) da) written notice to the other party. In the event of such suspension or termination, up( request of the City, the Agency shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks comple and the compensation to be made. 5 Rev. 912 - 0 * 11. STATUS OF THE AGENCY The Agency shall perform the services provided for herein in Agency's own way a: an independent contractor and in pursuit of Agency's independent calling, and not as an employee of the City. The agency shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the reque: for proposal. The persons provided to the City by the Agency for services under this agreement shall not be considered employees of the City for any purpose whatsoeve The Agency is an independent contractor of the City. The payment made to the Agency pursuant to the contract shall be the full and complete compensation to whic the Agency is entitled. The City shall not make any federal or state tax withholdings behalf of the Agency or its employees or independent contractors. The City shall not be required to pay any workers' compensation insurance on behalf of the Agency or employees or independent contractors. The Agency agrees to indemnify the City fo any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Agency or any employee of the Agency for work done under this agreement. The Agency shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and agencies that are included in this agreement. 12. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities penalties, fines, or any damage to goods, properties, or effects of any person 6 Rev. 91: 3 e 0 . whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Agency or Agency's agents, employees, or representatives. Agency agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney's fees whic are incurred by the City on account of any of the foregoing. 13. ASSIGNMENT OF CONTRACT The Agency shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 14. SU BCONTRACTING If the Agency shall subcontract any of the work to be performed under this contrac by the Agency, Agency shall be fully responsible to the City for the acts and omissioi of Agency's subcontractor and of the persons either directly or indirectly employed t the subcontractor, as Agency is for the acts and omissions of persons directly employed by agency. Nothing contained in this contract shall create any contractur relationship between any subcontractor of Agency and the City. The Agency shall bind every subcontractor and every subcontractor of a subcontractor by the terms o this contract applicable to Agency's work unless specifically noted to the contrary ir the subcontract in question approved in writing by the City. 7 Rev. 912 + ii e e f 15. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 16. VERBAL AGREEMENT OR CO NVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Agency to any additional payment whatsoever under the terms of this contract. 17. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 12, "Hold Harmless Agreement," all term$ conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, ai assigns. 18. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abc 8 Rev. 9/: 4 0 0 4 t 19. INSURANCE The Agency shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business ii the State of California which meets the requirements of City Council Resolution No. 91 -403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be cancelec without thirty (30) days prior written notice to the City sent by certified mail. .... .... .... .... .... .... .... .... .... .... .... .... .... 9 Rev. 912 ? e a 1 q The City shall be named as an additional insured on these policies. The Agency shall furnish certificates of insurance to the City before commencement of work. Executed by Agency this 22nd day of F- , 19%. AGENCY: MANPOWER TEMPORARY SERVICES CITY OF CARLSBAD, a municipal corporation of the State of California By: ’( :& 1 ’1; I1 By: I I \- ‘, ” (sign here) ATTEST: mAt,? c I ~hxf (print name here) 3s (title and $ &a- organization of signatory) ALETHA -p+ L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by AGENCY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certif by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL cityL ri, ~~ BY Deputy City Attorney x/ls/ y4 10 Rev. 91: 1 I 1 1 capacity(ies), and that by his/her/their signature(s) on the instrument the person@), l I L or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. 0 OTHER: SIGNER IS REPRESEN1 NAME OF PERSON(S) OR ENTIM(IE