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2010-18
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2010-18
1
RESOLUTION '" API'ROVING AMENDMENT NO. I TO A MUNCIPAL
STAFFING AGREEMENT WITH MUNITEMPS TO PROVIDE, ON A TEMPORARY
2 BASIS, AN INTERIM CONSTRUCTION/SURVEY MANAGER TO SUPERVISE THE
3 CONSTRUCTION/SURVEY SECTION OF THE PUBLIC WORKS DIVISION.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
mceting thereof: held
on the
1st
,2010, by the following vote, to wit:
February
day of
17
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA ---1L..
BAXTER X
BRINKER X
SHORETT X
KELLEY X
JOHNSON ---1L..
MC CAMMACK X
yc.<-d---J .!-;. UdAL
Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this An",{ day of "~},r""rl'
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28
, 2010.
Approvcd as to form:
JAMES F. PENMAN,
City Attorney
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'.
2010-18
Exhibit "A"
AMENDMENT NO. I TO MUNICIPAL SERVICES AGREEMENT
This Amendment No. I to Agreement for Services by and between the City of San
Bernardino (City) and MUNITEMPS (Consultant) is made and entered into effective as of the
1st day of February ,2010 by and between the Agency and the Consultant.
WITNESSETH:
A. WHEREAS, on November 9, 2009, the City Manager of City approved a
Municipal Staffing Agreement with MuniTemps in the amount of $24,900 to provide, on a
temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey
Section of the Public Works Division, said Municipal Staffing Agreement being attached hereto
and marked Attachment "A"; and,
B. WHEREAS, based on the currcnt rate of expenditure, funding for said Municipal
Staffing Agreement will be depleted by the middle of January 2010; and,
C. WHEREAS, the services of said Interim Construction/Survey Manager will be
necded until March 2010; and
2010.
D. WHEREAS, said Municipal Staffing Agreement is valid through November 9,
NOW THEREFORE, the parties hereto agree as follows:
I. Paragraph 25 of the Municipal Staffing Agreement is hereby amended to read that this
Agreement shall not exceed $44,900.
2. Over the term of this Agreement, Consultant shall be compensated for said Agreement as
follows:
a) Original Agreement approved by City Manager 11-09-09 . . .
b) Amendment No.1 (this Amendmcnt) .
Total not-to-cxceed amount. . . . . . . . . . . .
$24,900.00
20,000.00
$44,900.00
3. All other terms and conditions of said Agreement for Services approved by the City Manager
on November 9, 2009 shall remain unchanged.
11/
11/
2010-18
Exhibit "A"
Amendment No. I to Municipal Services Agreement -MuniTemps.
Page 2 of2
AMENDMENT NO. I TO MUNICIPAL SERVICES AGREEMENT
IN WITNESS WHEREOF, thc parties hereto have executed this Agreement on the date shown
below.
MUN1TEMPS
Date:~
by:
(~fl:t.~
CITY OF SAN BERNARDINO
Date: =fij/O
by:
ATTEST:
R~it~ie~~
Approved as to form:
James F. Penman
City Attorney
2
2010-18
ATTACHMENT "A"
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Municipal Staffing Agreement
GOVERNMENT STAFFtNG SERVICES INC., DBA MUNITEMPS, with its corporate office
located at 600 PALM AVENUE, SUITE 115,IMPERIAL BEACH, CA 91932 ('STAFFING
FIRM"), and the CITY OF SAN BERNARDINO, with Its principal office located at 300
NORTH D STREET. SAN BERNARDINO, CA 92418 ("CITY") agree to the terms and
conditions set forth In this Municipat Staffing Agreement (the 'Agreement").
STAFFING FIRM's Dulles and Responslbllllles
1. STAFFING FIRM will:
a. Recruit, screen, interview, and assign its employees ('Assigned Employees') to
perfonm the type of work described on Exhibit A under CITYs supervision at the
locations specified on Exhibit A;
b. Pay Assigned Employees' wages and provide Ihem With the benefits that STAFFING
FIRM offers to them;
c. Pay, Withhold, and transmit payroll taxes; provide unemployment insurance and
workers' compensation benefits; and handle unemployment and workers'
compensation claims involving Assigned Employees;
CITY's Dulies and Responsibllilles
2. CITY will:
a. Properly supervise Assigned Employees performing its work and be responsible for
its business operations, products, services, and Intellectual property;
b. Properly supervise, control, and safeguard its premises, processes, or systems. and
only pem"'t Assigned Employees to operate CITY vehicles or mobile equipment if
covered on CITY insurance policy. Not entrust Employees with unattended
premises, cash, checks, keys, credit cards, merchandise, confidential or trade secrel
inlonmation. negotiable Instruments, or other valuables without STAFFING FIRM's
express prior written approval or as strictly requirEld by the jOb description provided to
STAFFING FIRM;
.
c. Provide Assigned Employees with a safe work site and provide appropriate
information, training. and safety equipment with respect to any hazardous
substances or conditions to which they may be exposed at the work site;
d. Not change Assigned Employees' job duties withoUl STAFFING FIRM's express pnor
wrillen approval; and
e. Exclude Assigned Employees from CITY's benefit plans, pollcles, and pracbces, and
not make any offer or promise relating to Assigned Employees' compensation or
benefits.
2010-18
ATTACHMENT "A"
.~lHD.~ .
Government 9t.att1r.Q' S_rv1ces. Inc.
MunlCipal St.ttinq Aqce8mAnt
Payment Terms, Bill Rates, and Fees
3. 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 Empioyces certifies that (he documented hours are correct and
authorizes STAFFING FIRM 10 bilt CITY for those hours. II a portion of any invoice is
disputed. CITY will pay the undisputed portIon.
4. STAFFING FIRM may assign two classes of Employees at CITY: (1) "Executive"
Employees are presumed 10 be exempt from laws requiring premium pay for overtime,
holiday work, or weekend work. These Employees are assigned on a fixed monthly
salary contracl 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.. (2) 'Non-Executive' Employees are presumed to be
nonexempt from laws requiring premium pay for overtime, holiday work, or weekend
work. STAFFING FIRM will charge CITY special rates for premium work time only when
an Assigned Employee's work on assignment to CITY. viewed by itself. would Icgally
require premium pay and CITY has authorized, directed, or allowed the Assigned
Employee to work such premium work lime. CITY's special billing rate for premium hours
will be the same multiple of the regular billing rate as STAFFING FIRM is required to
apply to the Assigned Employee's regular pay rate. (For example. when federal law
requires 150% of pay for work exceeding 40 hours in a week, CITY win be billed at 150%
of the regular bill rate.)
5. If CITY uses the services of any Assigned Employee as its direct employee. as an
independent contractor, or through any person or finm other than STAFFING FIRM
during or within 183 days after any assignment of the Assigned Employee to CITY from
STAFFING FIRM, CITY must notify STAFFING FIRM and pay a lump sum equal to (a)
9% of the annual salary of Assigned Employee if that Employee has worked a minimum
of 867 hours or (b) 19% of the annual salary of Assigned Employee if the Employee has
worked less than 867 hours for CITY.
Confldenllallnformallon
7. Both parties may receive information that is proprietary to or confidential to the other
party or Its affiliated companies and their CITYs. Both parties agree to hold such
information in strict confidence and not to disclose such iniormation 10 third Parties or to
use such information for any purpose whatsoever other than performing under this
Agreement or as required by law. No knowledge, possession, or use of CITY's
confidential infonmation will be imputed to STAFFING FIRM as a result of Assigned
Employees' access to such information.
Cooperation
8. The parties agree to cooperate fully and to provide assistance to Ihe othcr party In the
investigation and resolution of any complaints. claims. actions, or proceedings that may
be brought by or that may involve Assigned Employees
Indemnificalion and LlmitaUon of Liability
2
2010-18
ATTACHMENT "A"
.~.1t!]~"
Cov.rnment s~att1nq Services, Ino.
Hunicip.l Statf11l9 Aqre4tJMnt
9. To the extent permitted by law. STAFFING FIRM will defend, indemnify. and hold CITY
and its directors, officers. agents, representatives, and employees harmless from all
claims, losses, and liabilibes (including reasonable attorneys' fees) to the extent caused
by STAFFING FIRM's breach of this Agreement; ils 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.
10. 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 10 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 aulhorized agents in the
discharge of those duties and responsibilities.
11. 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 charactenzed, even if
such party has been advised of the possibility of suCh damages.
12. As a condition precedent to indemnificahon, the party seeking indemnification will inform
the 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 cooperale in the investigation and defense of any such matter.
13. The provisions in paragraphs gthrough 13 of this Agreement constitute Ihe 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.
Miscellaneous
14. Notwithstanding any other provision of this Agreement to the contrary, the proviSions 01
paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement.
t5. No provision of Ihis Agreement may be amended or waived unless agreed 10 in a wnting
signed by the parties.
16. Each pro.vision of this Agreement JNill be considered severable, such tl!at if anyone
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 conmcbng
provision or clause will be affected.
17. 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.
18. The provisions of this Agreement will inure to the benefit of and be binding on the parties
and their respective representatrves, successors, and assigns.
J
2010-18
ATTACHMENT "A"
.~.!.~~-
Gov.rn..u'lt. SuffinQl S.rvic... [nc.
HUn~e1pal Sta~f1nq Aqr....nt
19. The lailure of a party to enlorce 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.
20. CITY Will not transfcr or assign this Agreement without STAFFING FIRM's written
consent.
21. Any nollce or other communica!Jon Will be deemed to be properly given only when sent
via the United States Postal Service or a nallonally recognized courier, addressed as
shown on the first pago of this Agreement.
22. Neither party will bo responsible lor 'ailure or delay in performance of this Agreement.f
Ihe failure or delay is due to labor disputes, strikes, fire, riot. war, terrorism, aels of God,
or any other causes beyond tho control of the nonperforming party.
23. The provisions of this agreement shall be cntered into according to the laws of the State
of California.
Term of Agreemcnt
24. This Agreement will be for a term of 12 monlhs from the first date on which both
parties have executed It. This agrccment may be extended for 12 additional months
by mutual agrccment of both parties. The Agreement may be terminated by either
party upon 7 days written nollce to the other party.
25. The interim staffing services to be provided under this agreement shall nol exceed
$24.900 and shall be rcquested via duly authorized CITY Purchase Order (PO).
Additional staffing services will require a change order to the PO and must be
approvcd in writing by both tho CITY and STAFFtNG FIRM.
Aulhorized representatives of Ihe p.artles have execuled this Agreement below to
express the parties' agreement to its terms.
~~D~
ignaturc
~ehTY_ iu rdc.-
Printed Name
r3d'f me>. 1"1t:' J
GOV RNME~T STAFFING SERVICES, INC.
At!; c,; 5/a.d
Title
/ I -9 -cfl
Date
APPROVED AS TO FORM:
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2010-18
ATTACHMENT "A"
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