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HomeMy WebLinkAbout2010-130 1 RESOLUTION NO. 2010-130 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 2 TO A MUNICIPAL STAFFING AGREEMENT WITH 3 MUNITEMPS TO PROVIDE, ON A TEMPORARY BASIS, AN ENGINEERING 4 LIAISON TO SUPERVISE THE CONSTRUCTION AND ADMINISTRATION OF THE FEDERAL FUNDING MECHANISM FOR THE METROLINK PARKING 5 STRUCTURE AT THE SANTA FE DEPOT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is authorized to execute Amendment No. 2 to 9 Municipal Staffing Agreement with MuniTemps to provide, on a temporary basis, an 10 11 12 13 14 15 Engineering Liaison in the Public Works Division to supervise the construction and administration of the Federal funding mechanisms for construction of the Metrolink Parking Structure at the Santa Fe Depot, said Amendment being attached as Exhibit "A". SECTION 2. This Amendment No.2 shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time 16 f such full execution. No oral agreements, amendments, modifications or waivers are intended 17 r authorized and shall not be implied from any act or course of conduct of any party. 18 SECTION 3. The authorization to execute this agreement is rescinded if the parties fail 19 20 II 21 II 22 o execute it within sixty (60) days of passage of this resolution. 23 24 25 26 27 28 - I - 2010-130 1 RESOLUTION. . . APPROVING AMENDMENT NO.2 TO A MUNCIPAL 2 STAFFING AGREEMENT WITH MUNITEMPS TO PROVIDE, ON A TEMPORARY BASIS, AN ENGINEERING LIAISON TO SUPERVISE THE CONSTRUCTION AND 3 ADMINISTRATION OF THE FEDERAL FUNDING MECHANISM FOR THE METROLINK PARKING STRUCTURE AT THE SANTA FE DEPOT. 4 5 6 Common Council of the City of San Bernardino at a j oint regular 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof, held 8 9 10 11 12 13 14 15 16 17 18 19 on the 7th day of June Council Members: AYES MARQUEZ X DESJARDINS x BRINKER ~ SHORETT X KELLEY X JOHNSON X MC CAMMACK X ,2010, by the following vote, to wit: NAYS ABSTAIN ABSENT ~!J.~ Rac I Clark, City Clerk 20 he foregoing resolution is hereby approved this 9J'71. day of June ,2010. 21 22 23 24 25 AMES F. PENMAN, 26 ity Attorney 27 28 ~~~ . k J. Morris, City of San Bernardino -2- 2010-130 Exhibit "A" AMENDMENT NO.2 TO MUNICIPAL SERVICES AGREEMENT This Amendment No. 2 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 7th day of June ,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, on February 1, 2010, the Mayor and City Council approved Resolution no. 2010-18, which extending the contract with MuniTemps for an additional $20,000 to provide for a suite transition period for the permanent employee who began work in late January, 2010, said Resolution being attached hereto and marked Attachment 'B'; and C. WHEREAS, based on the current rate of expenditure, an additional $96,000 would extend the services of MuniTemps for approximately 12 months; and, D. WHEREAS, said Municipal Staffing Agreement is valid through November 9, 2010, with a provision for a 12 month extension upon mutual agreement of both parties; and E. WHEREAS, Munitemps has indicated their willingness to extend their contractual agreement with "City" until November 9, 2011; and NOW THEREFORE, the parties hereto agree as follows: 1. Paragraph lea) of the Municipal Staffing Agreement is hereby amended to provide that the Assigned Employee (Eddy Jan) shall be assigned to perform as Engineering Liaison in the Public Works Division to supervise the construction and administration of the Metrolink Parking Structure at the Santa Fe Depot, among other assignments. 2. Paragraph 25 of the Municipal Staffing Agreement is hereby amended to read that this Agreement shall not exceed $140,900. 2010-130 Exhibit "A" Amendment No.2 10 Municipal Services Agreement -MuniTemps. Page 2 00 AMENDMENT NO.2 TO MUNICIPAL SERVICES AGREEMENT 3. 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 approved 02-01-10 c) Amendment No.2 (this amendment) Total not-to-exceed amount. . . . . . . . . . .. $ 24,900.00 20,000.00 96,000.00 140,900.00 4. Paragraph 24 of the Municipal Staffing Agreement is hereby amended to extend the term of 12 months to expire on November 9,2011. 5. Pursuant to San Bernardino Civil Service Board Rule 502(c), the Assigned Employee shall work less than an average of 30 hours per week or less than 1,000 hours in any l2-month period. 6. All other terms and conditions of said Agreement for Services approved by the City Manager on November 9,2009, shall remain unchanged. III III 2010-130 Amendmenl No.2 to Municipal Services Agreemenl-MuniTemps. Page 3 00 Exhibit "A" IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: <010\1.,.1\10 Date:~ ATTEST: Ra&~~;k~ Approved as to form: James F. Penman City Attorney MUNITEMPS by: by: SAN BERNARDINO 3 (~eJ- 2010-]8 2010-130 ATTACHMENT "A" .!.!m!~~RS"M Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES INC., DBA MUNITEMPS, with Its corporate office located 8t6oo PALM AVENUE. SUITE 115, IMPERIAL BEACH, CA 91932 ('STAFFING FIRM"), and the CITY Of SAN BERNAROINO, with Its principal office loeated at ~ NORTH D STREET. SAN BERNARDINO, CA 92418 rCITY") agree to the terms and conditlons set forth In this Municipal Staffing Agreement (the ~Agreemenn. STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will; a. Recruit, screen, inteMeW, and 8$8'9" lis employees ('Assigned Employees") to perform the type of WOIk descnbed on Exhibit A undef CITY's supervision at lhe locations spedfied on Exhlbrt A: b. Pay Assigned EmplOYees' wages and provide Ihem wt1h the benefits tflat STAFFING fiRM offel'll to them c Pay, Withhold. and transmit payroll taxes: provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; CITY's Duties and Responsibilities 2 CITY WI. a. Properly supervise ASSigned Employees performing lis work and be responsible for its business operations, products, services, and lfltetlectual property; b. Property SUpelVlse, control. and safeguard Its premises, processes, or syslems, and only perrlllt A$Slgned Employees 10 operale 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 secret InformatlOl1. negotiable Instruments, or olher valuables WIthout STAFFING FIRM's express Plio, written approval or as strictly required by the JOb description provided to STAFFING FIRM, c PrOVide AsSigned Employees with a safe work sile and provide appropriate information, training. and safety equipment with respect fo any hazardous substances or condltJons to which they may be exposed at the WOfk site: d. Not change Assigned Employees' JOb duties Without ST AfTING FIRM's express 011(){ written approval; and e. E1fclude Assigned Employees from CITY's benefrt plans, policies. and pracllces, and not make any offer or promise 'elating to Ass'llned Employees' compensation 0' benefits 2010-130 2010-18 ATTACHMENT "A" ~~. GoV*.Z:l'UtIOnt Sto.tflr.Q S.rvlC*S, tnc. Mul'\1.c1.pal StAlttinq Aqnh"e~mt Payment Terma, Bill Rates, and Fees 3, CITY will pay STAFFING FIRM for .ts performance atllle rates set forth on Exhibit A and Win also pay any additiooal costs or fees set forth in thIS Agreement STAFFING FIRM will,nvolC9 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 01 the war!< time submitted for Assigned Employees cerlifllls that the documented hours are correct and authorizes STAFFING FIRM to bill 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)'Execubve" Employees are presumed to be exempl from laws requinng premium pay for overtime, holiday work, or weekend wor!<, These Employees are assigned on a fixed moothly salary cootract 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 contrac1 agreed 10 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. hofiday WOr!<, or weekend work, STAFFING FIRM will charge CITY special rales for premium work time only when an Assigned Employee's wor!< on asSignment to CITY. I/lewed by itself, would legaly require premium pay and CiTY has authorized. dtrected, or allowed the Assigned Employee to work such premium WOfl< time, CITY's special billing rate for premium hours wUI be the same multiple of the regular bilNng rate as S1 AFFING FIRM is required 10 apply to the Assigned Employee'S regular pay rate. (For example, when lederallaw requIres 150% of pay for worl< exceeding 40 hours in a week, CiTY win be billed at 150% 01 the regular bill rale.) 5 If CITY uses the 5elVlceS 01 any Assrgned Employee as its direct employee. as an independenl contractor. or through any person or firm other than STAFFING FIRM during or within 163 days after any assrgnment of the Assigned Employee to CITY from STAFFING FIRM. CITY must nObfy 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 667 hours or (b) 19% 01 the annual salary of Assigned Employee if lhe Employee has worked less than 867 hours lor CITY Confidential Information 7. 80th parties may receive informatiOl1that is proprietary to or confldenlial to the other party or I~ affiliated companies and their CITY, Both parties agree to hold such information in strict confidence and not to disclOse such .nformation to third parties or 10 use such information for any purpose whatsoever other lhan performing under Ihis Agreement or as required by law. No knowledge. possesSIon. or use of CITY's confidential information will be Imputed to STAFFING FIRM as a resull 01 ASSigned Employees' access to such information Cooperation 8. The parties agroo to cooperate fully and to provide assistance to the other party In the investigation and resolutIOn of any complaints, claims. actions. or proceedingS thaI may be brought by or that may .nvolve Assrgned Employees Indemnification and Limitation of Liability 2010-18 2010-130 ATTACHMENT "A" ~I>>' Go~rnn4nt Statttftq ServlC$$. Inc. HW'tl.C.lp.l St.rtU\q Aqr....nt 9 To the extent permitted by law. STAFFING FIRM will defend. indemrufy, and hold CITY and its directors, officers. agents. representatives, and employees harmless from all claims, losses, and liabihbes (Including reasonable attorneys' fees) to the exlent caused by STAFFING FIRM's breach of Ihis Agreement; 115 failure 10 dtscharge 115 duties and responsibIlities sel forth in paragraph 1: or the negligence, gross neghgence, Of willful misconduct of ST AfFtNG FIRM Of STAFFING flRM's officers, employees, or authorized agents in the discharge of lhose duties and responSlbllllies 10. To the exlent permitted by law. CtTY will defend. Indemnify. and hold STAFFING FiRM and ils parent. subsldianes. directors. officers, agents, representatives. and employees harmless from aU claims, losses, and Ilabthtles (including reasonable attorneys' fees) to Ihe extent caused by CITY's breach of this Agreement. its failure to diSCharge its duties and responsibilities sel forth in paragraph 2; or the negligence. gross negiigence, Of willful misconduct 01 CtTY or CITY's officers, employees. or authorized agents In the diSCharge of those duties and responslbHitlElS. 11 Neither party shall be liable fOf or be reqUIred to Indemnity the other perty for any Incidental. consequential, exemplary, special. PWlllJVe. or Io&t 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 cheractenzed, even If sucl1 party has been advised of the posSibility of suCh damages t2. As a condilion precedent to Indemnification, the party seelung indemnifICation Will inform the other party within 15 bus<ness days after It receives notice of any claim. loss, liabliity, or demand for which It seeks indemnlfica\lon from the other party. and the party seeking Indemnification will cooperate in the Investigation and defense of any such maller. 13 The prOVISIOns in paragraphs 9 through 1301 this Agreement constilute the complete agreement between the part,," WIth respect to IndemnifICation. and each party waives lis right to assert any common-law Indemnification or contribution claim against the other party . Miscellaneous 14 Notwithstanding any other proVISion of this Agreement 10 the contrary. the prOVISions of paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement 15. No pl'ovision of thiS Agreement may be amended or waived unless agreed to in a Wflling signed by the parties 16. Each prOVision of this Agreemenl will be conSIdered severable, such thai if anyone prOVISion or clause conflicls with existing or Iuture applicable law or may not be given full effect because of such law, no other proviSion that can operate WIthout the confltcting provision or clause will be affected 17. ThiS Agreement and the exhibits attached to it contain the entire understanding between the partl8S 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 representatIves, successors. and assigns. 2010-18 2010-130 ATTACHMENT "A" AIDIIIIIr"m~$ . ~ eov.rruw.u)t. St...rfino; !!orvl.c.., Inc, Hun~Clpel Staff1nq ^Qr....nt 19 The failure of a party to enforce the provisions of this Agreement will not De a waiver of any proVision or the right of such party thereafter to enforce each and every provision of this Agreement. 20 CITY will nol transfer or assign this Agreement WIthout STAFFING FIRM's written consent 21. Any notice or other communicatIOn Will be deemed to be properly given only wilen sent via Ire United States Postat Service or a nationally recogniZed courier, addressed as shown on the first page of this Agreement 22 NllIIher party will be responsible lor failure or delay in performance of thiS Agreement If the failure or delay is due to labor disputes. strikes, fire, riot. war, terrorism. am of Goo. or any other causes beyond the conlral of the nonperformlng party. 23. The provisions of thiS agreemenl shall be entored into according to the laws of !he State of Catl/omia. Term of Agreement 24 ThIS Agreement will be for a term of 12 month. from the first dale on wIlicll both parties have executed It This agreement may be el<tended for 12 additional months by mutual agreement of both parties. The Agreement may be terminated by either party upon 1 day. written notice to the other party 25 The interim staffing services 10 be provided under thiS agreement shaM not exceed $24900 and shall be requested via duly authorIZed CITY PU(cha5e Order (PO). Additional staffing S6l'1/ices will require a change order 10 the PO and must be approved in writing by both the CITY and STAFFING FIRM Authorized representaU"" of the parties have executed thi, Agreement betow to express the pertl"' agreement to its terms. - MENT STAFFING SERVICES. INC. ~(~ J. ~lt\ Prlflted N8'i') . - jl~J1e~M Tltle~ Dale . ,1Ca1 Ignalure .oe~~ 11(1 riic.._. Printed Name A$5Ld~ (11'11 fJ)~~. ("> T.lIeJ j / --3 -o'i__ Date APPROVED AS TO FORM: t. ~y: 2010-18 2010-130 ATTACHMENT "A" ~ :::; <( '" I- '" ffi ., '" :I: 0 ~ 0 >< f:1 W t- '" 'i? U) - E Cl .;:: Q) .... c: III 1'0 EJ III s Q) - (J 0 Q) Z Q) III c: 1'0 ...., :>. "0 !!1 "0 )( lJJ 0 c is (ij c ~ ., C m c .. III </) :t >. '0 ell ~ ~ 0 E _ 1Il ~ u ~ e 1:0. ::l 1J\ 'C ell....!:! rn <( ... co~ - l'O e .0 U - E --ell 0 1Il .c . urn .- ... .c )( Z tI ell 'C ! - CII - w U Cl CD e - CD ... .- ... ::l ..... M Go oCe l'O 0 .::: e ..... . rn e 't:-. .... .... E lJJ - l'O o e E 1Il l'O N U IJ rn 2.l'!1Q. e::E ~ :> .- - ~1Il.2 0 .... 0.: C 0 -. U .~ ... co > E w ~ CII ~ III rn .;: ~ u ::c:: C .! (!) !: e LL. LL. i.: ~ .. e E ... e ::l ~ 0 ~ rn U 0 0 CII :o::l .l'!I :o::l :I: . e ., l- .; 5: l!! Z C ... ::l 0> W 0 0 . ... C <I: :2 u D- eli 0> :Ii 'C c Z - E .! . :;:: c e f III l'O - in 0.: ::l .! .;: u w ::E QI 0.: ::l QI ii > (3 - - 0 a. e - iii :I: >< ~ 0 w c (!) ~ :::; 2010-130 ......._._---_._..._-~-~- Attachment ":8" 1 IU:SOLUTION NO. 2010-18 2 RF:SOLIITION OF THE CITY OF SAN B1~RNARDlNO APPROVING AMENDMENT NO. I TO A MUNCIPAL STAFFING AGREEMl<:NT WITH 3 MUNITEMPS TO PROvmF:, ON A TEMPORARY BASIS, AN INTERIM CONSTRUCTION/SURVEY MANAGER TO SUPERVISE THE 4 CONSTRUCTION/SURVEY SECTION OF HIE PUBLIC WORKS IlIVISION. 5 Bl<: IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF Tm: CITY 6 m' SAN BERNARI>INO AS FOLLOWS: 7 SECTION ]. That thc City Managcr is authorizcd to cxccutc Amendmcnt No. ] to 8 Municipal Stafl1ng Agrccmcnt with MuniTcmps to providc, on a tcmporary basis, an Intcrim 9 10 11 12 Construction/Survcy Managcr to supervisc thc Construction/Survcy Scction of the Public Works Division. said Amcndmcnt being attachcd as Exhibit "A". SECTION 2. This Amcndmcnt No. 1 shall not take effect or bccome opcrativc until fully 13 signed and cxecutcd by thc parties and no party shall bc obligated hercunder until the time of 14 such full execution. No oral agrcements. amcndmcnts. modifications or waivcrs arc intcnded or 15 authorizcd and shall not be implied from any aci or coursc of conduct of any party. 16 17 SECTION 3. The authorization to exccute this agrecmcnt is rescindcd if thc partics fail to executc it within sixty (60) days of passage of this resolution. 18 ii! 19 /11 20 21 22 23 24 25 26 27 28 -1- 2010-18 2010-130 1 RESOLUTION ... APPROVING AMENDMENT NO. 1 TO A MUNCIPAL STAFFING AGREEMENT WITH MlJNITEMPS TO PROVIDE, ON A TEMPORARY 2 BASIS, AN INTERIM CONSTRUCTION/SURVEY MANAGER TO SIJI'ERVISE THE 3 CONSTRlJCTION/SURVEY SECTION OF THE PUBLIC WORKS DIVISION. 4 I HEREBY CERTIFY that lhc foregoing resolution was duly adopted by the Mayor and 5 Common Council of lhc City of San Bernardino at a j!,in tJeg"l"r_____ meeting thereof, held 6 on the ] s t 7 . Council Members: 1---- 81 I ESTRADA 91 BAXTER 10 11 BRINKER 12 SHORETT 13 KELLEY day of Febru3ry 2010, by the following votc. to wit: A YI'~ NAY~ ABST~JN ABSENT x x x 14 JOHNSON 15 16 17 x MC CAMMACK x 18 19 The foregoing resolution is hercby approved this&iI! day of Eehru.ar::y__ _, 2010. -) .. (,. , . A ., ( I., ( ..t ,; LA;' ~~~------,--,--~~-- - ... ..._....-' Rachel Clark, City Clerk 20 21 22 23 24 JAMES F. PENMAN, 25 City Attorney 26 27 28 Approved as to form: j, . i I By -h,.li~ \J - 2 - 2010-18 2010-130 Exhibit" A" AMENDMENT NO.1 TO MUNICH'AI. SERVICES AGREEMENT This Amendment No. I to Agreement for Services by and betwecn the City of San Bernardino (City) and MUNITEMPS (Consultant) is made and entered into cfTcctivc as of the 1 st .... day of.. Febr~a:-L...., 2010 by and bctwcen the Agcncy and thc Consultant. WITNESSETH: A. WHEREAS, on Novcmbcr 9, 2009, the City Managcr of City approved a Municipal Stalling Agrecmcnt with Muni'rcmps in the amount of $24,900 to provide, on a tcmporary basis, an Intcrim Construction/Survey Manager to supervisc the Construction/Survcy Scction of the Public Works Division, said Municipal Staffing Agreement bcing attachcd hercto and mark cd Attachmcnt "1\"; and, B. WHEREAS, based on the current rate of expenditure, funding for said Municipal Stalling Agrccmcnt will bc dcplctcd by the middle of January 2010; and, C. WHEREAS, the services of said [nterim Cnnstruction/Survey Manager will be ncedcd until March 20 I 0; and n. WHEREAS, said Municipal Stalling Agrccmcnt is valid through Novcmber 9, 20]0. NOW THEREFORE. the partics hercto agrec as I~lllows: I. Paragraph 25 of the Municipal Stalling Agrecment is hcrcby amcnded to rcad that this Agrccmcnt shall not excecd $44,90(). ~ Ovcr the term of this Agrecment. Consultant shall be compensatcd I~lr said Agrcement as follows: a) Original Agreement approvcd by City Manager 11-09-09 . . . b) Amcndment Nn. ] (this Amendmcnt) Total not-tn-excced amount. . . . . . . . . . . . $24,900.00 20,000.00 $44,9()().00 3. All other tenns and conditions of said Agrecment for Services approved by thc Cily Manager on Novembcr 9. 2()()9 shall remain unchanged. 1/1 1/1 2010-18 2010-130 Exhibit "A" Amendment No. I to Municipal Services Agrcement.-MuniTcmps. Page 2 of2 AMENDMENT NO.1 TO MIJNICfl>AL SKRVICES AGRKEMENT IN WITNESS WHEREOJ;', thc partics hcrcto havc executed this Agrcement on thc date shown below. MUNITEMPS [)ate:Q~lLIc.t.') by: Signa re JQk~_- _ _ ~j~EI~~ Print Name/Tit c C[TY OF SAN BERNARDINO Date: _=f/jI/O_~_ by: anagcr ATTEST: /"-) !" V,\M1'-'--l... .J. (..t(1 Rache1 Claik~ Cily(;l~rk " " lei >~{~~~----- Approvcd as to form: Jamcs F. Pcnman City Attorney }. [ ..' /i B ': $;_ f Ii C/l_~ ) . '""-;" ---,,,,,,,",,",,--,,,,.,,,,,,,,"-- / 2