HomeMy WebLinkAbout02.D- Human Resources RESOLUTION (ID#2219) DOC ID: 2219
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Rhonda Haynes M/CC Meeting Date: 01/10/2013
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Purchase Order to Insurance Overload Staffing Systems for
Temporary Staffing Services. (At Meeting of January 7, 2013, Item Continued to January 10,
2013.)
Financial Impact:
Funds for this contract will not exceed$75,000 and will be funded through the financial
restricting allocation of the Chapter 9 General Fund.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
Backeround(Revised 1/8/2013):
The City of San Bernardino has a Certificate of consent with the State of California, Division of
Industrial Relations, self-insurance plans to self-insure its workers' compensation program under
Certificate Number 7111. Section 3702 of the Labor Code, which mandates, in part, that failure
or inability of the employer to fulfill his/her obligations, or any of the stated practices outlined in
the Code by the employer or his/her agent in charge of the administration of obligations under
this division will lead to revocation.
In addition, the City must have an "administrator certified by the Department of Industrial
Relations"to administer its program. Labor Code 3702.1 (a) designates that"No person, firm, or
corporation, other than an insurer admitted to transact workers' compensation insurance in this
state, shall contract to administer claims of self-insured employers as a third-party administrator
unless in possession of a certificate of consent to administer self-insured employers' workers'
compensation claims."
With the City's recent filing for bankruptcy, several employees in the Workers' Compensation
Division have resigned, leaving a staff of only one (1) claims assistant and one (1) bill payer. In
that the City is self-insured and self-administers its workers' compensation program, in-house
staffing is critical. With the recent departure of the workers' compensation technical staff and the
mandatory state requirements, additional workers' compensation claims personnel are essential.
Due to the standard for workers' compensation claims adjusters it is imperative that we have
temporary staff that meets the qualifications outlined in the insurance code per the legislature's
2003 mandate. Insurance Overload is a temporary staffing agency that provides the insurance
industry with expertise that cannot be found in standard office staffing agencies. The City of San
Bernardino has previously contracted with Insurance Overload Staffing Services to provide
temporary workers' compensation personnel.
To keep the City in statutory compliance while it evaluates other options for its workers'
Updated: 1/9/2013 by Linda Sutherland Packet Pg. 29
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compensation administration, the Human Resources Department is requesting authorization to
hire four (4) specialized individuals for six (6) months or until a decision has been made
regarding the continued administration of the program. The anticipated cost shall not exceed
$75,000; the recent departure of three (3) full-time employees within the Workers'
Compensation Division will offset this expense.
Background:
With the City's recent filing for bankruptcy, several employees in the Workers' Compensation
Division have resigned, leaving a staff of only one (1) claims assistant and one (1) bill payer. In
that the City is self-insured and self-administers its workers' compensation program, in-house
staffing is critical. With the recent departure of the workers' compensation technical staff and the
mandatory state requirements, additional workers' compensation claims personnel are essential.
The City of San Bernardino has previously contracted with Insurance Overload Staffing Services
to provide temporary workers' compensation personnel. Insurance Overload is a temporary
staffing agency that provides the insurance industry with expertise that cannot be found in
standard office staffing agencies.
To keep the City in statutory compliance while it evaluates other options for its workers'
compensation administration, the Human Resources Department is requesting authorization to
hire four (4) specialized individuals for six (6) months or until a decision has been made
regarding the continued administration of the program. The anticipated cost shall not exceed
f $75,000; the recent departure of three (3) full-time employees within the Workers'
Compensation Division will offset this expense.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
Insurance Overload Agreement (DOC)
Exhibit A-1 (PDF)
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Updated: 1/9/2013 by Linda Sutherland Packet Pg. 30
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2.D.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND PURCHASE ORDER TO INSURANCE OVERLOAD STAFFING SYSTEMS
4 FOR TEMPORARY STAFFING SERVICES.
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Mayor and Common Council of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City an Agreement between the
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City of San Bernardino and Insurance Overload Staffing Systems, a copy of which is attached 0
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11 hereto marked Exhibit A and incorporated herein by reference as fully as though set forth at a
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12 length. >
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_ SECTION 2. The Finance Department is hereby authorized and directed to issue a r
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Purchase Order No. to Insurance Overload Staffing Systems for an amount not r
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to exceed$75,000 and shall reference incorporate the terms and conditions of this Resolution. N
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17 SECTION 3. This authorization to execute the above-referenced Agreement and o
18 Purchase Order is rescinded if not issued within sixty (60) days of the passage of this 0
19 Resolution.
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2.D.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER TO INSURANCE OVERLOAD STAFFING SYSTEMS
3 FOR TEMPORARY STAFFING SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of , 2013,by the following vote,to wit:
8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT c
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MARQUEZ o
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JENKINS a
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VALDIVIA
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13 SHORETT
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14 KELLEY `
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15 JOHNSON
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MC CAMMACK
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Georgeann Hanna, City Clerk
20 The foregoing resolution is hereby approved this day of 2013. E
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22 Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
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By:
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AGREEMENT FOR TEMPORARY STAFFING SERVICES
THIS AGREEMENT is made and entered into this day of 2013
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("CITY"),
and Insurance Overload Staffing Systems ("CONTRACTOR").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONTRACTOR provide the services 2
described herein below; and N
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B. WHEREAS, CONTRACTOR represents that it has that degree of specialized
expertise contemplated within California Government Code Section 37103 and holds all a
necessary licenses and permits to practice and perform the services herein contemplated; and o
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C. WHEREAS, CITY and CONTRACTOR desire to contract for specific services 0
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described below and desire to set forth their rights, duties and liabilities in connection with the
services to be performed; and
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D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code Sections 1090-1092 in the subject matter of this N
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions £
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contained herein,the parties hereby agree as follows:
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1.0. SERVICES PROVIDED BY CONTRACTOR
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I.I. Scope of Services. For the remuneration stipulated, CONTRACTOR shall furnish
temporary staffing services to CITY in accordance with CONTRACTOR's letters, attached and
included herein as Attachment A-1. 'w
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1.2. Cost for Services. The amounts expended under this Agreement for
CONTRACTOR fees shall not exceed $75,000 without further approval of the Mayor and Ec
Common Council.
1.3. Professional Practices. All professional services to be provided by
CONTRACTOR pursuant to this Agreement shall be provided by personnel experienced in their
respective fields and in a manner consistent with the standards of care, diligence and skill
ordinarily exercised by professional contractors in similar fields and circumstances in accordance
with sound professional practices. CONTRACTOR also warrants that it is familiar with all laws
that may affect its performance of this Agreement and shall advise CITY of any changes in any
laws that may affect CONTRACTOR's performance of this Agreement. CONTRACTOR further
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represents that no CITY employee will provide any services under this Agreement.
1.4. Warranty. CONTRACTOR warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Agreement. CONTRACTOR shall indemnify and hold
harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including reasonable attorneys' fees and costs,
presented,brought, or recovered against CITY for, or on account of, any liability under any of the N
above-mentioned laws, arising from or related to CONTRACTOR's performance under this r
Agreement. a
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1.5. Non-discrimination. In performing this Agreement, CONTRACTOR shall not o
engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age, O
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other category protected by law, except as permitted pursuant to Section
12940 of the Government Code. Violation of this provision may result in the imposition of
penalties referred to in Labor Code Section 1735.
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1.6. Non-exclusive Agreement. CONTRACTOR acknowledges that CITY may enter N
into agreements with other contractors for services similar to the services that are subject to this m
Agreement or may have its own employees perform services similar to those services E
contemplated by this Agreement.
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1.7. Delegation and Assignment. This is a personal service contract, and the duties set o
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. 0
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1.8. Conflicts of Interest. During the term of this Agreement, CONTRACTOR shall,
at all rimes, maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of interest
with the services performed for CITY. v
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1.9. CITY Business Certificate. CONTRACTOR shall obtain and maintain during the
term of this Agreement a valid CITY Business Registration Certificate pursuant to Title 5 of the a
CITY of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONTRACTOR to
practice its profession, skill or business.
2.0. COMPENSATION AND BILLING
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2.1. Compensation. Except as provided herein, over the term of this Agreement,
CONTRACTOR shall be paid a maximum of $75,000 in accordance with the hourly rates set
forth in Attachment A-1. The volume of work and the amount CONTRACTOR shall be paid for
such services is dependent upon the demand for such services resulting from workers'
compensation claims filed with the CITY and no minimum volume of work to be assigned is
expressed or implied.
2.2. Additional Services. CONTRACTOR shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the CITY,
prior to CONTRACTOR performing the additional services, approves such additional services in 4
writing. It is specifically understood that oral requests and/or approvals of such additional N
services or additional compensation shall be barred and are unenforceable. r
2.3. Method of Billing. CONTRACTOR shall submit invoices to CITY for approval.
Said invoice shall be based on the total of all services which have been completed to CITY's sole o
satisfaction. CITY shall pay CONTRACTOR's invoice within forty-five (45) days from the date
CITY receives said invoice. The invoice shall describe, in detail, the services performed and the o
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order,where applicable, on all invoices.
2.4. Records and Audits. Records of CONTRACTOR's services relating to this N
Agreement shall be maintained in accordance with generally recognized accounting principles N
and shall be made available to CITY for inspection and/or audit at mutually convenient times for
a period of three(3)years from the Effective Date. v
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3.0. TERM AND NOTIFICATION. o
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3.1. Term. This Agreement shall commence on the Effective Date and continue 0
through the completion of services, unless the Agreement is previously terminated as provided
for herein. @
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3.2. Termination. CITY reserves and has the right and privilege of cancelling, G
suspending, or abandoning the executin of all or any part of thw ork contemplated by this d
Agreement, with or without cause, at any time, by providing written notice to CONTRACTOR. t
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, CONTRACTOR shall immediately stop rendering a
services under this Agreement unless directed otherwise by the CITY.
3.3 Compensation. In the event of termination, CITY shall pay CONTRACTOR for
professional services satisfactorily performed up to and including the date of CITY's written
notice of termination.
4.0. INSURANCE
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4.1. Minimum Scope and Limits of Insurance. CONTRACTOR shall obtain and
maintain during the term of this Agreement all of the following insurance coverage:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
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(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00), 0
combined single limits,per occurrence and aggregate. a
(c) Workers' compensation insurance as required by the State of California. o
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(d) Professional Liability Insurance with limits of at least $1,000,000 per o
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claim. In lieu of naming the CITY as an additional insured,the policy may
be endorsed as follows:
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"Insurance coverage afforded by this policy shall also apply to the liability
assumed by the Insured under the Agreement with the CITY OF SAN N
BERNARDINO for legal defense services, provided such liability results
from an error, omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions of this policy are d
to remain unchanged."
4.2. Endorsements. The commercial general liability insurance policy shall contain or o
be endorsed to contain the following provisions:
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(a) Additional insured: "The CITY of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insured
with respect to this subject project and contract with CITY."
(b) Notice: "Said policy shall not terminate,nor shall it be materially changed
or cancelled, nor the coverage reduced, until thirty (30) days after written s
notice is given to CITY." m
(c) Other insurance: "Any other insurance maintained by the CITY of San a
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
4.3. Certificates of Insurance. CONTRACTOR shall provide to CITY certificates of
insurance showing the insurance coverage and required endorsements described above, in a form
and content approved by CITY,prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way
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the indemnification provision contained in this Agreement or the extent to which
CONTRACTOR may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
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over any inconsistent provision in any other contract document appurtenant hereto, including 4
exhibits to this Agreement. N
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5.2. Notices. Any notices, documents, correspondence or other communications a
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed o
served or delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after 0
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deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
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IF TO CONTRACTOR: IF TO CITY:
Bert DiEugenio,Branch Manager Jason Simpson, Director of Finance N
Insurance Overload Staffing Systems City of San Bernardino
8141 E. Kaiser Blvd., Suite 112 300 North"D" Street m
Anaheim Hills, CA 92808 San Bernardino, CA 92418 E
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Telephone: (714) 283-8820 Telephone: (909) 384-5242
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Fax: (714) 283-8827 Fax: (909) 384-5043 a
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5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection a
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all p
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the CITY Attorney and
members of his office in enforcing this contract on behalf of the CITY shall be considered as —
"attorneys'fees" for the purposes of this Agreement.
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5.4. Governing Law. This Agreement shall be governed by and construed under the m
laws of the State of California without giving effect to that body of laws pertaining to conflict of a
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
545. Assignment: CONTRACTOR shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONTRACTOR's interest in this Agreement
without CITY's prior written consent. Any attempted assignment, transfer, subletting or
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encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall
release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONTRACTOR shall protect, defend,
indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature c
including, but not limited to, all civil claims or workers' compensation claims arising from or in N
any way related to CONTRACTOR's performance under this Agreement, except when caused by s
the CITY's negligence. a
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5.7. Independent Contractor. CONTRACTOR, at all times while performing under o
this Agreement, is and shall be acting at all times as an independent contractor and not as an
agent or employee of CITY. CONTRACTOR shall secure, at his expense, and be responsible for O
any and all payment of wages, benefits and taxes including, but not limited to, Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder.
Neither CONTRACTOR nor its officers, agents and employees shall be entitled to receive any N
benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid m
vacations, paid holidays,pension,profit sharing or social security on account of CONTRACTOR £
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and its officers', agents' and employees' work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONTRACTOR.
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5.8. Conflict of Interest Disclosure: CONTRACTOR or its employee may be subject o'
to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires
such persons to disclose financial interests that may be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making or participating in making
decisions that will have a foreseeable financial affect on such interest.
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CONTRACTOR shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY. R
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5.9. Responsibility for Errors. CONTRACTOR shall be responsible for its work and
results under this Agreement. CONTRACTOR, when requested, shall furnish clarification
and/or explanation as may be required by the CITY's representative, regarding any services
rendered under this Agreement at no additional cost to CITY. In the event that an error or
omission attributable to CONTRACTOR occurs, then CONTRACTOR shall, at no cost to CITY,
provide all other CONTRACTOR professional services necessary to rectify and correct the
matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
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the correction.
5.10. Prohibited Employment. CONTRACTOR shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party BeneficiarRights. This Agreement is entered into for the sole e
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benefit of CITY and CONTRACTOR and no other parties are intended to be direct or incidental N
beneficiaries of this Agreement and no third party shall have any right in, under or to this L
Agreement. a
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5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement o
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or o
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interpretation of this Agreement.
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5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or N
compliance by the other of any of its obligations or agreements shall in no way be deemed a d
waiver of those rights to require such performance or compliance. No waiver of any provision of E
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy a
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with o
respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. v
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5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the N
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect. m
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5.17. Counterparts: This Agreement may be executed in one or more counterparts,each m
of which shall be deemed an original. All counterparts shall be construed together and shall a
constitute one agreement.
5.18. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
o " Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CONTRACTOR
A municipal corporation
Jason Simpson,Director of Finance Signature
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Name and Title 0
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ATTEST: o
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Georgeann Hanna, City Clerk
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APPROVED AS TO FORM: N
JAMES F. PENMAN, m
City Attorney d
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8141 E.Kaiser Blvd..Suite 112
Anaheim Hills.CA 92808
01412838B207EL
(714)2838827 FAX
w Jnauranceovedoad.com
INSURANCE December 10,2012
OVERLOAD
STAFFING
Dear Rhonda,
corporate
Headquartors Thank you for allowing Insurance Overload services,Inc.(IOS)the opportunity
Da-LAS to provide staffing services to The City of San Bernardino.This letter confirms
that Sandra Smith,a temporary employee of I03,will begin working at The City
Keglers: of San Bernardino on 12/10/12,as a Work Comp Adjuster for The City of San
"LOSgAN Bernardino.IOS will bill$39.00 per hour to The City of San Bernardino for
NEW YORK Sandra's services and$58.50 per hour for overtime.Payment of invoices is due F
CHICAGO and owing within t. (30)days-Of invoice date.vA&Ue on this assignment, °-
DALLAS Sandra will be working under the Workers'Compensation,General Liability, N
E&O and Fidelity insurance policies of IOS. `0
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The City of San Bernardino will be responsible for supervising and directing a
Sandra's work while on assignment The City of San Bernardino shall verify the c
accuracy of Sandra's time sheets recording regular and overtime hours worked
with The City of San Bernardino's permission or knowledge. >
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In the event,The City of San Bernardino fails to pay any invoice when due,The "
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City of San Bernardino agrees to pay all of IC costs of collection,including
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue 'w
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the -`
highest rate allowed by applicable law from the date the amount first became due. o,
Please contact me if you have any questions concerning the placement of Sandra N
Smith,or if IOS may further assist The City of San Bernardino with its staffing
needs. ¢
Sinci�rely, a
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IAnda ICimhm n E
Staffing Manager
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8141 F Kaiser Blvd.,Suite 112
Anaheim Hills,CA 92808
[714]2830820TEL
(714)2&9.8B27 FAX
TOS December 17,2012 w .insurancemilead.ccm
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
OVERLOAD to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Jeannine Norman,a temporary employee of IDS,will begin working at The
City of San Bernardino on 12/17/12,as a Work Comp Adjuster for The City of San
carparete Bernardino..IOS will bill$43.50 per hour to The City of San Bernardino for
Headquarters: Jeannine's services and$65.2}5 per hour for overtime. Payment of invoices is due
DALLAS and owing within thirty(3o)days of invoice date.While on this assignment,
Jeannine will be working under the Workers'Compensation,General Liability,
Q°e10"al E&O and Fidelity insurance policies of IOS.
Headquarters:
LOS N ANGO YORK The City of San Bernardino will be responsible for supervising and directi
NEW YORK ceTm P g rig C
' � do ll vciu GiICAGO JeannlneS cork:ah:l� :asslgnm ntThe C.y of van Be.armra y the w
DALLAS accuracy of Jeannine's time sheets recording regular and overtime hours worked N
with The City of San Bernardino's permission or knowledge. o
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IOS has incurred substantial recruitment,screening,administrative and ¢'
marketing expenses with respect to its temporary employees;therefore,if The
City of San Bernardino,or an affiliate,successor or assignee of The City of San —°
Bernardino,directly or indirectly hires,employs or utilizes the services of
Jeannine,in any capacity other than as a temporary employee of IOS within six 0
(6)weeks of 12/17/2012,a conversion fee in the amount of$3,500.00 will be due
and owing by The City of San Bernardino. Should such employment or use occur
after six(6)weeks from 12/17/2012,a conversion fee in the amount of$2,5oo.00 y
will be due and owing by The City of San Bernardino.If The City of San 5
Bernardino should hire,employ or utilize an IOS temporary employee within six
(6)months from the date the IOS temporary employee's assignment is N
terminated,a conversion fee shall be due and owing.The amount of such
-- conversion fee shall depend on the temporary employee's duration of assignment
prior to termination.Any applicable state taxes shall be added to conversion fees a
charged.Payment of invoices is due and owing within thirty(3o)days of invoice a
date. x
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In the event,The City of San Bernardino fails to pay any invoice when due,The
City of San Bernardino agrees to pay all of IOS'costs of collection,including fi
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the
highest rate allowed by applicable law from the date the amount first became due, a
Please contact me if you have any questions concerning the placement of
Jeannine Norman,or if IOS may further assist The City of San Bernardino with
its staffing needs.
Sin Rerel ,
Lin Kirch�mann
Staffing Manager
0V
s.
Parka
2.D.c '�s
8141 E Kaiser Blvd,Suite 112
Anaheim Fliills,CA 92808
(714)283-8820 TEL
(714)283-BB27 FAX
December 27,2012 vvray.insuranceoverload.cam
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
D V E R L D A D to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Mary Deshon ,a temporary'Y emP to Y ee of I08,will begin workin g at The City
of San Bernardino on o1/02/2o13,as a Work Comp Adjuster for The City of San
carperate Bernardino..IOS will bill $43.50 per hour to The City of San Bernardino for
Headquartam I Mary's services and$65.25 per hour for overtime.Payment of invoices is due and
DALLAS owing within thirty(3o)days of invoice date.While on this assignment,Mary will
be working under the Workers'Compensation,General Liability,E&O and
Regional
Haadquartarra: Fidelity insurance policies of IOS.
LOS ANGELES
NEW YORK The City of San Bernardino will be responsible for supervising and directing c
G Ae Ma-r's work whBIc on assignment.The City of San Be:nardino shad verify the
DALLAS accuracy of Mary's time sheets recording regular and overtime hours worked with N
The City of San Bernardino's permission or knowledge. `o
0
IOS has incurred substantial recruitment,screening,administrative and ¢
marketing expenses with respect to its temporary employees;therefore,if The m
City of San Bernardino,or an affiliate,successor or assignee of The City of San o
Bernardino,directly or indirectly hires,employs or utilizes the services of Mary,
in any capacity other than as a temporary employee of IOS within six(6)weeks of 0
01/02/2013,a conversion fee in the amount of$3,5oo.00 will be due and owing
by The City of San Bernardino.Should such employment or use occur after six(6)
weeks from o1/02/2013,a conversion fee in the amount of$2,500.00 will be due 'a
and owing by The City of San Bernardino.If The City of San Bernardino should c
hire,employ or utilize an IOS temporary employee within six(6)months from o,
the date the IOS temporary employee's assignment is terminated,a conversion
fee shall be due and owing.The amount of such conversion fee shall depend on ='
the temporary employee's duration of assignment prior to termination.Any a
applicable state taxes shall be added to conversion fees charged. Payment of
invoices is due and owing within thirty(3o)days of invoice date.
r
X
In the event,The City of San Bernardino fails to pay any invoice when due,The W
City of San Bernardino agrees to pay all of IOS'costs of collection,including
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue E
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the v
highest rate allowed by applicable law from the date the amount first became due.
Please contact me if you have any questions concerning the placement of Mary
Deshong,or if IOS may further assist The City of San Bernardino with its staffing
needs.
Sin rel•, LCD /J
' da Kirchm nn
Staffing Manager
S V
Packet Pg.43
8141 E.Kaiser BAN.,Suite 112
Anaheim Hills,CA 92808
(714)283-8820 TEL
(714)283-8827 FAX
December 27,2012 www.i su enceoveAoad.com
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
OVERLOAD
to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Damonyea Smith,a temporary employee of IDS,will begin working at The
City of San Bernardino on 01/02/2013,as a Work Comp Assistant for The City of
corpora[. San Bernardino..IOS will bill$26.10 per hour to The City of San Bernardino for
Headquarters: Damonyea's services and$39.15 per hour for overtime. Payment of invoices is
DALLAS due and owing within thirty(30)days of invoice date.While on this assignment,
Damonyeawill be working under the Workers'Compensation,General Liability,
Neglenal E&O and Fidelity insurance policies of I08.
Hwlquart m
LOS ANGELES The City San Bernardino will be r supervising g
NEW YORK t3' responsible for su ervisin and directing
^c
CHICAGO Damonyea's work while on assignment.The C of San Bernardino shall verify .0
DALLAS the accuracy of Damonyea's time sheets recording regular and overtime hours N
worked with The City of San Bernardino's permission or knowledge. `o
s
IOS has incurred substantial recruitment,screening,administrative and a
marketing expenses with respect to its temporary employees;therefore,if The m
City of San Bernardino,or an affiliate,successor or assignee of The City of San 0
Bernardino,directly or indirectly hires,employs or utilizes the services of
Damoneya,in any capacity other than as a temporary employee of IOS within six 0
(6)weeks of 01/02/2013,a conversion fee in the amount of$3,500.0o will be due
and owing by The City of San Bernardino.Should such employment or use occur
after six(6)weeks from 01/02/2013,a conversion fee in the amount of 'w
$2,500.00 will be due and owing by The City of San Bernardino.If The City of
San Bernardino should hire,employ or utilize an IOS temporary employee within o,
six(6)months from the date the IOS temporary employee's assignment is N
terminated,a conversion fee shall be due and owing.The amount of such
conversion fee shall depend on the temporary employee's duration of assignment
prior to termination.Any applicable state taxes shall be added to conversion fees a
charged.Payment of invoices is due and owing within thirty(30)days of invoice a
date. r
X
w
In the event,The City of San Bernardino fails to pay any invoice when due,The r
City of San Bernardino agrees to pay all of IOS'costs of collection,including E
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue v
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the a
highest rate allowed by applicable law from the date the amount first became due.
Please contact me if you have any questions concerning the placement of
Damoneya Smith,or if IOS may further assist The City of San Bernardino with its
staffing needs.
F cergly,
�C,4n/ ,
Lida Kirchmann
Staffing Manager
�7 V
Packet tPO 44 I
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND PURCHASE ORDER TO INSURANCE OVERLOAD SERVICES, INC. DBA
4 INSURANCE OVERLOAD STAFFING SYSTEMS FOR TEMPORARY STAFFING
SERVICES.
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager is hereby authorized and directed to execute an
9 Agreement for Temporary Staffing Services with Insurance Overload Services, Inc. doing
10 business as Insurance Overload Staffing Systems, a copy of which is attached hereto marked
11 Exhibit A and incorporated herein by reference.
12
13 SECTION 2. The Finance Department is hereby authorized and directed to issue a
14 Purchase Order to Insurance Overload Staffing Systems for an amount not to exceed $75,000
15 and shall reference and incorporate the terms and conditions of this Resolution.
16 SECTION 3. This authorization to execute the above-referenced Agreement and
17 Purchase Order is rescinded if the Agreement is not executed within sixty (60) days of the
18
passage of this Resolution.
19
20
21
22
23
25 Entered In o Rec, at MCCICDC Mtg: 1 /� /3
26 /u by:
///
Agenda hem NO,27 .by:
28 City ClerW CDC Secretary
City of San Bernardino
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER TO INSURANCE OVERLOAD SERVICES, INC. DBA
3 INSURANCE OVERLOAD STAFFING SYSTEMS FOR TEMPORARY STAFFING
4 SERVICES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the_day of ,2013,by the following vote,to wit:
8
9 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 JENKINS
12 VALDIVIA
13 SHORETT
14
KELLEY
15
16 JOHNSON
17 MC CAMMACK
18
19 Georgeann Hanna, City Clerk
20
The foregoing resolution is hereby approved this day of , 2013.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
25 Approved as to form:
JAMES F. PENMAN,
26 City At mey
27 By:
28
AGREEMENT FOR TEMPORARY STAFFING SERVICES
THIS AGREEMENT is made and entered into this day of 2013
('Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"),
and Insurance Overload Services, Inc. doing business as Insurance Overload Staffing Systems
("CONTRACTOR").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONTRACTOR provide the services
described herein below; and
B. WHEREAS, CONTRACTOR represents that it has that degree of specialized
expertise contemplated within California Government Code Section 37103 and holds all
necessary licenses and permits to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONTRACTOR desire to contract for specific services
described below and desire to set forth their rights, duties and liabilities in connection with the
services to be performed; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code Sections 1090-1092 in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. For the remuneration stipulated, CONTRACTOR shall furnish
temporary staffing services to CITY in accordance with CONTRACTOR's letters, attached and
incorporated herein as Attachment A-1.
1.2. Cost for Services. The amounts expended under this Agreement for
CONTRACTOR fees shall not exceed $75,000 without further approval of the Mayor and
Common Council.
1.3. Professional Practices. All professional services to be provided by
CONTRACTOR pursuant to this Agreement shall be provided by personnel experienced in their
respective fields and in a manner consistent with the standards of care, diligence and skill
ordinarily exercised by professional contractors in similar fields and circumstances in accordance
with sound professional practices. CONTRACTOR also warrants that it is familiar with all laws
that may affect its performance of this Agreement and shall advise CITY of any changes in any
1
laws that may affect CONTRACTOR's performance of this Agreement. CONTRACTOR further
represents that no CITY employee will provide any services under this Agreement.
1.4. Warran . CONTRACTOR warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws .
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Agreement. CONTRACTOR shall indemnify and hold
harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including reasonable attorneys' fees and costs,
presented, brought, or recovered against CITY for, or on account of, any liability under any of the
above-mentioned laws, arising from or related to CONTRACTOR's performance under this
Agreement.
1.5. Non-discrimination. In performing this Agreement, CONTRACTOR shall not
engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other category protected by law, except as permitted pursuant to Section
12940 of the Government Code. Violation of this provision may result in the imposition of
penalties referred to in Labor Code Section 1735.
1.6. Non-exclusive Agreement. CONTRACTOR acknowledges that CITY may enter
into agreements with other contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal services contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY.
1.8. Conflicts of Interest. During the term of this Agreement, CONTRACTOR shall,
at all times, maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of interest
with the services performed for CITY.
1.9. CITY Business Certificate. CONTRACTOR shall obtain and maintain during the
term of this Agreement a valid CITY Business Registration Certificate pursuant to Title 5 of the
CITY of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONTRACTOR to
practice its profession, skill or business.
2
2.0. COMPENSATION AND BILLING
2.1. Compensation. Except as provided herein, over the term of this Agreement,
CONTRACTOR shall be paid a maximum of $75,000 in accordance with the hourly rates set
forth in Attachment A-1. The volume of work and the amount CONTRACTOR shall be paid for
such services is dependent upon the demand for such services resulting from workers'
compensation claims filed with the CITY and no minimum volume of work to be assigned is
expressed or implied.
2.2. Additional Services. CONTRACTOR shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the CITY,
prior to CONTRACTOR performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional
services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billine. CONTRACTOR shall submit invoices to CITY for approval.
Said invoice shall be based on the total of all services which have been completed to CITY's sole
satisfaction. CITY shall pay CONTRACTOR's invoice within forty-five (45) days from the date
CITY receives said invoice. The invoice shall describe, in detail, the services performed and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of CONTRACTOR's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles
and shall be made available to CITY for inspection and/or audit at mutually convenient times for
a period of three (3)years from the Effective Date.
3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services, unless the Agreement is previously terminated as provided
for herein.
3.2. Termination. CITY reserves and has the right and privilege of cancelling,
suspending, or abandoning the execution of all or any part of the work contemplated by this
Agreement, with or without cause, at any time, by providing written notice to CONTRACTOR.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, CONTRACTOR shall immediately stop rendering
services under this Agreement unless directed otherwise by the CITY.
3.3 Compensation. In the event of termination, CITY shall pay CONTRACTOR for
professional services satisfactorily performed up to and including the date of CITY's written
notice of termination.
3
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONTRACTOR shall obtain and
maintain during the term of this Agreement all of the following insurance coverages:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
(d) Professional Liability Insurance with limits of at least $1,000,000 per
claim. In lieu of naming the CITY as an additional insured, the policy may
be endorsed as follows:
"Insurance coverage afforded by this policy shall also apply to the liability
assumed by the Insured under the Agreement with the CITY OF SAN
BERNARDINO for legal defense services, provided such liability results
from an error, omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions of this policy are
to remain unchanged."
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:
(a) Additional insured: "The CITY of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insured
with respect to this subject project and contract with CITY."
(b) Notice: "Said policy shall not terminate, nor shall it be materially changed
or cancelled, nor the coverage reduced, until thirty (30) days after written
notice is given to CITY."
(c) Other insurance: "Any other insurance maintained by the CITY of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
4.3. Certificates of Insurance. CONTRACTOR shall provide to CITY certificates of
insurance showing the insurance coverage and required endorsements described above, in a form
and content approved by CITY,prior to performing any services under this Agreement.
4
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way
the indemnification provision contained in this Agreement or the extent to which
CONTRACTOR may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed
served or delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Bert DiEugenio, Branch Manager Jason Simpson, Director of Finance
Insurance Overload Staffing Systems City of San Bernardino
8141 E. Kaiser Blvd., Suite 112 300 North "D" Street
Anaheim Hills, CA 92808 San Bernardino, CA 92418
Telephone: (714) 283-8820 Telephone: (909) 384-5242
Fax: (714)283-8827 Fax: (909) 384-5043
5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the CITY Attorney and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
"attorneys' fees" for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
5.5. Assignment: CONTRACTOR shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONTRACTOR's interest in this Agreement
5
without CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall
release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONTRACTOR shall protect, defend,
indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONTRACTOR's performance under this Agreement, except when caused by
the CITY's negligence.
5.7. Independent Contractor. CONTRACTOR, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not as an
agent or employee of CITY. CONTRACTOR shall secure, at his expense, and be responsible for
any and all payment of wages, benefits and taxes including, but not limited to, Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder.
Neither CONTRACTOR nor its officers, agents and employees shall be entitled to receive any
benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing or social security on account of CONTRACTOR
and its officers', agents' and employees' work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONTRACTOR.
5.8. Conflict of Interest Disclosure: CONTRACTOR or its employee may be subject
to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires
such persons to disclose financial interests that may be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making or participating in making
decisions that will have a foreseeable financial affect on such interest.
CONTRACTOR shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONTRACTOR shall be responsible for its work and
results under this Agreement. CONTRACTOR, when requested, shall furnish clarification
and/or explanation as may be required by the CITY's representative, regarding any services
rendered under this Agreement at no additional cost to CITY. In the event that an error or
omission attributable to CONTRACTOR occurs, then CONTRACTOR shall, at no cost to CITY,
provide all other CONTRACTOR professional services necessary to rectify and correct the
6
matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
the correction.
5.10. Prohibited Employment. CONTRACTOR shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONTRACTOR and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver.
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts: This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. CoMorate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, INSURANCE OVERLOAD SERVICES,
INC. DBA INSURANCE OVERLOAD
STAFFING SYSTEMS
Jason Simpson, Director of Finance Signature
Name and Title
ATTEST:
Georgeann Hanna, City Clerk
' APPROVED AS TO FORM:
James F. Penman
City Attorney
By: le-t `-
8
Attachment A-1
8141 E.Kaiser Blvd.,Suite 112
Anaheim Hills,CA 82008
17141283-BB20 TEL
(714)283-8827 FAX
w Jnsuranceoverload.wm
INSURANCE December 10,2012
OVERLOAD
STAFFING
Dear Rhonda,
Corporate
Headquarters Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
DALLAS to provide staffing services to The City of San Bernardino.This letter confirms
that Sandra Smith,a temporary employee of IOS,will begin working at The City
Regional of San Bernardino on 12/10/12,as a Work Comp Adjuster for The City of San
Bernardino.IOS will bill $39.00 per hour to The City of San Bernardino for
LOS ANGELES Sandra's services and$58. o per hour for overtime.rvEw YORK 5 p Payment of invoices is due
CHICAGO and owing within thirty(30)days of invoice date.While on this assignment,
DALLAS Sandra will be working under the Workers'Compensation,General Liability,
E&O and Fidelity insurance policies of IOS.
The City of San Bernardino will be responsible for supervising and directing
Sandra's work while on assignment.The City of San Bernardino shall verify the
accuracy of Sandra's time sheets recording regular and overtime hours worked
with The City of San Bernardino's permission or knowledge.
In the event,The City of San Bernardino fails to pay any invoice when due,The
City of San Bernardino agrees to pay all of I0S'costs of collection,including
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the
highest rate allowed by applicable law from the date the amount first became due.
Please contact me if you have any questions concerning the placement of Sandra
Smith,or if IDS may further assist The City of San Bernardino with its staffing
needs,
"nc
Linda Kirchm n
Staffing Manager
SV
8141 E.Kaiser Blvd..Suite 112
Anaheim Hills,CA 92BOB
[714)283-SB2D TEL
(714)283-BS27 FAX
TOS December 17,2012 w .lnsuranneoverluadzam
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
OVERLOAD to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Jeannine Norman,a temporary employee of IOS,will begin working at The
City of San Bernardino on 12/17/12,as a Work Comp Adjuster for The City of San
Corpa. Bernardino..IOS will bill $43.50 per hour to The City of San Bernardino for
Headquarters: Jeannine's services and$65.25 per hour for overtime. Payment of invoices is due
DALLAS and owing within thirty(3o)days of invoice date,While on this assignment,
Jeannine will be working under the Workers'Compensation,General Liability,
Regional E&O and Fidelity insurance policies of IOS.
Headquarters:
LOS N ANGELES The City f San Bernardino will be responsible for supervising and directing
NEW YORK Ty � p g g
CHICAGO Jeannine's work while on assignment.The City of San Bernardino shall verify the
DALLAS accuracy of Jeannine's time sheets recording regular and overtime hours worked
with The City of San Bernardino's permission or knowledge.
IOS has incurred substantial recruitment,screening,administrative and
marketing expenses with respect to its temporary employees;therefore,if The
City of San Bernardino,or an affiliate,successor or assignee of The City of San
Bernardino,directly or indirectly hires,employs or utilizes the services of
Jeannine,in any capacity other than as a temporary employee of IOS within six
(6)weeks of 12/17/2012,a conversion fee in the amount of$3,500.00 will be due
and owing by The City of San Bernardino. Should such employment or use occur
after six(6)weeks from 12/17/2o12,a conversion fee in the amount of$2,500.00
will be due and owing by The City of San Bernardino.If The City of San
Bernardino should hire,employ or utilize an IOS temporary employee within six
(6)months from the date the IOS temporary employee's assignment is
terminated,a conversion fee shall be due and owing.The amount of such
— - --conversion fee shall depend on the temporary employee's duration of assignment
prior to termination.Any applicable state taxes shall be added to conversion fees
charged.Payment of invoices is due and owing within thirty(3o)days of invoice
date.
In the event,The City of San Bernardino fails to pay any invoice when due,The
City of San Bernardino agrees to pay all of IOS'costs of collection,including
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the
highest rate allowed by applicable law from the date the amount first became due.
Please contact me if you have any questions concerning the placement of
Jeannine Norman,or if ICS may further assist The City of San Bernardino with
I
its staffing needs.
Sincerely,
Linua�NRirchmannt
Staffing Manager
SY
8141 E.Kaiser Blvd.,Suite 112
Anaheim Hills,CA 92808
(714)2838B20 TEL
(7141283.OB27 FAX
IDS December 27,2012 w .insuranceoverload.cam
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
OVERLOAD to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Mary Deshong,a temporary employee of IOS,will begin working at The City
of San Bernardino on 01/02/2013,as a Work Comp Adjuster for The City of San
Corporate Bernardino..IOS will bill$43.50 per hour to The City of San Bernardino for
Headquarters: Mary's services and$65.25 per hour for overtime.Payment of invoices is due and
DALLAS owing within thirty(3o)days of invoice date.While on this assignment,Mary will
be working under the Workers'Compensation,General Liability,E&O and
Headquarters:Ba Fidelity insurance policies of IOS.
rs:
LOS NEWYORK The City of San Bernardino will be responsible for supervising and directing
CHICAGO Mary's work while on assignment.The City of San Bernardino shall veiify the
DALLAS accuracy of Mary's time sheets recording regular and overtime hours worked with
The City of San Bernardino's permission or knowledge.
IOS has incurred substantial recruitment,screening,administrative and
marketing expenses with respect to its temporary employees;therefore,if The
City of San Bernardino,or an affiliate,successor or assignee of The City of San
Bernardino,directly or indirectly hires,employs or utilizes the services of Mary,
in any capacity other than as a temporary employee of IOS within six(6)weeks of
01/02/2013,a conversion fee in the amount of$3,500.00 will be due and owing
by The City of San Bernardino. Should such employment or use occur after six(6)
weeks from 01/02/2013, a conversion fee in the amount of$2,500.00 will be due
and owing by The City of San Bernardino.If The City of San Bernardino should
hire,employ or utilize an IDS temporary employee within six(6)months from
the date the IDS temporary employee's assignment is terminated,a conversion
fee shall be due and owing.The amount of such conversion fee shall depend on
the temporary employee's duration of assignment prior to termination.Any
applicable state taxes shall be added to conversion fees charged. Payment of
invoices is due and owing within thirty(3o)days of invoice date.
In the event,The City of San Bernardino fails to pay any invoice when due,The
City of San Bernardino agrees to pay all of IOS'costs of collection,including
reasonable attorney's fees.Additionally,IDS may charge interest on any overdue
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the
highest rate allowed by applicable law from the date the amount first became due.
Please contact me if you have any questions concerning the placement of Mary
Deshong,or if IOS may further assist The City of San Bernardino with its staffing
needs.
Sin rel •,
Linda Kirchm nn
Staffing Manager
S rV
;arevs r
8141 E Kaiser Blvd.,Suite 112
Anaheim Hills,CA 92809
(714)283-8820 TEL
(714)26343827 FAX
December 27,2012 w .insuranceeverload.com
Dear Rhonda,
INSURANCE Thank you for allowing Insurance Overload Services,Inc.(IOS)the opportunity
OVERLOAD to provide staffing services to The City of San Bernardino.This letter confirms
STAFFING that Damonyea Smith,a temporary employee of IOS,will begin working at The
City of San Bernardino on 01/02/2013,as a Work Comp Assistant for The City of
Corporate San Bernardino..IOS will bill$26.10 per hour to The City of San Bernardino for
Headquarters: Damonyea's services and$39.15 per hour for overtime. Payment of invoices is
DALLAS due and owing within thirty(30)days of invoice date.While on this assignment,
Damonyeawill be working under the Workers'Compensation, General Liability,
Haylonal E&O and Fidelity insurance policies of IOS.
Headquarters:
LOS N W YORK The Ci of San Bernardino will be r supervising g
New voaK tY responsible for su ervisin and directing
CHICAGO Damonyea's work while on assignment.The City of San Bernardino shall verify
DALLAS the accuracy of Damonyea's time sheets recording regular and overtime hours
worked with The City of San Bernardino's permission or knowledge.
IOS has incurred substantial recruitment,screening,administrative and
marketing expenses with respect to its temporary employees; therefore,if The
City of San Bernardino,or an affiliate,successor or assignee of The City of San
Bernardino,directly or indirectly hires,employs or utilizes the services of
Damoneya,in any capacity other than as a temporary employee of IOS within six
(6)weeks of 01/02/2013,a conversion fee in the amount of$3,500.00 will be due
and owing by The City of San Bernardino.Should such employment or use occur
after six(6)weeks from 01/02/2013,a conversion fee in the amount of
$2,500.00 will be due and owing by The City of San Bernardino. If The City of
San Bernardino should hire,employ or utilize an IOS temporary employee within
six(6)months from the date the IOS temporary employee's assignment is
terminated,a conversion fee shall be due and owing.The amount of such
conversion fee shall depend on the temporary employee's duration of assignment
prior to termination.Any applicable state taxes shall be added to conversion fees
charged. Payment of invoices is due and owing within thirty(30) days of invoice
date.
In the event,The City of San Bernardino fails to pay any invoice when due,The
City of San Bernardino agrees to pay all of IOS'costs of collection,including
reasonable attorney's fees.Additionally,IOS may charge interest on any overdue
amount at a rate of the lesser of one and one-half percent(1.5%)per month or the
highest rate allowed by applicable law from the date the amount first became due,
Please contact me if you have any questions concerning the placement of
Damoneya Smith,or if IOS may further assist The City of San Bernardino with its
staffing needs.
Siefcer ly,
� �
Li41da Kirchmann
Staffing Manager
SV