HomeMy WebLinkAbout19- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross,Director Subject: Resolution approving Amendment
No. 1 to Agreement for Services with
Dept: Development Services MuniTemps for temporary services of
Interim Construction/Survey
Date: December 21,2009 Manager in the Public Works
Division.
MCC Date: February 1, 2010
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact Person: Kerry Morford, Interim Assistant Director Phone: 5125
Staff Report, Resolution&
Supporting data attached: Amendment No. 1 (Exhibit Ward: All
"A„)
FUNDING REQUIREMENTS: Amount: $20,000
Source: (Acct. No) 242-362-5504-7576
Acct. Description: Metrolink Parking Structure
Finance:
Agenda Item No. 6
2-1 -20io
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. 1 to Agreement for Services with MuniTemps for
temporary services of Interim Construction/Survey Manager in the Public Works Division.
Background:
On November 9, 2009 the City Manager approved an Agreement with MuniTemps to provide
the temporary services of an Interim Construction/Survey Manager to supervise the
Construction/Survey Section of the Public Works Division while the City recruits for a
permanent employee to fill the position. The Agreement provides that MuniTemps will provide
the services of Mr. Eddy Jan, in the position of Construction/Survey Manager, at a rate of$77
per hour for a total not to exceed amount of$24,900. The majority of this cost is being charged
to projects in the Capital Improvement Program(CIP).
Staff has been working with the Human Resources Departments to recruit a permanent
Construction/Survey Manager. In order to insure a sufficient quantity of qualified candidates,
the recruitment was left open for a period of 47 days. Interviews were recently completed with
the final candidates and a selection has been made. The successful candidate has accepted the job
offer and can start work the day after the Mayor and Common Council approve the appointment
which is planned for the January 19 City Council meeting.
Eddy Jan has been working approximately 36 hours per week. At that rate, the current funding
in the amount of$24,900 will be expended by mid January, 2010. Eddy Jan has been providing
invaluable assistance on the Metrolink parking structure project and other CIP projects in
addition to supervising the construction/survey operations. Staff is proposing to retain Eddy Jan
for an additional time of approximately one and a half months to provide for a transition for the
new Construction/Survey Manager so as not cause delays with projects currently underway,
particularly the Metrolink parking structure project. Mr. Jan's contractual expenses will be
charged to the Metrolink parking structure project and other specified CIP projects where his
assistance may be needed, i.e., there will be no burden to the General Fund. Therefore, staff is
requesting that the funding for the Agreement with MuniTemps be increased by an additional
$20,000 so that Mr. Jan's services can be retained to provide a transition period for the new
Construction/Survey Manager.
Financial Impact:
Funding for Amendment No. 1 is available in the FY 2009/10 Budget in Account No. 242-362-
5504-7576, Metrolink Parking Structure and the various Capital Improvement Program projects
that fund construction/survey activities.
Recommendation:
Adopt Resolution.
2
I RESOLUTI COPY
ON NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 1 TO A MUNCIPAL STAFFING AGREEMENT WITH
3 MUNITEMPS TO PROVIDE, ON A TEMPORARY BASIS, AN INTERIM
4 CONSTRUCTION/SURVEY MANAGER TO SUPERVISE THE
CONSTRUCTION/SURVEY SECTION OF THE PUBLIC WORKS DIVISION.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager is authorized to execute Amendment No. 1 to
8 Municipal Staffing Agreement with MuniTemps to provide, on a temporary basis, an Interim
9 Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works
10
it Division, said Amendment being attached as Exhibit"A".
12 SECTION 2. This Amendment No. 1 shall not take effect or become operative until fully
13 signed and executed by the parties and no party shall be obligated hereunder until the time of
14 such full execution. No oral agreements, amendments, modifications or waivers are intended or
15 authorized and shall not be implied from any act or course of conduct of any party.
16 SECTION 3. The authorization to execute this agreement is rescinded if the parties fail
17
18 to execute it within sixty(60) days of passage of this resolution.
19
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- 1 -
1 RESOLUTION ... APPROVING AMENDMENT NO. 1 TO A MUNCIPAL
STAFFING AGREEMENT WITH MUNITEMPS TO PROVIDE, ON A TEMPORARY
2
BASIS, AN INTERIM CONSTRUCTION/SURVEY MANAGER TO SUPERVISE THE
3 CONSTRUCTION/SURVEY SECTION OF THE PUBLIC WORKS DIVISION.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held
6 on the day of 2010, by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
r 14 JOHNSON
15 MC CAMMACK
16
17
18 Rachel Clark, City Clerk
19 The foregoing resolution is hereby approved this day of , 2010.
20
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
26
® 27 By.
28
2 -
Exhibit"A"
AMENDMENT NO. 1 TO MUNICIPAL SERVICES AGREEMENT
�.r
This Amendment No. 1 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
day of , 2010 by and between the Agency and the Consultant.
WITNESSETH:
A. WHEREAS, on November 9, 2009, the City Manager of City approved a
Municipal Staffing Agreement with MuniTemps in the amount of $24,900 to provide, on a
temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey
Section of the Public Works Division, said Municipal Staffing Agreement being attached hereto
and marked Attachment"A"; and,
B. WHEREAS, based on the current rate of expenditure, funding for said Municipal
Staffing Agreement will be depleted by the middle of January 2010; and,
C. WHEREAS, the services of said Interim Construction/Survey Manager will be
needed until March 2010; and
2010. D. WHEREAS, said Municipal Staffing Agreement is valid through November 9,
NOW THEREFORE,the parties hereto agree as follows:
1. Paragraph 25 of the Municipal Staffing Agreement is hereby amended to read that this
Agreement shall not exceed$44,900.
2. Over the term of this Agreement, Consultant shall be compensated for said Agreement as
follows:
a) Original Agreement approved by City Manager 11-09-09 . . . $24,900.00
b) Amendment No. 1 (this Amendment) 20,000.00
Total not-to-exceed amount . . . . . . . . . . . . $44,900.00
3. All other terms and conditions of said Agreement for Services approved by the City Manager
on November 9, 2009 shall remain unchanged.
Exhibit"A"
Amendment No. 1 to Municipal Services Agreement—MuniTemps.
Page 2 of 2
AMENDMENT NO. 1 TO MUNICIPAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
MUNITEMPS
Date: by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date: by:
Charles E. McNeely, City Manager
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By:
2
ATTACHMENT`rA"
` �Temps �
Municipal Staffing Solutions
Municipal Staffing Agreement
GOVERNMENT STAFFING SERVICES INC., DBA MUNITEMPS,with its corporate office
located at 600 PALM AVENUE, SUITE 115, IMPERIAL BEACH, CA 91932 ('STAFFING
FIRM"), and the CITY OF SAN BERNARDINO, with its principal office located at 304
NORTH D STREET, SAN BERNARDINO, CA 92418 ("CITY") agree to the terms and
conditions set forth in this Municipal Staffing Agreement (the 'Agreement").
STAFFING FIRM's Duties and Responsibilities
1. STAFFING FIRM will:
a. Recruit, screen, interview, and assign its employees ("Assigned Employees") to
perform the type of work described on Exhibit A under CITY's supervision at the
locations specified on Exhibit A,
b- Pay Assigned Employees'wages and provide them with the benefits that STAFFING
FIRM offers to them:
c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and
workers' compensation benefits; and handle unemployment and workers'
compensation claims involving Assigned Employees;
CITY's Duties and Responsibilities
2. CITY will
a. Properly supervise Assigned Employees performing its work and be responsible for
its business operations, products, services, and intellectual property;
b. Properly supervise, control, and safeguard its premises, processes, or systems, and
only permit Assigned Employees to operate CITY vehicles or mobile equipment if
covered on CITY insurance policy. Not entrust Employees with unattended
premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret
information, negotiable instruments, or other valuables without STAFFING FIRM's
express prior written approval or as strictly required by the job description provided to
STAFFING FIRM;
c Provide Assigned Employees with a safe work site and provide appropriate
information, training. and safety equipment with respect to any hazardous
substances or conditions to which they may be exposed at the work site;
d. Not change Assigned Employees'job duties without STAFFING FIRM's express prior
written approval, and
e. Exclude Assigned Employees from CITY's benefrt plans, policies, and practices, and
not make any offer or promise relating to Assigned Employees'compensation or
benefits-
ATTACHMENT "A"
Goveznnant Staffing Services, Inc.
pimp Municipal staffing Agieeonnt
w w • +N
Payment Terms, Bill Rates, and Fees
3. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A and
will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM
will invoice CITY for services provided under this Agreement on a Semi-Monthly basis.
Payment is due on receipt of invoice. Invoices will be supported by the pertinent time
sheets or other agreed system for documenting time worked by the Assigned
Employees. CITY's signature or other agreed method of approval of the work time
submitted for Assigned Employees certifies that the documented hours are correct and
authorizes STAFFING FIRM to bill CITY for those hours If a portion of any invoice is
disputed, Cl TY will pay the undisputed portion.
4 STAFFING FIRM may assign two classes of Employees at CITY: (1) "Executive'
Employees are presumed to be exempt from laws requiring premium pay for overtime,
holiday work, or weekend work. These Employees are assigned on a fixed monthly
salary contract which will be paid and pro rated on a bi-weekly pay cycle When
assigned Employee completes project at CITY, CITY will be required to pay the pro rated
amount of the monthly salary contract agreed to in Exhibit A as of the full week ending
last day worked at the CITY.. (2) 'Non-Executive" Employees are presumed to be
nonexempt from laws requiring premium pay for overtime, holiday work, or weekend
work. STAFFING FIRM will charge CITY special rates for premium work time only when
an Assigned Employee's work on assignment to CITY, viewed by itself, would legally
require premium pay and CITY has authorized, directed, or allowed the Assigned
Employee to work such premium work time. CITY'S special billing rate for premium hours
will be the same multiple of the regular billing rate as STAFFING FIRM is required to
apply to the Assigned Employee's regular pay rate. (For example, when federal law
requires 150% of pay for work exceeding 40 hours in a week, CITY will be billed at 150%
of the regular bill rate.)
5. If CITY uses the services of any Assigned Employee as its direct employee,as an
independent contractor, or through any person or firm other than STAFFING FIRM
during or within 183 days after any assignment of the Assigned Employee to CITY from
STAFFING FIRM, CITY must notify STAFFING FIRM and pay a lump sum equal to(a)
9% of the annual salary of Assigned Employee if that Employee has worked a minimum
of 867 hours or(b) 19% of the annual salary of Assigned Employee if the Employee has
worked less than 867 hours for CITY
Confidential Information
7. Both parties may receive information that is proprietary to or confidential to the other
parry or its affiliated companies and their CITYS Both parties agree to hold such
information in strict confidence and not to disclose such information to third parties or to
use such information for any purpose whatsoever other than performing under this
Agreement or as required by law. No knowledge. possession, or use of CITY's
confidential information will be imputed to STAFFING FIRM as a result of Assigned
Employees' access to such information.
Cooperation
8. The parties agree to cooperate fully and to provide assistance to the other party in the
investigation and resolution of any complaints. claims, actions, or proceedings that may
be brought by or that may involve Assigned Employees
Indemnification and Limitation of Liability
ATTACHMENT "A"
����.yy.wp��, _ Government Staffing Services, ine.
r�yr 8171 5 ]Nnicipal Suffinq Agreement
9 To the extent permitted by law, STAFFING FIRM will defend, indemnify,and hold CITY
and its directors, officers,agents, representatives, and employees harmless from all
claims, losses, and liabilities(including reasonable attorneys' fees)to the extent caused
by STAFFING FIRM's breach of this Agreement, its failure to discharge its duties and
responsibilities set forth in paragraph 1: or the negligence, gross negligence, or willful
misconduct of STAFFING FIRM or STAFFING FIRM's officers, employees, or authorized
agents in the discharge of those duties and responsibilities
10. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFING FIRM
and its parent, subsidiaries, directors. officers, agents, representatives, and employees
harmless from all claims, losses, and liabilities (including reasonable attorneys' fees)to
the extent caused by CITY's breach of this Agreement, its failure to discharge its duties
and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or
willful misconduct of CITY or CITY's officers, employees, or authorized agents in the
discharge of those duties and responsibilities,
11_ Neither party shall be liable for or be required to indemnify the other party for any
incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in
connection with this Agreement. regardless of the form of action (whether in contract,
tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if
such party has been advised of the possibility of such damages.
12. As a condition precedent to indemnification, the party seeking indemnification will inform
the other party within 15 business days after it receives notice of any claim, loss, liability,
or demand for which it seeks indemnification from the other party, and the party seeking
indemnification will cooperate in the investigation and defense of any such matter.
13. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete
agreement between the parties with respect to Indemnification, and each party waives its
right to assert any common-law indemnification or contribution claim against the other
party.
Miscellaneous
14. Notwithstanding any other provision of this Agreement to the contrary, the provisions of
paragraphs 9- 13 shall remain effective after termination or renewal of this Agreement.
15. No provision of this Agreement may be amended or waived unless agreed to in a writing
signed by the parties.
16. Each provision of this Agreement will be considered severable, such that if any one
provision or clause conflicts with existing or future applicable law or may not be given full
effect because of such law, no other provision that can operate without the conflicting
provision or clause will be affected
17. This Agreement and the exhibits attached to it contain the entire understanding between
the parties and supersede all prior agreements and understandings relating to the
subject matter of the Agreement
10. The provisions of this Agreement will inure to the benefit of and be binding on the parties
and their respective representatives, successors, and assigns.
9
ATTACHMENT `aA"
.}yam Go.re rnm�_nt Staffznq Sarvicee, Inc.
p ern . Hu cipal Sta{fang Agssement
]��1wnlpl N�anf bY.wn
19. The failure of a party to enforce the provisions of this Agreement will not be a waiver of
any provision or the right of such party thereafter to enforce each and every provision of
this Agreement.
20 CITY will not 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 when sent
via the United States Postal Service or a nationally recognized courier, addressed as
shown on the first page of this Agreement.
22 Neither parry will be responsible for failure or delay in performance of this Agreement if
the failure or delay is due to labor disputes, strikes, fire, riot,war, terrorism, acts of God,
or any other causes beyond the control of the nonperforming party.
23. The provisions of this agreement shall be entered into according to the laws of the State
of California.
Term of Agreement
24, This Agreement will be for a term of 12 months from the first date on which both
parties have executed it This agreement may be extended for 12 additional months
by mutual agreement of both parties. The Agreement may be terminated by either
party upon 7 days written notice to the other party
25 The interim staffing services to be provided under this agreement shall not exceed
$24,900 and shall be requested via duly authorized CITY Purchase Order(PO).
Additional staffing services will require a change order to the PO and must be
approved in writing by both the CITY and STAFFING FIRM.
Authorized representatives of the parties have executed this Agreement below to
express the parties' agreement to its terms.
OF SAN BERNARDINO GOV RNMENT STAFFING SERVICES, INC.
g/ /
n�ature Sign re
Printed Name Printed Nam
TitlGt� c P Title
`�fi
Date Date
APPROVED AS TO FORM:
James F. an,
City AttoF
c
vy,
ATTACHMENT "A"
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