HomeMy WebLinkAbout21-Human Resources ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Linn Livingston Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
Dept: Human Resources THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF
Date: March 19, 2007 AN AGREEMENT AND PURCHASE
ORDER TO INSURANCE OVERLOAD
STAFFING SYSTEMS FOR
TEMPORARY STAFFING SERVICES
IN THE AMOUNT OF $55,000.00.
M/CC Meeting Date: April 2, 2007
Synopsis of Previous Council Action:
On September 5, 2006 the Mayor and Common Council approved Resolution No. 2006-
310 authorizing an increase to Purchase Order No. 999362 to Insurance Overload
Staffing for a total purchase order amount not to exceed $32,400.00 for FY 05/06.
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2006-07 Worker's Comp budget
and transfer $55,000 from account 678-452-50xx (salary and benefits) to account #
678-452-5502 (professional/contractual) for temporary staffing servi es
Signature
Contact person: Linn Livingston Phone: 384-5161
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $55,000
Source: (Acct. No.) 678-452-5502
(Acct. Description) Workers' Compensation
Finance: "�
Council Notes: ej-6 2607- /07
Agenda Item No.
i
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect•
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 in the amount of$55,000.
Background:
On September 5, 2006 Resolution No. 2006-310 was approved to pay for services to Insurance
Overload Staffing for the services of a temporary adjuster to fill the vacant Workers'
Compensation Adjuster position in the Human Resources Department, Workers' Compensation
Division for the FY 2005/2006. Due to the mandatory state requirements, a temporary adjuster
was hired to fill the position while we recruit for a permanent position. However, we were
unable to find a qualified candidate to fill the position and continued using the temporary agency,
Insurance Overload Staffing.
The City recently took steps to increase the salary of the position and went back out to recruit
qualified candidates. With the change in the salary and the new recruitment, the Division was
able to fill the position on March 6, 2007. Until the position was filled it was necessary to
continue to utilize Insurance Overload Staffing Systems, resulting in an additional expense of
approximately $30,000.
The Human Resources Department is requesting that PO#207454 be increased by$30,000 to pay
for the continued services of Insurance Overload Staffing in excess of the original PO for
$24,999.
Financial Impact:
This action will increase the Purchase Order#207454 to $55,000. The Workers' Compensation
Division will have salary and benefits savings in Account No. 678-452-55XX to cover the
additional cost for the necessary temporary services.
Recommendation:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2006-07 Worker's Comp budget and
transfer$55,000 from account 678-452-50xx (salary and benefits) to account# 678-452-5502
(professional/contractual) for temporary staffing services
HR/Agenda Items:SR.Insurance.Overload.12-2006
•
I RESOLUTION NO. C(DPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL
S L OF T
AN B HE
ERNARDINO AUTHORIZING CITY OF
3 ORIZING THE EXECUTION OF AN A
PURCHASE ORDER TO IN AGREEMENT AND
TEMPORARY STAFFING SERVICES IN THE AMOUNT OF$55,000. SYSTEMS FOR
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute on
8 behalf of said City an Agreement between the City of San Bernardino and Insurance Overload
9 Staffing Systems, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
10 reference and the Finance Department is hereby authorized and directed to increase Purchase Order
I 1 No. 207454 to Insurance Overload Staffing by$30,000, for a total amount not to exceed $55,000.
12 SECTION 2. The Purchase Order shall reference this Resolution No.2007-
and shall
13 read"P.O.No.207454,not to exceed$55,000"and shall incorporate the terms and conditions of this
14 resolution.
.. 15 SECTION 3. This authorization to execute the above-referenced Agreement and Purchase
16 Order is rescinded if not issued within sixty (60) days of the passage of this resolution.
17
18
19
20
21
22
23
24
25
26
27
28
SDE/ed/Resolutions[InsuranceOverload Staffing.Reso] 1
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 PURCHASE ORDER TO INSURANCE OVERLOAD STAFFING SYSTEMS FOR
4 TEMPORARY STAFFING SERVICES IN THE AMOUNT OF $55,000.
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 thereof, held on
7 day of , 2007, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN AB_
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
Rachel G. Clark, City C1erk
18 The foregoing resolution is hereby approved this
day of , 2007.
19
20
Patrick J. Morris, Mayor
21 City of San Bernardino
22 Approved as to form:
JAMES F. PENMAN,
23 City Attorney
24
25 By. Le,
,
26
27
28
SDE/ed/Resolutions[In surance0verload Staffing.Reso] 2
Exhibit A
AGREEMENT FOR TEMPORARY STAFFING SERVICES
THIS AGREEMENT is made and entered into this
2007 ("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 temporary staffing 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
t 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
I.I. Scone of Services. Contractor shall furnish temporary staffing services to
City in accordance with Contractor's Letter dated November 9, 2006, attached and
incorporated herein as Attachment A-1.
1.2. 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.
F\EASLAND\InsuranceOverloadStaffing.Agreement.doc
1
1.3. 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
attorneys' fees and costs, presented, brought, or recovered against City for, or on account
of any liability under any of the above-mentioned laws, which may be incurred by reason
of Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
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.
1.5 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.
1.6. Delegation and Assignment. This is a personal service 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.
1.7. Business License: The Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and
agrees that Contractor shall maintain a fiduciary duty and a duty of loyalty to the City in
performing Contractor's obligations under this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such services in an amount not to exceed $55,000, 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.
F\EASLA ND\InsuranceOverloadStaffing.Agreement.doc
2
2.2. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in Attachment A-1, unless the
City's Director of Human Resources or her designee, 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 Billing. Contractor may submit invoices to City's Human
Resource's Director for approval on a progress basis, but no more often than monthly.
Said invoice shall be based on the total of all Contractor's services which have been
completed to City's sole satisfaction. City shall pay Contractor's invoice within thirty
(30) days from the date City receives said invoice. Each 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 or its Director of Human Resources for
inspection and/or audit at mutually convenient times for a period of three (3) years from
the Effective Date of this Agreement.
3.0. TIME OF PERFORMANCE
3.1.
Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Failure to commence work in a timely manner and/or
diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
Previously terminated as provided herein or as otherwise agreed to in writing by the
parties.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, 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
F:\EASLAND\InsuranceOverloadStaffing.Agreement.doc
3
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.
4.3. 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.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive 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
Q ($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be 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."
F:\EASLAND
\InsuranceOverloadStaffing.Agreement.doc
4
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. 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.
6.0. GENERAL PROVISIONS
6.1. 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.
6.2. Representatives. The Director of Human Resources or her designee shall
be the representative of City for purposes of this Agreement and may issue all consents,
approvals, directives and agreements on behalf of the City, called for by this Agreement,
except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Contractor called for by this Agreement, except as otherwise expressly provided
in this Agreement.
6.3. 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
e
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONTRACTOR: IF TO CITY:
Insurance Overload Staffing Linn Livingston
Systems Director of Human Resources
500 N. State College Blvd.
Suite 860 300 North "D" Street
San Bernardino, CA 92418
Orange, CA 92868-1638
Tel: (714) 634-5966 Tel: (909) 384-5161
Fax: (714) 634-5962 Fax: (909) 384-5397
''r F:\EASLAND\InsuranceOverloadStaffing.Agreement.doc
5
6.4. 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
paragraph.
6.5. 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.
6.6. Assi nment. Contractor shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or an
Agreement without City's prior written consent. An attempted cassi interest in this
subletting or encumbrance shall be void and shall constitute a breach of hisnAgreement
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.
6.7 Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Contractor, its employees, agents or subcontractors in the performance of
this Agreement.
6.8. 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 employee of City. Contractor shall secure, at its expense, and be responsible for any
and all payment of 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 an
required, in connection with the services to be performed hereunder. y a
6.9 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Contractor or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Contractor agrees that an
such documents or information shall not be made available to any individual or y
organization without the prior consent of City. Any use of such documents for other
F:\EASLAND\Insurance0verloadStaffing.Agreement.doc
6
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Contractor. City shall
indemnify and hold harmless Contractor from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other related items as requested by City or its authorized
representative, at no additional cost to the City.
6.10. Prohibited Employment. Contractor will not employ any regular
employee Of City while this Agreement is in effect.
6.11. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.12. 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.
6.13. 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.
6.14. Headings.s 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.
6.15. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.16 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.17. 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
F:\EASLAND\InsuranceOverloadStaffing.Agreement.doc
7
F
waiver is sought. The waiver of any right or remedy in respect to any occurrence
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.18. Seve_ rabilit_y If any provision of this Agreement is determined by a court
Of competent jurisdiction to be unenforceable in any circumstance, such determ
shall not affect the validity or enforceability inatio
of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for an
party is materially impaired, which determination as made b the any
arbitrator of competent jurisdiction shall be binding, then both parties agree t gsubst tute or
such provision(s)through good faith negotiations.
6.19. 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.
6.20. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement
behalf of said parties and that by doing so, the parties hereto are formally bound to on
provisions of this Agreement. the
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
executed by and through their respective authorized officers,
written. as of the date first above
CITY OF SAN BERNARDINO,
A Municipal Corporation, CONTRACTOR
Insurance Overload Staffing
Patrick J. Morris, Mayor By
Approved as to form:
James F. Penman,
City Attorney
By
arrr F:\EASLAND\InsuranceOverloadStaffing.Agreement.doc
8
Exhibit A-1
11
500 North State College Boulevard
Suite 860
WHOM Orange,CA 92868-1638
n (714)634-5966 TEL
1 �V ���-� (800)647-7375
�t/k (714)634-5962 FAX
/� www lnsuranceOverfoad com
J C M S ® `i 4,
CORPORATE
November 9, 2005
I
HEADQUARTERS: I Rhonda Haynes
DALLAS i City of San Bernardino
300 North 'D'St.
REGIONAL i San Bernardino, CA 92418
HEADQUARTERS:
LOS ANGELES Dear Rhonda,
NEW YORK
CHICAGO Thank you for allowing Insurance Overload Staffing Systems (IOS) the Opportunity
DALLAS staffing services to City of San Bernardino. This letter confirms the payroll-only temtporary taffin
services agreement between City of San Bernardino and IOS with respect to Sandra Smith. g
NATIONAL i Sandra was referred to IOS by City of San Bernardino for the purpose of temporary em to m
MARKETING placement at City of San Bernardino on a payroll-only basis through IOS. p Y ent
EADQUARTERS:
CHICAGO Sandra will begin working at City of San Bernardino on 11/14/05, as a WC Adjuster for City of San
Bernardino. IOS will bill$35.00 per hour to City of San Bernardino for Sandra's services and
CAr''-'AN I $52.50 for overtime. Payment of invoices is due and owing within thirty(30) days of invoice date.
''A ERS: City of San Bernardino will be responsible for supervising and directing Sandra's work while on
assignment. City of San Bernardino shall verify the accuracy of Sandra's time
TORONTO I regular and overtime hours worked with City of San Bernardino's permission or knowledgerding
As part of its payroll-only temporary staffing services, IOS will provide administrative services
regarding Sandra's assignment to include payroll and applicable local, state and federal payroll
taxes, deductions and withholdings, unemployment insurance, and workers'compensation
coverage.
Because Sandra will be working on a payroll-only basis, no conversion fees shall be owing to IOS
should City of San Bernardino hire Sandra onto City of San Bernardino's regular staff of
employees.
Please contact me if you have any questions concerning the placement of Sandra or if IOS may
further assist City of San Bernardino with its staffing needs.
Sinc y
Rebecca Rice
Staffing Coordinator
lilt
Screening
VetlflcatlOn