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HomeMy WebLinkAboutMANPOWER INC EXPRESS PERSONNEL - CONTRACT - RFP - P671 TEMPORARY PERSONNEL SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and MANPOWER, INC , hereinafter referred to as "Service Provider' WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scooe of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference 2 The Work Schedule The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule as outlined in the Purchase Order 3 Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement Time is of the essence Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties 4 Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end The agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 5 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 6 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses City Joan Busch Human Resources Department City of Fort Collins P O Box 580 Fort Collins, CO 80522 Copy To James B O'Neill II, CPPO Purchasing Department City of Fort Collins P O Box 580 Fort Collins, CO 80522 Service Provider Elizabeth Glathar MANPOWER INC 3665 JFK Pkwy Fort Collins, CO 80525 Classification Description Pay Rate Bill Rate ACCOUNTANT CAD OPERATOR COMPUTER OPERATOR Examines, analyzes and interprets accounting records to prepare statements and/or advise management May supervise accounting personnel Requires advanced degree Utilizes a computer workstation to make a drawing that would otherwise be made, by hand on a drafting board The workstation may consist of a computer a CRT display and a keyboard Sets up, operates and monitors a computer system that processes and prepares reports for business or scientific records Uses a mainframe or digital computer $15 86 - $23 08 $20 93 -$30 47 $1200-$1682 $1584-$2220 $950-$11.00 $1254-$1452 r`41 Ell Classification Description Pay Rate Bill Rate COMPUTER OPERATOR - ADVANCED COMPUTER SUPPORT SPECIALIST DESKTOP PUBLISHING Advanced levels of monitoring and operating the control console of a mainframe or digital computer Knowledge and experience of set-up and load equipment, operate console, diagnose and correct equipment or program malfunctions and maintain operations records Installs, modifies and makes minor repairs to personal, mid -range and mainframe computers, hardware and software systems and provides technical assistance and training Assists in the preparation of engineering or technical documents using a desktop publishing system Documents include technical business and management presentation, technical papers, proposals, reports, manuals, and brochures $1100-$1350 $1452-$1782 $1200-$1500 $1584-$1980 $1346-$1730 $1777-$2284 El Classification Description Pay Rate Sill Rate ENVIRONMENTAL PLANNER/ANALYST ENGINEERS Analyzes data to assess pollution problems, establish standards and develop approaches for control of pollution May specialize in air pollution, soils, or water quality analysis Possesses educational qualifications and work experience as established by engineering schools, employers, and licensing authorities for employment in the various disciplines of engineering Problem resoultion, directs protects Four year degree $17 78 - $23 08 $23 47 - $30 47 $20 00 - $38 00 $26 40 - $50 16 e Classification Description Pay Rate Bill Rate PROGRAMMER Prepares sequences of $20 00 and up $26 40 and up instructions for a computer without necessarily converting them into detailed codes "Pay various depending upon the programming language Oracle, COBOL, PowerBwider, RPG - pay is at premium TECHNICAL WRITER Often an engineering $15 00 - $35 00 $19 80 - $46 20 level person who writes proposals, reports, manuals, specifications, etc Must be technically oriented to understand the design, construction and operations of equipment Must also be able to assimilate information and present it in a clear, organized and concise manner, often to a non - technically -oriented reader 3 2 Fixed Markup Percentage The markup for clerical positions is 1 24 times the pay rate and -the markup for technical positions is 1 32 times the pay rate For light industrial positions lifting 25 pounds or less the markup is 1 34 times the pay rate, medium industrial positions, lifting between 26 and 45 pounds, the markup is 1 4 times the pay rate, and heavy industrial, lifting more than 45 pounds, the markup is 1 44 times the pay rate Technical positions lifting more than 50 pounds have a markup of 1 44 times the pay rate 3.3 Fixed Fee per Project Manpower does not provide temporary employees on a fixed fee per protect basis 0 Zc; Issued at the request of Date G� Insurance AON Risk Services, Inc. of Wisconsin Two Plaza East Suite 450 330 East Kilbourn Avenue Milwaukee, Wisconsin 53202 Name of Insured Manpower Inc. its Subsidiaries & AfrWates The undersigned Insurers by their duly authorized agents hereby severally certify that the insurance referred to opposite their names is in effect COVERAGES LIMITS For Which Insurance is Afforded of Liability INSURERS Blanket Excess Liability $35,000,000 each occurrence Federal Insurance Company Policy No (99) 7972-2954 $35,000,000 aggregate 7,, By Expiration Date 3/1/99 Bodily Injury and Ap�7�rl°"ea—rig—"� Property Damage "Worker's Compensation US Longshoremen's and Compensation — Harbor Worker's Statutory Compensation Continental Casualty Company By Employer's Liability $1,000,000 each accident "°'h0nred Age"` Policy No WC-16680-8719 $1,000,000 disease —policy limit Expiration Date 3/1/99 $1,000,000 disease —each employee Bodily Injury Liability Including Contractual Property Damage Liability $2,000,000 each occurrence Continental Casualty Company Combined $2,000,000 products aggregate By Policy No GL-16680-8784 $2,000,000 general aggregate Expiration Date 3/1/99 "Automobile Liability Comprehensive Form Owned Hired $1,000,000 combined single Continental Casualty Company Non -owned limit for any one loss By'�'� Bodily Injury Liability Property Damage Liability Policy No BUA-16680-8848 Expiration Date 3/1/99 Primary Commercial Blanket Bond Continental Casualty Company Policy No CRI-16680-8929 By`'a��'rl�"""ee Expiration Date 3/1/99 $5,000,000 each occurrence ng—em Illinois Ohio California-Arizona-Washington— self-msured State Funds where applicable Applies as secondary coverage only Primary coverage is customer responsibility The insurance afforded by the policies described herein ,s subject to all the terms exClasions and conditions of such policies Limits shown may he" been reduced by paid claims In the event of cancellation of or any reduction of limits in the insurance as shown herein the Insurance Company will give 60 days advance notice by mail to the party to whom this certifi- cate is addressed at the address stated herein The mailing of such notices as aforesaid shall be sufficient proof of notice INS-tOB fExp 311199 Rev 3/98j In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 7 Payments a The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of six (6) pages, and incorporated herein by this reference b Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work 8 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 9 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 10 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 11 Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 12 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workership for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any H1[1; tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 13 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 14 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 15 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 16 Indemnity/Insurance (a) The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder (b) The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property (c) Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 17 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 18 Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 0 TE SECRETARY THE CITY OF FORT COLLINS, COLORADO By Ja s O'Neill II, CPPO Director of Purchasing and Risk Management L cl Date _� Manpower International I/nc. i"NRG By1 David B. Wescoe Title Vice President CORPORATE PRESIDENT OR VICE PRESIDENT Date June 19, 1998 (Corporate Seal) EXHIBIT "A" GENERAL SCOPE OF SERVICES This section is intended to outline and define the categories in the general scope of work that may be needed by the City The items or tasks listed in each category are examples of the types of specific services that the City anticipates are likely to be required or may potentially be required It is possible that additional or extended similar services may be required at some point of time and the City may choose to utilize the Professional under such circumstances However, the City makes no assurance that any specific service described in this section will be needed during the initial one-year term of any contract that may be awarded pursuant to this Request for Proposal, or during any extension of such a contract 1 Provide support for various departments whenever the support workload exceeds the time available to City staff Requests for temporary employees may come from a wide range of City agencies and departments, covering temporary personnel categories representing a diversity of skills and duties Requests for temporary personnel support will go directly to the Professional from each individual department or agency The Professional will then work directly with the department to meet the need The Professional's project manager will need good communication skills and a focus on customer service 2 Pursuant to the Request for Proposal, the highest -ranked Professional will serve as the primary contractor and the second -highest ranked Professional will serve as the secondary (backup) contractor As a standard practice, it is the intent of the City that a City department that determines that it needs temporary personnel services, beyond the department's and the City's internal resources, would contact the primary contractor regarding the specifics of the need If the primary contractor is unable to meet that need with sufficient qualified personnel in the time frame required, the secondary contractor would be contacted If neither contractor is able to meet the need, other contractors would be contacted 3 The Professional will maintain a listing of all temporary employees who have worked on assignments with the City This list shall include, at a minimum, the following information a The employee's name and social security number, b The employee's position classification, and training or skill level(s), as appropriate, c The agency / department assignment, d The employee's total hours worked, salary per hour and cost per hour, and total cost, e The supervisor's performance rating of the employee, f The total hours assigned per classification, and g The total cost to the City for all employees provided Utilizing this listing, the Professional will report all activity with the City to the Human Resources Department and the Purchasing Division on a quarterly basis, within two weeks after the end of the quarter 4 Each separate assignment requiring temporary employee(s) for a department will be authorized through the issuance of a Purchase Order based on the Service Agreement To provide the back-up information needed for each specific Purchase Order, the Professional will work with the department involved to provide a quotation for each temporary -employee assignment that includes a A description of the work to be performed, b The number and categories of employees required, c The location and time for initiation and performance of the work, d The payment procedures and amounts, e A description of the labor, materials, and support to be supplied by the City, f Identification of the supervisor / protect manager for the department, and g Any other special circumstances relating to the performance of the work assignment 5 The Professional shall have available and/or be able to provide an adequate number of qualified, dependable personnel in each category for temporary employment by the City on request The exact requirements in a given situation, such as the number of temporary employees, the categories required, days, dates, hours, and so on, will be determined by the various departments and agencies as needs may arise, and will be specified by Purchase Order 6 The Professional will provide an employee evaluation form to the City department protect manager for each assignment Completed evaluation forms shall be maintained by the Professional and copies shall be provided to the Human Resources Department on request In addition, the Professional will also provide a company evaluation form (for evaluation of the Professional's performance) to the City department protect manager for each assignment Completed evaluation forms shall also be maintained by the Professional, and copies shall be provided to the Human Resources Department on request EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement 2 Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance EXHIBIT "C" Section 3 Pricing Options 13.1 Fixed Hourly Rates by Category Clerical Skills Classification Categories Classification Description Pay Rate Bill Rate RECEPTIONIST TELEPHONE SWITCHBOARD OPERATOR Greets and directs visitors, provides information, answers telephone, maintains visitor log, may provide security passes and handle simple typing Transfers calls, provides agency directory assistance, handles a variety of calls, good phone skills and customer relations Experience in operating telephone switchboard or PBX console ACCOUNTING CLERK Posts to account receivable general ledger or cash receipts journal Reconciles bank statements Experience in manual and computer systems, payroll tax reporting and ten key skills $7 00 $9 92 $992-$1116 Clerical Skills Classification Categories Classification Description Pay Rate Bill Rate OFFICE CLERK Performs clerical duties $7 00 $8 68 as assigned in accordance with the agency office procedures including collating, sorting, inserting, folding materials, filing, verifying data, completing routine forms and maintain records KEY ENTRY Enters mailing lists, $7 50 $9 30 OPERATOR demographic data, general information, etc , into data bank Able to key from simple source documents batched or unbatched ADMIN ASST I Clerical duties, $7 50 $9 30 processes information of a general nature Has knowledge of word processing, spreadsheets, etc ADMIN ASST li Capable of information $8 50 $10 54 storage, retrieval, modification to produce error -free final copy Must have excellent computer skills ADMIN ASST III Must have professional $9 50 $11 78 policies Processes own initiative