HomeMy WebLinkAboutEXPRESS 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 EXPRESS PERSONNEL SERVICES, 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 Scope 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 venting 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 Dept
City of Fort Collins
P O Box 580
Fort Collins, CO 30522
Copy To
James B O'Neill II, CPPO
Purchasing Dept
City of Fort Collins
P O Box 580
Fort Collins, CO 80522
Service Provider
Paul Fangman
Jean Fangman
EXPRESS PERSONNEL SERVICES
4631 E Mason St, Suite B2
Fort Collins. CO 80525
14.3 FIXED FEE PROJECT
Express can also provide the option to the City of Fort Collins to quote as a
fixed fee per project. This typically would be used for higher -level technical or
professional temporary employees. We have given two examples below for a
technical writer and an accountant. Obviously, the examples are fictional and
for demonstration purposes only. We will work with the City of Fort Collins on
a case -by -case basis for such project.
The guidelines we used to create the fixed fees are as follows:
• Employee's skills and qualifications meet those
required for the project
• Employee would work 40 hours per week
• Project is projected to last six months
14A JOB CATEGORIES & DESCRIPTIONS
Here are some basic job categories and job duties that Express uses. The duties
for each assignment that most closely fits the requirements of the assignment is
the criteria we will use to match skill levels appropriately:
• CLERICAL I - Receptionist work, filing, light typing, photocopying
• CLERICAL H - Word processing, typing, data entry
• SECRETARY - Heavy word processing, spreadsheets, office
coordination, meeting notes
• ADMINISTRATIVE ASSISTANT - Heavy word processing,
project coordination, decision -making tasks
• LIGHT INDUSTRIAL - General laborer, janitorial, tight warehouse
work, light lifting
ADDENDUM - PAGE 1
Following are changes to the City of Fort Collins Services Contract recommended by the legal
department of the corporate headquarters of Express Personnel Services All bolded areas are
additions and stnke-overs are deletions
Section 12 Warranty
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 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, except due
to the negligence and/or willful misconduct and/or as directed by the
City.
Section 16 Indemnitv/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 ansing
out of, result from or occurring in connection with the
negligent performance of any service hereunder
b) The Service Provider shall take all precautions in perfomimig
the work hereunder to prevent injury to persons and property
The City acknowledges that it is responsible for on -site
safety.
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, except for the negligence
and/or willful misconduct of the City. 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, CO 80521 one copy of a certificate evidencing the insurance
coverage required from an insurance company acceptable to the City
Ash
ADDENDUM - PAGE 2
lai: t:Itttl:
INSURANCE REQUIREMENTS
1 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
e;iten
"Should imy of the above described policies be canceled before the expiration date
thereof, the issuing Company will mail 30 days written notice to 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 momes 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 ansmg out of the
negligent performance of work perfenr" under this Agreement, except for the
negligence and/or willful misconduct of the City, its officers, agents and employees.
2 Insurance coverage 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
1 Worker' Compensation insurance with statutory limits as required by Colorado
law,
2 Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,00 disease each employee
B Commercial General & Vehicle Liability The Service Provider shall maintainduring
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 anse directly or
indirectly from the negligent 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 ---1
ev nt any of the Service Provider's employees are
drive any a uipment, Service Provider' i
Equipment Indemnity Agi ' 1 hav e e ecuti
employees being allowed access too otor
In the event any of Se
securities, an ir+
be si y th0 City.
a�a�ehieie or to
Iotorized Mobile
the City prior to sai
equipment.
OceT'rovidcr's employees are to haoate
transfers, Service Provider' sh Handling
CERTIFICATE OF INSURANCE
All Express Temporaries are insured and bonded Express guaran-
tees to provide and maintain the insurance coverages listed below
These policies cover the action of Express employees for which we
may be legally liable
LIMITS OF
COVERAGE LIABILITY
Worker's Compensation
and Statutory
Employers Liability $1,000,000
Comprehensive
General
Liability $1,000,000
Errors & Omissions
Fidelity Bond
Umbrella Liability
EXPRESS- SERVICES
Names ..dress Of CeN,2.te Hoban
City of Fort Collins
P 0. Box E80
Fort Collins, CO 80522
$1,000,000
$1,000,000
$5,000,000
ROBERTA FUNK
President
July 6, 1996
D,le I A,
TA 16 (REV 5
{ 'k
GUARANTEE
i
PERFORMANCE
Express Services Temporary and Permanent,Personnel guarantees
acceptable performance, from every temporary employee we
provide. We certify that all employees are fully qualified in'the skills
specified in your lob order
If you'are not, completely satisfied with our temporary'employee's
work and'we are notified within four hours, you will not be charged for
the original employee and a replacement; will be sent,
TAXES AND RECORDKEEPING
Express Services is the employer of record for all persons assigned by
them to any client: As `the employer Express guarantees, its 'full
compliance with all federal and state payroll tax and recordkeeping
requirements, including FICA and unemployment taxes.
Express further guarantees to pay all employees promptly by check
for all hours worked
ROBERT A FUNK
President
TA2(R.v 4/93)
Lw1'golm
CERTIFIC OF
(i6A®I®I@I®®
INSURANCE 07�%9a
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4821 Wheaton Drive
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O BOX 270370
COMPANIES AFFORDING COVERAGE
Fort Collins, CO 80527
COMPANY
AColorado Compensation Authority
INSURED
Express Personnel Services
COMPANY
IS
4631 S. Mason, Suite B2
Fort Collins, CO 80525
COMPANY =
C
COMPANY / `4
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTIVE
DATE(MM/DD/YY)
OLICYEXPIRATION
DATE(NIM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$
PRODUCTS-COMP/OP AGG
$
OM MERCIAL GENERAL LIABILIT
CLAIMS MADE OCCUR
PERSONAL& ADV INJURY
$
EACH OCCURRENCE
$
(OWNER'S&CONTRACTOR SPRO1
FIRE DAMAGE (Anyone Ire)
$
MED EXP(Anyone person)
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Paraccitlent)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
$
OAR AGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN AUTO ONLY
ANYAUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACHOCCURRENCE
$
AGGREGATE
$
UMBRELLAFORM
$
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
3130504
107j 01/9$
07/01 /Q9
I STATUTORY LIMITS
EACH ACC, DE NT
$500, 000 —`
EMPLOYERS' LIABILITY
DISEASE-POLICVLIMIT
$500r 000
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERSARE EXCL
DISEASE -EACH EMPLOYEE
$500, 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Collins
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
IC Department
-40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
300 Laporte
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Fort Collins, CO 80521
OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE Q
ACORD25-S(3193)1 of #M111341
SJK OA D CORPORATION 1993
P(,71
ACORD CERTIFICAW OF LIABILITY
INSU NCKP}{PRE 1 DATE (MM/DDIYYI
09/29/99
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ben A Reid & Associates/SGP
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
a Summit Global Partners Cc
7887 :Katy Freeway, Suite 429
HOLDER THIS CERTIFICATE DOES',,NOT,AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED'BV,,THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
Houston -TX 77024
James H Martln
PhoneNo 713-688-0869 Fax No 713-688-0911
COMPANY riw a- U i - -- — - --
Ai \ .,� American Dynasty SSurpl si Lines
INSURED_ i 1 -
COMPANY _
Nati nal Un�'on F r Ins�� Co
COMPANY Great�Amen can �� ran e Co.
Express Services Inc
Express Personnel Services
6300 N.W. Expressway, #200
Oklahoma City OK 73132-0000
COMPANY �Tyfy'rs��
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS ShOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MMIDD/YY)
POLICY EXPIRATION
DATE(MM/DD/YY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$2,000,000
PRODUCTS-COMP/OPAGG
$1,000,000
A
X COMMERCIAL GENERAL LIABILITY
TEP2534335
10/01/99
10/01/00
CLAIMS MADENI OCCUR
PERSONAL & ADV INJURY
$1,000,000
EACH OCCURRENCE
$1,000,000
OWNER'S& CONTRACTOR S PROT
FIRE DAMAGE (Any one fire)
$250,000
_
-
MED EXP (Any one person)
f EXCLUDED
A`
AUTOMOBILE
LIABILITY
ANvauro-- '' ` - �
_
TEP2534335
-� -
10/01/99
'
10/01/00-
COMBINED SINGLE LIMIT -"
$1,000,000
BODILY INJURY _
(Per person)
E-
ALL OWNED AUTOS
SCHEDULEDAUTOS
_
,
X
BODILY INJURY
(Per acclderd)
E
HIRED AUTOS
NON OWNED AUTOS
X
PROPERTY DAMAGE
f
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
E
AGGREGATE
E
EXCESS LIABILITY
EACH OCCURRENCE
f 5,000,000
AGGREGATE
15,000,000
C
X UMBRELLA FORM
TEP3577215
10/01/99
10/01/00
E
'
OTHER THAN UMBRELLA FORM
-
-
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
STATU- OTH-
TO RYLIMITS ER
EL EACH ACCIDENT
f
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL
EL DISEASE - POLICY LIMIT
f
EL DISEASE - EA EMPLOYEE
E
OTHER
B
FIDELITY BOND
3646817
10/01/99
10/01/00
$1,000,000
B
E & O (TEMP HELP)
6743439
10/01/99
10/01/00
OCC/AGG $2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Franchise Location Fort Collins CO / Type
Description misc clerical & water utility
Additional Insured as respects work done b¥
the Negligence and/or Willful Misconduct o
officers, and employees
of Company municipal gov / Job
orkers/Certificate Holder is
temporary associates except for
the City of Fort Collins, its
CERTIFICATE HOLDER
CANCELLATION
FTCOLL2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CITY OF FORT COLLINS
256 W MOUNTAIN AVE
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
FT COLLINS CO 80522-0580
ANY KIND WONT COMPANY, ITS AGENTS OR REPRESENTATIVES
22
AU ED R ESE V
ACORD 25S (1/95)
ACORD CORPORATION 1988
PERSONNEL SERVICES.
PAUL AND JEANNE FANGMAN
June 8, 1999
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
256 W Mountain Avenue
Fort Collins, CO 80522-0580
RE Contract with City of Fort Collins for Temporary Services
Dear Mr O'Neill
Enclosed you will find two copies of the signed contract for the above -
mentioned If you have any questions, you may contact either of us at 226-
4300
We look forward to continuing a long and mutually beneficial relationship
with the City of Fort Collins,
Sincerely,
i
Paul Fangman
Co -Owner
Eric
PTF/cJ
cc Joan Busch, Human Resources
✓ Jeanne Fangm�i
Co -Owner
"A Circle of Excellence Award Winning Office"
4631 S Mason Street, Suite 82, Fart Collins, CO 80525 9701226-4300 FAX 9701226-1260
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 two (2) 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
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 Se is Provider in a manner and at a time acceptable to City.
*See Addendum r
13 Defaulr—Eac" y t rfi and condition hereof shall be deemed to be a material
element of this Agreement In the event either parry 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 parry'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 *See Addendumg
(b) The Service Provider shall take all necessary precautions in �p aping the work hereunder
to prevent injury to persons and property *See Addendum'
(c) Without limiting any of the Service Provider's obligations eh rdtinder, 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 overage required from an insurance company acceptable
to the City *See Addendu
17. Entire Aareement, 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
THE CITY OF FORT COLLINS, COLORADO
By.u-
Ja s O'Neill if, CPPO
Directar of Purchasing and Risk Management
Date. `f 11 �j Cj
L&F, INC. dba
EXPRESS PERSONIJ ERVICES
<_
Title
CORPORATE PRESIDENT OR VICE PRESIDENT
Dates
ATTEST (Corporate Sea[)
C05PORATE SECRET RY
C7
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
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 protect manager will need
good communication skills and a focus on customer service
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,
The employee's name and social
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 protect 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) cons ractor 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 departmeni 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 / project 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 project 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 Nall 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 " *See Addendum`lay
ryy� 3 iv
In case of the breach of any provision of the Insurance Requirements, the City, at its option, 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 1 rice policies for any claims ansing out of
work performed under this Agreement *See Addendum
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 anse 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 covi /{9ed by the subcontractor's insurance.
*See Addendum
2't
EXHIBIT "C"
MIMID kv�•
We have provided several fixed hourly pay and bill rate examples below.
Explanations for skill levels and duties for these categories are listed in the
following pages.
$7.00
$9.84
$7.50
$10.54
$8.00
$11.24
$9.00
$12.65
For positions that are non -clerical, we will use a similar formula with the
exception that the appropriate workers' compensation rate would be used.
Following are examples of areas that we have furnished temporary workers for
the City of Fort Collins in the past:
$7.00 $9.95
$7.50 $10.66
All clerical and administrative support positions will be boiled at a fixed markup
percentage using the formula of the pay rate plus forty point five seven percent
(40.57%) of the pay rate. Non -clerical will be billed at a fixed markup
percentage using the formula of the pay rate plus forty-two point one four"
percent (42.14%) of the pay rate.