HomeMy WebLinkAboutEXPRESS PERSONNEL - CONTRACT - RFP - P843 TEMPORARY PERSONNEL SERVICESSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year setforth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and EXPRESS PERSONNEL SERVICES, 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:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of three (3) 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 to be
received from the requisitioning department.
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. In addition, at the option
of the City, 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
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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:
"Should any 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 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 the negligent performance of work under this Agreement, except for the negligence and/or willful
misconduct of the City, its officers, agents and employees.
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:
1. Workers' 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 $100,000 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 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.
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.
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EXHIBIT "C"
PRICING
All clerical and administrative support positions will be billed at a fixed markup
percentage using the formula of the pay rate plus forty-three percent (43%) of the
pay rate.
Examples:
Job Title
Pay Rate
Bill Rate
Clerical 1
$7.50
$10.73
Clerical II
$8.00
$11.44
Secretary
$8.50
$12.16
Non -clerical will be billed at a fixed markup percentage using the formula of the
pay rate plus forty-four and sixty-seven hundredths (44.67%) of the pay rate.
Examples:
Job Title Pay Rate Bill Rate
General Laborer $8.00 $11.58
Water Utilities Worker $8.50 $12.30
Markup percentages are to remain fixed for the life of the contract. Pay rate
increases may not exceed the Denver -Boulder CPI-U as published by the
Colorado State Planning and Budget Office; they will be renewed and
negotiated annually upon notice of intent to renew the contract.
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 80522
Copy To:
Ed Bonnette, C.P.M.
Purchasing Dept.
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Service Provider:
Paul Fangman
Jeanne Fangman
Express Personnel Services
4631 S. Mason, Suite B2
Fort Collins, CO 80525
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
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"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. Warran .
(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
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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
workmanship/workwomanship 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 non conform ances, 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.
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 parry
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.
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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. The City acknowledges 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, P. O. Box 580 Fort Collins,
Colorado 80522 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.
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ATST:
ORPORATE SEcREerARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:ZL
James B. 'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
1' Date: �� M Z
EXPRESS PERSONNEL SERVICES
Vrs ' C-
ry
PRINT NO1b
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: C� — a6 - 0 '
(Corporate Seal)
SA 10/01
EXHIBIT "A"
GENERAL SCOPE OF SERVICES; GENERAL SERVICES CATEGORY
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 in the General Services
category. 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 Service
Provider 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 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 Service
Provider from each individual department or agency. The Service Provider will
then work directly with the department to meet the need. The Service
Provider's project manager will need good communication skills and a focus
on customer service.
2. Pursuant to the Request for Proposal, the highest -ranked Service Provider
(Express Personnel Services) will serve as the Primary Contractor for
General Services and the second -highest ranked Service Provider (Volt
Services Group) will serve as the Secondary (backup) Contractor for
General Services. 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 the 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 Service Provider 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 Service Provider 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 Service Provider 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 provided 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 Service Provider 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 the
Purchase Order.
6. The Service Provider will provide an employee evaluation form to the City
department project manager for each assignment. Completed evaluation
forms shall be maintained by the Service Provider and copies shall be
provided to the Human Resources Department on request. In addition, the
Service Provider will also provide a company evaluation form (for evaluation
of the Service Provider's performance) to the City department project
manager for each assignment. Completed evaluation forms shall also be
maintained by the Service Provider, and copies shall be provided to the
Human Resources Department on request.
7. The Service Provider will provide orientation pamphlets to the temporary
employee, upon their assignment to the City, outlining to the employee the
general expectations the City has regarding their appearance and conduct
while on assignment to the City. The Service Provider will also provide
orientation pamphlets to the Project Managers in the user departments;
instructing them on how to best utilize the Service Provider's services and
communicate their job specifications; to assure assignment of personnel with
the knowledge, skills, and abilities necessary to successfully complete their
assignment. The Service Provider will work with the Human Resources '
Representative from the City, to develop pamphlets that will accomplish these
goals.
8. As requested by the City department prior to assignment or acceptance of
any temporary employee, the Service Provider will provide copies of resumes,
employment applications, test results, and any other relevant information to
the department. To the extent permissible by law, the Service Provider will
perform appropriate background checks on their contract employees. The
Service Provider will not assign to the City any person for whom they have
background or other information which, in the Service Provider's opinion,
would lead a reasonable person to question the suitability of that person for
assignment to the City.
9. If any person provided by the Service Provider fails to work for at least the
first four hours of the assignment, the Service Provider will not charge the City
for any hours. Should the City feel that the temporary employee is not suitable
for the assignment, the City will notify the Service Provider, who will in turn be
responsible for removing the employee from the City assignment.
10.A City department may on occasion request the assistance of the Service
Provider in administering skills tests to individuals being considered for City
positions. The Service Provider will work with the City department and the
Human Resources Representative to determine the appropriate tests to be
administered; and the appropriate fees, if any, to be associated with the
testing.