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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 SA 10/01 1 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. SA 10/01 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 SA 10/01 2 "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 SA 10/01 3 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. SA 10/01 4 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. SA 10/01 5 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.