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HomeMy WebLinkAbout1997-12-01 City Council (19)City of Palo Alto City Manager’s Report 1 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:HUMAN RESOURCES AGENDA DATE: DECEMBER 1, 1997 CMR:476:97 SUBJECT:TEMPORARY STAFFING SERVICES CONTRACTS RECOMMENDATION Staffrecommends that Council approve new contracts for temporary employment services with Interim Personnel Services, Inc. and Wollborg-Michelson Personnel Services, Inc. covering a three-year period beginning December 1997. BACKGROUND In fiscal, year 1996-97, the City spent approximately $500,000 for temporary employment services. The City uses temporary employment services where agency employment is more cost effective and efficient than hiring temporary employees directly onto the City payroll. For the past four years, the City has had three agencies under contract to provide temporary employees to City departments on an as-needed basis: Kelly Temporary Services, Inc., Roberta Enterprises/COREstaff, Inc., and Wollborg-Michelson Personnel Services, Inc. DISCUSSION Twelve employment agencies submitted proposals in response to the City’s Request for Proposal (RFP), which was sent out to 15 local temporary employment services agencies. The twelve proposals were reviewed by a committee consisting of City staff from the Utilities, Public Works, Corrmiunity Services and Human Resources Departments. Three of these agencies were invited to make presentations and be interviewed by the selection committee. The selection was based on the committees’ assessment of the bids along the following criteria: Ability to provide requested services at reasonable and competit.ive rates. This included: 1) temporary staffing for Information Technology, finance/accounting, technical (i.e., engineering) and general laborer positions; and 2)establishing a pool of temporary clerical/administrative staff who have a familiarity with City departments and their programs, policies and systems. CMR:476:97 Page 1 of 3 A fully staffed local office. 3. Available pool of qualified applicants 4. Excellent references from major corporate or public agency users in the area. The key cost factors in evaluating the proposals are the mark-up rates for regular, short-term temporary employees and for long-term temporary employees who are payroll serviced by the temporary agency. The markup percentage quotes varied according to the type of position being requested and the volume of requests. Agencies responding to the RFP had markup percentages that ranged between 28% to 70% for temporary service and 22% to 32% for payroll service employees. . Interim Personnel and Wollborg-Michelson were selected to be recommended as providers of temporary services for the City. Negotiations are ongoing to identify a third agency which specializes in providing temporary employees in the information technology area. Markup percentages for the selected agencies are as follows: Temporary. Service Payroll Service Interim Personnel Wollborg-Michelson 30%23% 28%23% RESOURCE IMPACT No additional funding is required for these contracts as temporary employment services are budgeted in departmental budgets each year. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Contract with InterimPersonnel Services, Inc. Contract with Wollborg-Michelson Personnel Services, Inc. CMR:476:97 Page 2 of 3 PREPARED BY: Gary R. King, Employment Manager , DEPARTMENT HEAD REVIEW: ;]/t~/ JA~,~C. ROUNDS Direct’or of Human Resources CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:476:97 Page 3 of 3 AGREEMENT BY AND BETWEEN THE CITY OF PALO ALTOAND WOLLBORG/MICHELSON FOR TEMPORARY EMPLOYMENT SERVICES THIS AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and WOLLBORG/MICHELSON (Taxpayer Identification Number 94- 2251654), a California corporation, with offices at 400 South E1 Camino Real, Suite 120., San Mateo, California 94402, hereinafter referred to as "CONTRACTOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain services to provide temporary employment services for CITY; and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration covenants, the parties hereto agree as follows: SECTION i PROJECT COORDINATION of their mutual 1.1 ~ The City Manager shall be representative of CITY for all purposes under this Agreement. JAY ROUNDS is designated as the PROJECT MANAGER for the City Manager, and he shall supervise the progress and execution of this Agreement. 1.2 Contractor CONTRACTO~ shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. LAUREN STEEL hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent.to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. 971119 la¢ 0031881 SECTION 2 -DUTIES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall provide temporary employment services as described in the excerpt of CITY’S Request for Proposals, labeled Exhibit "A" and as further described in CONTRACTOR’s proposal, labeled Exhibit "B," both of which are attached hereto and incorporated herein by reference. CONTRACTOR agrees that any and all temporary employees provided to CITY by CONTRACTOR under this Agreement, including but not limited to those provided under payroll servicing, shall be the employees of CONTRACTOR and not the employees of the City of Palo Alto. 2.2 Laws to be Observed CONTRACTOR shall: 2.2.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this Agreement. 2.2.2~ Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR’s performance under this Agreement, or the conduct of the services under this Agreement. 2.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this Agreement. 2.3 Qualifications of Contractor CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. As evidence thereof, CONTRACTOR warrants that one or more members of employees of the firm are licensed by the State of California and that the services to be provided under this Agreement .will be performed by them or under their supervision. 2 971119 lac 0031881 SECTION 3 COMPENSATION For the full performance of the services d~scrib~d herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 3.1 For furnishing temporary employees in office support positions, CITY shall pay CONTRACTOR a 28 percent markup above pay rate. 3.2 For positions other than office sdpport, the applicable rates shall be as mutually agreed by CONTRACTOR and PROJECT MANAGER or his designee. 3.3 For payroll servicing, CONTRACTOR shall be paid 23 percent in excess of the hourly rate established by PROJECT MANAGER or his designee. 3.4 Notwithstanding the foregoing, CITY shall not be charged for the services of any temporary employee, when in the opinion of the PROJECT MANAGER or his designee the services of a temporary employee have not been satisfactory, provided that the CITY notifies CONTRACTOR that said services were unsatisfactory within the first eight (8) hours of the assignment. 3.5 Weekly itemized invoices for said services shall be provided to CITY. These invoices shall have information deemed sufficient by the PROJECT MANAGER or his designee and shall be paid within thirty (30) days of their receipt by CITY. 3.6 All compensation payable hereunder shall be subject to the appropriation of funds by CITY’s Council for the applicable fiscal year during which such temporary employment services are to be or are rendered. In the event funds are not appropriated for services to be rendered in any fiscal year during the term of this Agreement, this Agreement shall be deemed terminated at the end of the fiscal year for which funds are appropriated. No penalty shall accrue to CITY in the event this Agreement is terminated pursuant to the provisions of this Section 4.6, and CITY shall not be liable for any future payments due or for any damages as a result of the termination of this Agreement pursuant hereto. SECTION 4 - TERM This Agreement shall commence on the date executed by CITY and shall continue in full force and effect for three years thereafter. SECTION 5 -TEMPORARY SUSPENSION The City Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or due to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. 971119 lac 0031881 3 SECTION 6 -SUSPENSION; TERMINATION 6.1 RiqhZ to Suspend or Terminate The City Manager may suspend or terminate this Agreement for any reason by giving ten (I0) days’ written notice to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this Agreement. 6.2 .payment Upon Such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR’s services which are of benefit to CITY. SECTION 7 -INDEPENDENT JUDGMENT Failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called .for under this Agreement, on the basis of differences in matters of judgment shall not be construed as failure on the part of CONTRACTOR to meet the requirements of this Agreement. SECTION 8 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. 8.1 Assiqnment Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 8.2 Subcontractors; Employees .CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails 4 971119 la¢ 0031881 or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of the PROJECT MANAGER. SECTION 9 -NOTICES All notices hereunder shall be given in writing and ~mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City ’Clerk P.O. Box 10250 Palo Alto, CA 94303 To CONTRACTOR: Attention’of the PROJECT DIRECTOR at the address of CONTRACTOR recited above SECTION 10 -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the performance of the professional services required under this Agreement CONTRACTOR, and any of its subconsultants or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION Ii AUDITS CONTRACTOR agrees to permit CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION 12 INDEMNITY CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all demands, claims, or liability of any nature, caused by or arising out of CONTRACTOR’s, its. officers’, agents’, SUBCONTRACTORS’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict, liability on CONTRACTOR in the performance or failure to perform this Agreement. SECTION 13 WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 5 971119 la~ 0031881 in accordance with the provisions of that Code, and certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. SECTION 14 -INSURANCE CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Agreement the insurance coverage described in Exhibit "C", insuring not only CONTRACTOR, but also (with the exception of workers’ compensation and employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this Agreement. Certificates of such insurance, preferably on the forms~ provided by CITY, shall be filed with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (i0) working days thereafter. Said certificates shall be subject to the approval of the .City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates of such insurance shall be kept on file at all times during the term of this Agreement with the City Clerk. SECTION 15 AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. SECTION 16 WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 17 -COSTS AND ATTORNEYS’ FEE~ The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other party. 6 971119 la~ 0031881 SECTION 18 -NO IMPLIED WAIVER No payment, partial p..~ent, acceptance, or partial acceptanc~ by CITY shall operate as a waiver on the part of CITY of any of it~ rights under this Agreement. SECTION 19 - NONDISCRIMINATION; PENALTY 19.1 DUTY OF CONTRACTOR No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to met all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Certification of Non Discrimination" on the form furnished by CITY as Exhibit "D" attached hereto and incorporated herein by reference. 19.2 PENALTY FOR DISCRIMINATION If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract~under this section. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. SECTION 20 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this Agreement are expressly made conditions. 7 971119 lac 0031881 SECTION 21 - GOVERNING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: Assistant City Manager Acting Director,Administrative Services WOLLBORG~ICHELSON Its:\~ Taxpayer Identification No. 94-2251654 Director of Human Resources Risk Manager Attachments: EXHIBIT "A": Excerpt from RFP EXHIBIT "B": Proposal, dated January 27, 1997 EXHIBIT "C": Certificate of Insurance EXHIBIT "D": Certificate of Non Discrimination 8 971119 la~ 0031881 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code S 1189) ~/~<~ On ~0 ~_~_/ ,. 1997, before me, ’ ~ ~od~,~, a Notarf’-P~%~c in and for said County and State, personally appeared .I~.~[~ 5/~i/ ~V , personally known to me or~oved ~0 me on the basis of ~ evidence to be the person(~-~ose name(~--~Ta~.~~cribed to the gl-thin instrument and acknowledged to me that he/she/they executed the same in his/he_~r/their authorized capacity(~, and that by his/he~their signature(~) on the instrument the person~), or the entity upon behalf of which the person(~ acted, exebuted the instrument. WITNESS my hand and official seal. Si=~ture of Notary Comm. # 1117017 NOTARY PUBUC ¯ CAtlFORNIA Contrs Costs County My Comm. Expires Nov, 18, 2000 ,lic 9 971119 lac 0031381 EXHIBIT "A" TEMPORARY STAFFING SERVICES Introduction The City of Palo Alto has a ~vorkforce of approximately 1,500 regular and temporary employees distributed across 12 operating departments. These departments are Administrative Services, City Attorney, City Auditor, City Clerk, City Manager, Community Services, Fire, Human Resources, Planning, Police, Public Works and Utilities. The City owns and operates electric, gas, water, wastewater and storm drain utilities. The City also maintains over 28 parks, a municipal golf course, airport and supports seven Fire stations, a Community Theater, Children’s Theater, Cultural Center, Junior Museum and Zoo, and a library system. The City spent approximately $517,000 for temporary staffing services in fiscal year 1995-96 that primarily involved administrative support services. The City is now looking to expand the type and scope of expertise, skills and services that are available through the temporary staffing agencies under contract. It is the City’s intention to establish contracts with qualified and competent agencies as the primary suppliers of temporary staff services for a three year period of time beginning March 1, 1997. Scope of this Request for Proposal (RFP) The City is seeking temporary staffing support in the areas of Information Technology (IT), Finance/Accounting, Electrical/Mechanical/Civil or Laboratory Technicians and General Laborer positions. In addition, we are soliciting proposals for establishing a pool of clerical/administrative staff who have familiarity with City departments and their programs, policies and information system software applications. Temporary Staffing The City employs temporary staff at all levels and projects an emphasis of need for Administrative/Clerical, Information Technology, Finance/Accounting, Electrical/Mechanical/Civil Engineering, Laboratory Technicians and General Laborer positions. The minimum terms required for a temporary staffing service contract are: A competitive mark-up rate (our current rates are less than 30%) A payroll conversion option of not more than 30 working days or six weeks (except for technical personnel) A minimum 8-hour guarantee A ½-hour response time An ability to interview for specialized assignments Invoices to be a minimum of net 30 days A payroll service markup not to exceed 23% A monthly usage report with breakdown by department. Administrative/Clerical Pool The administrative/clerical positions in the City have historically required the greatest proportion of temporary staffing placements. Many of these positions involve contact with and service to members of the public and/or interaction with one of the City’s major information system applications. One of the major concerns in this area is the orientation and startup time that is required of individuals placed in these positions on a temporary basis. In an effort to address this concern, the City is requesting proposals for recruiting, selecting, training and maintaining a group of administrative/clerical staff who have a familiarity with the City’s organizational structure, functions, services, programs, and major information systems. Members of this group would be available for placement as temporary staff and have sufficient "knowledge to function with minimal startup/oiientation time requirements. Proposal Format Considerations If capable of meeting or exceeding the City’s minimum requirements, please forward your proposal no later than Tuesday, January 7, 1997 in accordance with the RFP ’Instructions’. The proposal should contain the following elements: ¯Billing rate ranges by job classification ¯Mark-up percentages for regular and payroll service hires ¯Guarantee policy ¯Recruiting procedures ¯Training, testing, screening and quality control procedures ¯Billing procedures ¯A Certificate of Insurance per the attached City requirements ¯A brief informational outline of your company, plus local references ¯A statement of non-discrimination (see the RFP Requirements Documents) ¯Office locations All of the proposals submitted will be reviewed. Those companies providing the most desirable services, terms, qualifications and references will be invited to provide a personal presentation the week of January 20, 1997. Questions regarding the scope of this Request for Proposal should be directed to Gary King, Employment Manager at (415) 329-2376. H.\GARYDOCS\GENERAL\TEMPRFP.WPD - November 27, 1996 EXHIBIT "B" THE PROPOSAL IN ITS ENTIRET) IS AVAILABLE FOR REVIEW IN THE HUMAN RESOURCES DEPARTME Proposal For Staffing Services (Contract Administration No. 93520) C y of Palo Alto 250 Hamilton Avenue 1st Floor, Civic Center Palo Alto, CA 94301 Mr. Gary King Employment [~htnager Mr. Ken Haskins Ct~;Itrtlct Admini.~tration Presented By Mary Brasfield Branch Manager Lauren Steel Vice President Jan.aO’ 27, 1997 Wol!borg/MicheIson PERSONNEL SERVICES, INC. 120 Motttgomery Street, Suite 2460, San Francisco, CA 94104 Phone(415) 391-7600 Fax (415) 986-5074 w~ola to Certify thatLLBORG MICHSLSON PERSONNEL SF..RV]¢ES INC. 120 MONTGOMERY ST. STE 2460 SAN FRANCISCO, CA 94104 Name and address of Insured. LIBER3Y ~, ~ t/~e Is~ue d=le ~ this p~t~¢ate,..lnsuF~ ~ bylh9 Company und~ the p~licy0es).l!s~ed.below, Tl~e h’mu~nce.al/orded bythe listed po~icy(l~} 1~ ~ubiact m e!! lhe~rarms, e~u~us~ons ana cond~uons an~ m 0~ a~e~d W any requlmment, lerm ot conoluon o! any co~lmct or Diner oocume~ w~h re=peer IO whl~ ~s ce~flcate may be TYPE OF POLICY EXP, DATE ~ EXTENDED WORKERS COMPENSATION POLICY NUMBER LIMIT OF LIABILITY GENERAL LIABILITY R~ OCCURRENCE CLAIMS MADE AUTOMi3’BILE LIABILITY OWNED NON-OWNED HIRED 12/31197 RETRO DATE 12/31/97 COMMENTS WC2-161-(138080-0~6 YY1-161-036080-016 AS1-161-036080-026 LAW OFTHE FOI..I.OW~NQ CA BodTlv In)uP,, BV $1,000,000 Eli~h $1,000,000 I~°IIcY Bodly InJu~ G~’~tal Aggte~le - Ot~r I~’1 Prod~’fJ~Q’nplet~ Opera~of~ $2,000,000 $1,000,000 BoOty In]uN and’Property Darna~ Liabllit~ ’.Per$1,000,000 Penm,"~ and Adve~Ing Injury Psi’ P~’son/$1,000,000 S..l. and P.O. Combined ...... Each Pem,~n F_~ AccOUnt or CX:cu~nce Each A~uidem ~r O¢=urmnc~ ~ NO~CE~H~: A~ P~SON WHO ~ I~TO D~R~D OR ~O~NG "~ oF ~N¢~ {NOT A~ UN~SS A NU~ ~ DAYS IS STAT~ ~PI~ON ~ ~E ~MPA~ ~ NOT ~EL OR R~E~E INSUR~E THE A~OV~ pOLIO~ ~FI’IL ~T ~.~I" 3{) OAYS ~------>~lf~ FENL~ns, U~ #0B0167B A~ORI~D REPBE$~A~VE P~S~ON (510) 7~-92~I/2~97 OFRCE PHONE NUMBER DATE ISSUED .CERTIFICATION of NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment witiq regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees spe’cifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concemed, including all employees, outside recruiting services, espedally those serving minority communities, and to the minodty communities at large. 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Firm: Wollborg/Michelson Personnel Service DATE: 1/27/97 Signature John Lamont Pulsipher, President Please include any additional information available regarding equal opportunity employment programs now in effect within your company. (Please attach additional pages if necessary) CITY of PALO ALTO: Non-discrimination (6/94) END OF SECTION SECTION 410-1 AGREEMENT BY AND BETWE~ THE CITY OF PALO ~o~TO AND II/TERIM PERSONNEL FOR TEMPORARY EMPLOYMENT SERVICES THIS AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and INTERIM PERSONNEL (Taxpayer Identification Number 59- 1698006), a California corporation, with offices at 3000 E1 Camino Real, Suite 120, Palo Alto, California 94306, hereinafter referred to as "CONTRACTOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain services to provide temporary employment services for CITY; and WHEREAS, CITY desires to engage CONTRACTOR to.provide these services.by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the~ required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of covenants, the parties hereto agree as follows:~their mutual SECTION 1 - PROJECT COORDINATION The City Manager shall be representative of CITY for all purposes under this Agreement. JAY ROUNDS is designated as the PROJECT MANAGER for the City Manager, and he shall supervise the progress and execution of this Agreement. 1.2 .Contractor CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. CARYL KEROLLIS hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent .to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. 971119 ia¢ 0031882 1 SECTION 2 - DUTI~ES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall provide temporary employment services as described in the excerpt of CITY’s Request for Proposals, labeled Exhibit "A" and as further described in CONTRACTOR’s proposal, labeled Exhibit "B," both of which are attached hereto and incorporated herein by reference. CONTRACTOR agrees that any and all temporary employees provided to CITY by CONTRACTOR under this Agreement, including but not limited to those provided under payroll servicing, shall be the employees of CONTRACTOR and not the employees of the City of Palo Alto. 2.2 Laws to be Observed CONTRACTOR shall: 2.2.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this Agreement. 2.2.2 Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR’s performance under this Agreement, or the conduct of the services under this Agreement. 2.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy ~or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this Agreement. 2.3 Qualifications...of Contractor CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. As evidence thereof, CONTRACTOR warrants that-one or more members of employees of the firm are licensed by the State of California and that the services to be provided under this Agreement will be performed by them or under their supervision. 2 971119 lae 0031882 SECTION 3 -COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 3.1 For temporary staffing, CITY shall pay CONTRACTOR at the mark up rates above pay rate as set forth in Part ~II, page 6, of Exhibit "B." 3.2 For payroll servicing, CITY shall pay CONTRACTOR at the mark up rates above pay rate also as set forth in Part II, page 6, of Exhibit "B." 3.3 Notwithstanding the foregoing, CITY shall not be charged for the services of any temporary employee, when in the opinion of the PROJECT MANAGER or his designee the services of a temporary employee have not been satisfactory, provided that the CITY notifies CONTRACTOR that said services were unsatisfactory within the first eight (8) hours of the assignment. 3.4 Weekly itemized invoices for said services shall be provided to CITY. These invoices shall have information deemed sufficient by the PROJECT MANAGER or his designee and shall be paid within thirty (30) days of their receipt by CITY. 3.5 All compensation payable hereunder shall be subject to the appropriation of funds by CITY’s Council for the applicable fiscal year during which such temporary employment services are to be or are rendered. In the event funds are not appropriated for services to be rendered in any fiscal year during the term of this Agreement, this Agreement shall be deemed terminated at the end of the fiscal year for which funds are appropriated. No penalty shall accrue to CITY in the event this Agreement is terminated pursuant to the provisions of this Section 4.6, and CITY shall not be liable for any future payments due or for any damages as a result of the termination of this Agreement pursuant hereto. SECTION 4 TERM This Agreement shall commence on the date executed by CITY and shall continue in full force and effect.for three years thereafter. SECTION 5 - TEMPORARY SUSPENSION The City Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or due to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. 3 971119 la¢ 0031882 SECTION 6 -SUSPENSION; TERMINATION 6.1 Riqht to Suspend or Terminate The City Manager may suspend or terminate this Agreement for any reason by giving ten (i0) days’ written notice to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this Agreement. 6.2 Payment Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR’s services which are of benefit to CITY. SECTION 7 - INDEPENDENT JUDGMENT Failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Agreement, on the basis of differences in matters of judgment shall not be construed as failure on the part of CONTRACTOR to meet the requirements of this Agreement. SECTION 8 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. 8.1 Assiqnment Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein.. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 8.2 Subcontractors; Employees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails 4 971119 la~ 0031882 or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately ~from the work under this Agreement on demand of the PROJECT MANAGER. SECTION 9 -NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk P.O. Box 10250 Palo Alto, CA 94303 To CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above SECTION I0 INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the performance of the professional .services required under this Agreement CONTRACTOR, and any of its subconsultants or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION Ii ~UDITS CONTRACTOR agrees to permit ~CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION 12 INDEMNITY CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all demands, claims, or liability of any nature, caused by or arising out of CONTRACTOR’s, its officers’, agents’, SUBCOA~FRACTORS’ or employees’ ’negligent acts,, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. SECTION 13 ~ WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 5 971119 lae ~331882 in accordance with the provisions of that Code, and certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. SECTION 14 -INSURANCE CONTRACTOR, at its sole cost and expense, shall obtain and maintaln in full force and effect throughout the entire term of this Agreement the insurance coverage described in Exhibit "C", insuring not only CONTRACTOR, but also (with the exception of workers’ compensation and employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOK for or on behalf of CITY under the provisions of this Agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (I0) working days thereafter. Said certificates shall be subject to the approval of the City Attorney and. shall contain an endorsement stating that said insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates of such insurance shall be kept on file at all times during the term of this Agreement with the City Clerk. SECTION 15 - AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. SECTION ~6 -WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of .this Agreement or of any provision, ordinance, or law shal! not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 17 .- COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorney fees expended in <connection with such an action from the other party. 6 971119 lae 0031882 SECTION 18 -NO IMPLIED WAIVER No payment, partial payment, ~cceptance, or partial acceptance by CITY shall operate as a waiw£r on the part of CITY of any of its rights under this Agreement. SECTION 19 -NONDISCRIMINATION; PENALTY 19.1 DUTY OF CONTP~ACTOR No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to met all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Certification of Non Discrimination" on the form furnished by CITY as Exhibit "D" attached hereto and incorporated herein by reference. 19.2 PENALTY FOR DISCRIMINATION If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against/ as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of hontract, or both. -~ SECTION 20 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this Agreement are expressly made conditions. 7 971119 lac~ 0031882 SECTI0~,21 - G0V~NING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESSWHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor S~nior"Asst. City Attorney APPROVED~ Assistant City Manager Acting Director, Administrative Services ..... 59- 1698006 birector 0f Human Resources Risk Manager Attachments: EXHIBIT ,A": Excerpt from RFP EXHIBIT "B": Proposal, dated January ’7, 1997 EXHIBIT "C": Certificate of Insurance EXHIBIT "D": Certificate of Non Discrimination ~1119 i~c 00315~2 8 , a Notary Publi~ in and for sa~d County and State, personally appeared ~,~ ~/.~ , kF/ou ;~/.~2 J , personally k~own to me or proved to me on the basis of satisfactory e,vldence to be the person(s) whose name(s) ~areAm~b@cribed to the wzthin instrument/~n~acknowledged to me that he,~. they executed t,he~s~ in his/~E~heir authorized capacity(zes), and that by hls~ e~heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumen~. WITNESS my hand and off’icial seal. ~i~natufe of Notary Public 9 TEMPORARY STAFFING SERVICES Introduction The City of Palo Alto has a workforce of approximately 1,500 regular and temporary employees distributed across 12 operating departments. These departments are Administrative Services, City Attorney, City Auditor, City Clerk, City Manager, Community Services, Fire, Human Resources, Planning, Police, Public Works and Utilities. The City owns and operates electric, gas, water, wastewater and storm drain utilities. The City also maintains over 28 parks, a municipal golf course, airport and supports seven Fire stations, a Community Theater, Children’s Theater, Cultural Center, Junior Museum and Zoo, and a library system. The City spent approximately $517,000 for temporary staffing services in fiscal year 1995-96 that primarily involved administrative support services. The City is now looking to expand the type and scope of expertise, skills and services that are a~’ailable through the temporary staffing agencies under contract. It is the City’s intention to establish contracts with qualified and competent agencies as the primary suppliers of temporary staff services for a three year period of time beginning March 1, 1997. Scope of this Request for Proposal (RFP) The City is seeking temporary staffing support in the areas of Information Technology (IT), Finance/Accounting, Electrical/Mechanical/Civil or Laboratory Technicians and General Laborer positions. In addition, we are soliciting proposals for establishing a pool of clerical/administrative staff who have familiarity with City departments and their programs, policies and information system software applications. Temporary Staffing The City employs temporary staffat all levels and projects an emphasis of need for Administrative/Clerical, Information Technology, Finance/Accounting, Electrical/Mechanical/Civil Engineering, Laboratory Technicians and General Laborer positions. The minimum terms required for a temporary staffing service contract are,: ~ A compe~titive mark-up rate (our current rates are less than 30%) A payroll conversion option of not more than 30 working days or six weeks (except for technical personnel) A minimum 8-hour guarantee A ½-hour response time An ability to interview for specialized assignments Invoices to be a minimum of net 30 days ~- - A payroll service markup n6t to exceed 23% A monthly usage report with breakdown by department. Administrative/Clerical Pool The administrative/clerical positions in the City have historically required the greatest proportion ¯ of temporary staffing placements. Many of these positions involve contact with and service to members of the public and!or interaction with one of the City’s major information system applications. One of the major concerns in this area is the orientation and startup time that is required of individuals placed in these positions on a temporary basis. In an effort to address this concern, the City is requesting proposals for recruiting, selecting, training and maintaining a group of administrative/clerical staff who have a familiarity with the City’s organizational structure, functions, services, programs, and major information systems. Members of this group xvould be available for placement as temporary staff and have sufficient "knowledge to function with minimal startup/orientation time requirements. Proposal Format Considerations If capable of meeting or exceeding the City’s minimum requirements, please for, yard your proposal no later than Tuesday, January 7, 1997 in accordance with the RFP ’Instructions’. The proposal should contain the following elements: ¯ Billing rate ranges by job classification o. Mark-up percentages for regular and payroll service hires ¯ Guarantee policy ¯ Recruiting procedures ¯ Training, testing, screening and quality control procedures ° Billing procedures ¯ A .Certificate of Insurance per the attached City requirements ¯ A brief informational outline of your company, plus local references ¯ A statement of non-discrimination (see the RFP Requirements Documents) ¯ Office locations All of the proposals submitted will be reviewed. Those companies.providing the most desirable services, terms; qualifications and references will be invited to provide a personal presentation the week of January 20, 1997. ,, Questions regarding the scope of this Request for Pi’oposal should be directed to Gary King, Employment Manager at (415) 329-2376. H:\GARYDOCS’,GENERAL\TEMPRFP.WPD - November 27, 1996 EXHIBIT "B" THE PROPOSAL IN ITS ENTIRET~ IS AVAILABLE FOR REVIEW IN THE HUMAN RESOURCES DEPARTME Request For Proposal Prepared Exclusively For -CITY of PALO ALTO- Temporary Agency Services RFP # 93520 PERSONN EL January 7, 1997 ZNTEEZM ~ERSODTREL, ZNC.3000 EL CAPgINO EFJtL, 5-225 LOC. # IS136 BRPALO ALTO, CA 94306. INS. CO. OF TEE STATE OF PA ~43888~ ~/oRMAL 1439558 TX TRLII35054:L~TY S/~Z/S8 ¯ 5/31/88, 5/3~/se $5M OCC/~IOM AGG REVERSE AND/OP. ATTAC][ED) Pi~.o P, LTO~ C~l, DESCRIPTION OF 0PERATTONS/LOCATIONS/VEHIC~ES/SPECIAL ITEMS CERTIFZCAT~ #29354 INSURED : ~NTE~I~M PERSONNEL, INC.’ HOLDER : CITY OP PALO ALTO PURCHASING & CONTRACT ADM~N. 250 HAMILTON" AVENUEPALO ALTO, CA 94301 H. 3/3 (CONTINUED) ’ ADW INSURER WORKERS COMPENSATION POLZC~ NO.5IM~TS~(A)RMWC 116 2722 ID, OR STATUTORY (A)RMWC 116 2715 CA STATUTORY (B)RMWC 116 2713 PA STATUTORY (A)RMWC 116 271~ MT, OK, UT, WI STATUTOKY (B)RMWC 116 2712 AZ, MD, VA STATUTORY. (B)RMWC 116 27U5 *STATUTORY EP¥. - EXP. S~31/97-5/31/98 5/51/97-5/51/98 *AL, AK, AR, CO, CT, DE, DC, GA, HI, IA, IL, IN, KS, k’Y, LA, MA, MI,~MN, MS, M0, NC, ~rE, NH, NJ, NM, NY, PA, RI, SC, SD, TN, TX, VT (A} R~C ~16 2723 OH XS 500,000 S~R STAT~RY 5/31/97-5/31/98*** STOP GA~ EMPLOI’ER LIABILITY IS PROVIDED FOR MONOPOLISTIC STATES *** NV, ND, OH, WA, WV, WY IT IS HEREBM~NDERSTOODANDAD~ED THAT CITY OF PALOALTO IS ADDED AS ADDITIONAL XNSUR~ IN CONNECTION WITH THE FURNISHING OF TEMPORARY SERVICESTO CERTIFICAT~ HOLDER FOR CLklMS ARISING OUT OF TH~ SOLE NEGLIGENCE OF THE INSURED AND ~TS~EMI~LOYEES~ PAGE : 2 OF 2 EXHIBIT "D" ’! CERTIFICATION of NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination; As suppliers of goods or services to the C!ty of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies opportunities for minority persons at all job levels. which affirmatively promote 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 Signature~ ~ To be knowledgeable of the local, state, and fe’deral laws and regulations concerning affirmative action policies and pro.vide opportunities for employees. DATE: Please include any additional information available regarding equal opportunity employment programs now in effect within your company. (Please attach additional pages if necessa[y) END OF SECTION CI’P¢ ol PALO ALTO: Non-dis~riminat.ion (6/94)SECTION 410-1