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2000 - MuniTemps - Municipal Staffing Agreement emps§ Municipal Staffing Solutions Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES, INC., dba MuniTemps, with its Corporate Mailing Address at MuniTemps Corporate Lockbox, PO Box 718, Imperial Beach, CA 91933 ("STAFFING FIRM"), and the CITY OF ROSEMEAD, with its principal municipal office located at 8838 EAST VALLEY BOULEVARD, ROSEMEAD, CA 91770 ("CITY") agree to the terms and conditions set forth in this Municipal Staffing Agreement (the "Agreement"). STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will: a. Recruit, screen, interview, and assign its employees ("Assigned Employees")to perform the type of work described on Exhibit A under CITY's supervision at the locations specified on Exhibit A; b. Pay Assigned Employees'wages and provide them with the benefits that STAFFING FIRM offers to them; c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; CITY's Duties and Responsibilities 2. CITY will: a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services, and intellectual property; b. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit STAFFING FIRM employees to operate any vehicle or mobile equipment (unless authorized under section 2.f. below), or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM's express prior written approval or as strictly required by the job description provided to STAFFING FIRM; c. Provide Assigned Employees with a safe work site and provide appropriate safety information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site; d. Not change Assigned Employees'job duties without STAFFING FIRM's express prior written approval; and e. Exclude Assigned Employees from CITY's benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees' compensation or benefits. Rev. 5/13 Page 1 jyMI. iffire Ns• •'•va Mono bhu PO ban 713,W.p.a1Bu CA 9193] m Morn 1.I66.4O64864 • :u. 1 6.498.667B BBoSBIyd HoMlag Solutions web,,. vow nM•sn,o. f. CITY is authorized to direct STAFFING FIRM's employees to drive CITY vehicles and equipment if CITY assumes liability for STAFFING FIRM's employees under CITY'S auto insurance policy and names STAFFING FIRM as "additionally insured". Payment Terms, Bill Rates, and Fees 3. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A and will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM will invoice CITY for services provided under this Agreement on a Semi-Monthly basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CITY's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes STAFFING FIRM to bill CITY for those hours. If a portion of any invoice is disputed, CITY will pay the undisputed portion. 4. STAFFING FIRM shall email invoices and supporting timesheets directly to the CITY's Accounts Payable office with a copy sent to any designated Department of the CITY. 5. STAFFING FIRM may assign two classes of Employees at CITY: (1)"Executive" Employees are presumed to be exempt from laws requiring premium pay for overtime, holiday work, or weekend work. These Employees are assigned on a fixed monthly salary contract which will be paid and pro rated on a bi-weekly pay cycle. When assigned Employee completes project at CITY, CITY will be required to pay the pro rated amount of the monthly salary contract agreed to in Exhibit A as of the full week ending last day worked at the CITY. (2) "Non-Executive" Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. STAFFING FIRM will charge CITY special rates for premium work time only when an Assigned Employee's work on assignment to CITY, viewed by itself, would legally require premium pay and CITY has authorized, directed, or allowed the Assigned Employee to work such premium work time. CITY's special billing rate for premium hours will be the same multiple of the regular billing rate as STAFFING FIRM is required to apply to the Assigned Employee's regular pay rate. (For example, when federal law requires 150% of pay for work exceeding 40 hours in a week, CITY will be billed at 150% of the regular bill rate.) 6. STAFFING FIRM may also provide"direct hire" (executive search) services if requested by the CITY. The direct hire fee is$10,000 for positions with annual salary"less than" $100,000 and $15,000 for positions with annually salary"greater than" $100,000. A separate Exhibit"A"would be provided for any direct hire services requested by CITY. Confidential Information 7. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their CITYs. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CITY's confidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. Cooperation 8. The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Rev. 5/13 Page 2 �IM-ern rand..yatt-; IOW)71,ncin,alBaA,CA97911 Mare ,..eao-.roaae. . :a. I em4waw1 M Municipal Staff ig So .eon. ...reboot —nu,uru q as. Indemnification and Limitation of Liability 9. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CITY and its directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys'fees)to the extent caused by STAFFING FIRM's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of STAFFING FIRM or STAFFING FIRM's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 10. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFING FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees)to the extent caused by CITY's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or willful misconduct of CITY or CITY's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 11. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise)and regardless of how characterized, even if such party has been advised of the possibility of such damages. 12. As a condition precedent to indemnification, the party seeking indemnification will inform the other party within 15 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter. 13. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Miscellaneous 14. Notwithstanding any other provision of this Agreement to the contrary, the provisions of paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement. 15. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 16. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 17. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 18. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. Rev. 5/13 Page 3 MQIeiTemps' . �.■.q ;,- 406 04°o:�Po,d; 19. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 20. CITY will not transferor assign this Agreement without STAFFING FIRM's written consent. 21. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 22. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party. 23. The provisions of this agreement shall be entered into according to the laws of the State of California. Term of Agreement 24. This Agreement shall remain valid until terminated by either party upon 7 days written notice. The Exhibit"A" can be terminated upon 1 day written notice. Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. CITY OF ROSEMEAD GOVERNMENT STAFFING SERVICES, INC. . �sxR ma. Signature Signature ,Jo'hv. Herrevq, CPA Printed Name Printed Name ■ Title Title C. % ar , 1 to ,Fes Date Date Rev. 5/13 Page 4 GOVERNMENT STAFFING SERVICES,INC. EXHIBIT"A" of Municipal Staffing Agreement Corporate Moiling Address. PO Sox 718,Imperial Beach,CA 91933 amp s® Phone: 1-866-406-6864 • Fox: 1-866-498.6678 Municipal Staffing Solutions Websie:wvw.mumhmps.com Municipality: City of Rosemead Notes Client Contact: Kelley Kim Human Resource Specialist Interim Position: Admin Assistant(City Clerks Office) Claudia Lira Bill Rate per Hour: $49.60 Hours per Week: j 24-4O+ Schedule 4/10 Start Date: 92312016 Expected Duration: I 2+Months Depending on Needs of City. CITY empbyeee an independent contractor.or through any third early by paling a buyout fee eouaao 1 hi 9%or annual salary peered by CITY may Claudia Lea n She has dworked a%%mum a ae0 hours on Munnemps Neoo al ire CITY or b)18%or the annual wiry off ared by CITY to caudm Lira if me az waned lessthan NO sours on genersmpst pastor al Se on City ell pipped,mpeMie M tnnampa emooyee/lei performing its wIX ad,be reaponc tie runic business Po scions mares arch niesecuai property Cry say also mu%su ad.S pemims.wopases 0 syste s..an not pennn Mundremps emeeyaas to operve any amide on mobile equlwos"erste supervise. um empzmwnung. Job Deicer-10m namrm the ea5.Agenda bask-up nmmrdsl i Assists wM the prepa-aum of the Coune,i es.an5lers ars Agenda packages and wnezweems m pag noued m Coaml%ln m esure Ira we5 MUU U.u>m management agenda%ye.sessynno, rects./erne ceder.aa.fza Mrs,daanaza imming nine or a e rdel.'sere m immure YYLnmlaeress.accuracy ann PrO0069 direct administrative are seyretanai support ta one cymofe yiessyyt manageynem and atter siert messes as Wised ry pp now wimp needs m save a copy of Igendes. n A/p mvar benign red also. Name)TRKKA V°.Let name:(gredyn (AU Title 4-6;11 4.4 Title: fi>urve D;e6.4r elleregvaq EIYIDY•CchaddiCilyor Maleemci+4a ed./44Mie.seemt rj! p Authorized Signature: t J f kite- . 1 1 • f (O City Representative Date Losm000l maesg wgxeu Cry M Rosemead emlen A lAnmi0 asumurtcoycerks oral came ra vfe.mfe n14 An / 11 GOVESTA-02 PPISANO A 0 o CERTIFICATE OF LIABILITY INSURANCE DA5/19/20 6 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CTK North American Insurance Services,LLC (At,No,E,g:(714)779-2000 FAX Non(714)779-4129 1240 North Lakeview Avenue,#240 E#wiL Anaheim,CA 92807 ADDRESS: INSURERISI AFFORDING COVERAGE NAIL II INSURER A,Zurich American Insurance Co.of IL 27855 INSURED INSURER B American Guarantee and Liability Ins.Co. 26247 Government Staffing Services INSURER C'. P.O.Box 718 INSURER D: Imperial Beach,CA 91933 INSURER F INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1N50 WVO POLICY NUMBER (MMOOMlYY) IMWOD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PRA969906304 0511012016 05/10/2017 DAMAGE TO RENTED 100,000 PREMISES(Ea occurren. _ $ I MED EXP(Any one person) $ 10,000 I,I PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 1 GENERAL AGGREGATE $ 2,000,000 X POLICY JECOT LOC PRODUCTS•COMP/OP AGG $ 2,000,000 OTHER _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO PRA969906304 05110/2016 05/10/2017 BODILY INJURY(Per person) S ALL OWNED I SCHEDULED BODILY INJURY(Per accident S I Auras AUTOS X NON-OWNED PROPERTY GE 's X HIRED AUTOS AU O (Per et S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 's 1,000,001 B EXCESS LIAR CLAIMS-MADE UMB946734704 05/10/2016 05/10/2017 AGGREGATE I,$ 1,000,001 DED X RETENTIONS 0 I$ WORKERS COMPENSATION PER 0TH- I AND EMPLoYERS'LIABILITY 7/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE -a E L.EACH ACCIDENT 1$ OFFICER/MEMBER EXCLUDED? N/A I Mandatory In NH) F I DISEASE-FA EMPI O EE!S If descrbe under DESCRIPTION OF OPERATIONS Y RATIONS below E.L.DISEASE LIMIT 5 A Crime PRA969906304 05I1012016 05I1012017 $100,000 $2,500 Ded A Professional Liabili PRA969906304 05/10/2016 05/10/2017 $1m/$2m$1000 Ded DESCRIPTION OF OPERATONS I LOCATIONSI VEHICLES IACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Cyber Liability:BCS Ins.Co.!RPS-P-0110241 1 10/23/15-10/23/16/$1,000,000 Schedule of Named Insured(s) Government Staffing Service dba:Herrera 8 Associates Staffing Services Government Staffing Service dba:Munigroup,Government Staffing Service dba:Munitemps Government Staffing Service dba:Munistaff CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Kelley Kim 8838 East Valley Blvd. Rosemead,CA 91770 AUTHORIZED REPRESENTATIVE ©1988-2014 AGGRO CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD