HomeMy Public PortalAbout2016.013 (02-02-16)RESOLUTION NO. 2016.013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNITEMPS
FOR TEMPORARY STAFFING SERVICES FOR A NOT -TO- EXCEED AMOUNT OF
$60,800
WHEREAS, the Department of Development Compliance & Enforcement
Services has the following position: Planning Manager; and
WHEREAS, this position is essential to the operation of Department of Development
Compliance & Enforcement Services (i.e. supervision of subordinate staff and the
opportunity to delegate the day -to -day functions and allow the Director to focus on the
more complex and significant issues. The Planning Manager position will enhance the
operation by working in a supervisory capacity and ensure the efficient operation of the
Division); and
WHEREAS, the Planning Manager position is vacant; and
WHEREAS, difficulty in filling the position through the City's recruitment process
temporary staffing is needed; and
WHEREAS, Section 6 -3.13 of the Lynwood Municipal Code authorizes the City
Council to dispense with formal bidding requirements by 4 /5ths vote, when the services
may be acquired more economically and efficiently through the use of an alternate
procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Council authorizes the Mayor to approve an agreement
for temporary staffing services with Muni Temps, with a not -to- exceed amount of
$60,800, approved as to form by the City Attorney,
Section 2. This resolution shall become effective immediately upon its adoption.
Section 3. The City Clerk shall certify as to the adoption of this City Council
Resolution.
[THIS SECTION INTENTIONALLY LEFT BLANK]
PASSED, APPROVED AND ADOPTED this 2 "d day of February, 2016.
ATTEST:
r
Maria Quinonez,
City Clerk
APPROVED AS TO FORM:
David A. Garcia
City Attorney
0
Edwin Hernande , Mayor
�- I ' L
J. Arnoldo Beltran,
City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 2nd day of February 2016, and passed by the
following votes:
AYES: COUNCIL MEMBERS SANTILLAN -BEAS, SOLACHE AND CASTRO
NOES: ALATORRE AND MAYOR HERNANDEZ
ABSENT: NONE
ABSTAIN: NONE
r
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of
the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Resolution No. 2016.013 on file in my office and that said Resolution
was adopted on the date and by the vote therein stated. Dated this 2nd day of February,
2016.
Maria Quinonez,
ki
Z=Tem s®
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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 LYNWOOD, with its principal municipal office located
at 11330 Bullis Road, Lynwood, CA 90262 ( "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 21 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
e m s® Corporate Mailing Address: PO Box 718; Imperial Beach, CA 91933
Phone. 1-866-406-6864 • Fax 1 -866- 498 -6678
•'�' •1 Municipal Staffing Solutions Website. www.munitemps.com
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 1 1 Page 2
e m Dso Corporate Mailing Address: Po Box 718, Imperial Beach, CA 91933
Phone: 1 -866 - 406.6864 • Fmc 1.866- 498 -6678
Municipal Staffing Solutions Website: www.munitemps.com
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
' e m p s® Corporate Mo. iling Address; PO Box 718, Imperial Beach, CA 91933
Phone: 1. 866.406 -6864 • Fax: 1-866-498-6678
Municipal Staffing Solutions Website:.www.munitemps.com
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 transfer or 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 LYNWOOD
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Signature
11A 144-,�z6d-oZ
Printed Name
Title
'5115 -1%
Date
GOVERNMENT STAFFING SERVICES, INC.
Signature
Johimu Fterrera, CPA
Printed Name
Pres%dewt / cEo
Title
22/23/201
Date
4"Pr'a va A-0 P"",
� C��w 4 -CAk
Rev. 5/13 Page 4
GOVERNMENT STAFFING SERVICES, INC.
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Te m ps�
'° ` Municipal Staffing Solutions
Municipality:
City of Lynwood
Client Contact:
Haydee Sainz
Interim Position:
Planning Manager
Bill Rate per Hour:
$95.00
Hours per Week:
40
Start Date:
12/14/2015
Expected Duration:
Open
EXHIBIT "A"
of Municipal Staffing Agreement
Corporate Mailing Address: PO Box 718, Imperial Beach, CA 91933
Phone: 1- 866 - 406 -6864 • Fax: 1- 866 - 498 -6678
Website: www.munitemps.com
Notes
Human Resources Director
Michael (Mike) Poland
(4/10) Monday - Thursday 7AM to 6PM
Depending on Needs of City.
CITY may hire Michael Poland as its direct employee, as an independent contractor, or through any third party by paying a buyout fee equal to (a) 9% of the
annual salary offered by CITY to Michael Poland if he has worked a minimum of 980 hours on MuniTemps' payroll at the CITY, or (b) 18% of the annual salary
offered by CITY to Michael Poland if he has worked less than 980 hours on MuniTemps' payroll at the CITY.
City will properly supervise MuniTemps employee(s) performing its work and be responsible for its business operations, services, and intellectual property. City
will also properly supervise, control, and safeguard its premises, processes, or systems, and not permit MuniTemps employees to operate any vehicle or mobile
equipment unless approved by MuniTemps in writing.
Job Description
Provides supervision, direction, coordination, and training for the profession, technical and clerical staff assigned other City's Planning and Building Divisions;
assigns work to staff based on their abilities; manages and tracks the work load for the divisions; functions as the "City Planner" and sets administrative polices;
prepares and administers the divisions' budget; oversees the timely processing of land use, development applications, site plan reviews and building inspections;
technical advisor to the City Council, Planning Commission, and the community related to all aspects of urban planning and environmental issues, and permitting
processes; participates in City Tasks Forces or other joint efforts as it relates to planning and building issues; functions as the Department's representative to the
Planning Commission; updates the General Plan, Zoning Code, Subdivision Regulations, Environmental Guidelines and other related codes, regulations and
guidelines as necessary; recommends and implements goals, objectives, and practices for providing effective and efficient planning services; attends City Council
meetings as directed; works closely with any other Department managers and Director.
Invoicing Requirements
Below is the list of Individuals who will receive the Invoice for processing (Please include AiP person ).
' Name:
I Title:
I Email:
i
Authorized Signature:
Name;
Title:
City Representative Date
Municipal Staffing Agreement City of Lynwood - Exhibit A (Planning Manager) 12/2312015 1:40 PM